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HomeMy WebLinkAbout03-27-17 Council MinutesREPORT OF SUB - COMMITTEE ON MINUTES TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: THE SUB - COMMITTEE HAS INSPECTED THE MINUTES OF THE March 27, 2017 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND T BE APPROVED: TIM SCOTT / d ID VARNER APPROVED BY THE COMMON COUNCIL ON: April 10, 2017 ATTEST: Z�IW REEM O CLERK REGULAR MEETING MARCH 27, 2017 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, March 27th, 2017 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation was given by Deacon Ryan Pietrocarlo, CSC from St. Adalbert's Church, and Pledge to the Flag was given. ROLL CALL COUNCIL MEMBERS: Tim Scott Regina Williams- Preston Randy Kelly Josephine Broden Dr. David Varner Oliver J. Davis John Voorde Gavin Ferlic Karen L. White OTHERS PRESENT: Kareemah Fowler Jennifer Coffinan Alkeyna Aldridge Graham Sparks Aladean DeRose Adriana Rodriguez 1st District, President 2nd District 3rd District 4th District 5th District 6th District, Vice President At -Large At- Large, Chairperson Committee of the Whole At -Large City Clerk Chief Deputy Clerk Deputy Clerk Executive Assistant Clerk Interim Council Attorney Legal Research Assistant REPORT FROM THE SUB - COMMITTEE ON MINUTES Councilmember Gavin Ferlic made a motion that the minutes of the February 13th, 2017, February 27th, 2017, and March 13th, 2017 meetings of the Council be accepted and placed on file. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Councilmember Tim Scott stated, I would just like to say thank you to Adriana Rodriguez for her service to the Common Council for three (3) years as Legal Research. She is moving on, so we wish her the very best in her endeavors. Thank you very much, Adriana. Unfortunately, tonight is her last Common Council Meeting. 17 -16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE WEEK OF MARCH 24-31 AS FARMWORKER AWARENESS WEEK IN SOUTH BEND, INDIANA Councilmember Tim Scott, 711 Forest Avenue, South Bend, IN, served as the presenter of this bill, and Jesusa Rivera, 2807 Macarthur Ave, South Bend, IN, served as co- presenter. In the spirit of the resolution itself, the text of the resolution was read in English and Spanish by Councilmember Scott and Ms. Rivera, respectively. REGULAR MEETING MARCH 27, 2017 Ms. Rivera stated, I would just add that in St. Joseph County, in April, we have two - hundred (200) microfarmworkers coming through to live here and they stay throughout the April -to- October period. In July, you'll see somewhere between four - hundred and twenty -five (425) to five- hundred (5 00) in St. Joseph County. So, our folks are coming here to do the jobs that our Hoosiers are not willing to do, and working ten (10) to twelve (12) hours a day yet hardly making enough to even feed their own families. So, I think this is a great recognition. Thank you, Tim, and thank you, Council, for bringing this up. Councilmember Scott stated, And one more thing. All we Councilmembers— myself included we see an influx of people coming in to work in the spring and in the fall, and we run into housing issues within our community on this, as well. What we need to be is warm and welcoming, and make sure they have the rights for quality of life issues just like everybody else within the City. I definitely agree with the City ID program that we have. I have my own personal City ID —I know a couple other Councilmembers do, as well. I think that's important as well. That's something that we need to be aware of as Councilmembers. Those from the public wishing to speak in favor of this bill: Rudy Monterrosa, 418 West Jefferson Boulevard, South Bend, IN, urged the Council to approve the resolution, as it is the hard work of these migrant workers that helps to keep food affordable for people in the area. Mr. Monterrosa also stated that this issue was near to him because his grandfather migrated from Mexico as a farmer, and it was his labor that kept food on the table for his family. Dr. Fred Ferlic, 1128 Georgiana Street, South Bend, IN, stated that migrant farmers need decent housing when they come into the City, and that it was his pleasure to state that he was in favor of this resolution. None from the public wished to speak in opposition to this bill. Councilmember Regina Williams- Preston stated, I just want to thank you for bringing this to all of our collective attention. In hearing this resolution, I'm recognizing how much I don't know and I look forward to getting more involved on this issue, because it is something that is very important. Councilmember Randy Kelly stated, Thank you, also, for bringing this to our attention and the attention of the community. I am really pleased that you mentioned children in this resolution as well, because I think many folks don't realize how many children are working as farmworkers, also. So, thank you. Councilmember Jo M. Broden stated, I just wanted to echo thanks and piggyback on a couple of things, if I might: Long sleeve shirt drive is going on, coinciding with this awareness week. Special thanks to the Clerk's Office and the leadership of Kareemah Fowler and her staff. Councilmember Broden listed drop -off locations for the t -shirt program (La Casa de Amistad, at 746 South Meade Street; Work One at 851 Marietta Street; the lobby of the County -City Building, as well as the 4th Floor; and the South Bend Community School Corporation offices at 215 St. Joseph Street) and encouraged the public to support the initiative. Addressing Ms. Rivera, she stated, Logistically, I don't know how you do what you do. I think it is really key that our community understands that you serve all across Indiana. It's amazing, and the quality of the services are outstanding. I would just like to allow you an opportunity —if Friday nights are open: I found it very instructional, as a new Councilmember, having attended last year's event that you held at Work One. I don't know, though, if that is open to the public, or how folks can get more information about your organization and what it does year- round. Councilmember Oliver Davis asked Ms. Rivera if she wanted to describe what her organization does. Councilmember Scott stated, We'll put all the data on the Facebook page, on the Council page and all that, but go ahead. Ms. Rivera stated, I work for Proteus, Incorporated. It's a national organization that works with seasonal and migrant farmworkers. So, we pull them out of working in the fields and provide an F] REGULAR MEETING MARCH 27, 2017 education, full tuition, and /or a job that is full -time with benefits. On Fridays, at Ivy Tech, at 10 o'clock, we will be recognizing some of our farmworkers plus those that have partnered with us. I think the stories of folks who have been in our community working in this field, in this very important endeavor, is really important to hear. So, thank you again for your work. Councilmember Dr. David Varner stated, As I recall, this is about the tenth year that we've brought this resolution forward, and I think there's been some tremendous progress made, in large part because of yourself and other folks. I hope that you are able to continue that. To the extent that the City can help, I certainly think we want to do that. In many ways, I think we see this as a problem that's not just a City problem, but perhaps a national problem, at least at the time of season. So, I congratulate you on what you've done. To the extent that this public resolution helps, I hope you can use it fruitfully. We wish you well. Councilmember John Voorde stated, Thank you for helping raise awareness and for your advocacy. Councilmember Gavin Ferlic stated, Thank you for what you do. Councilmember Karen White stated, I personally would like to thank President Scott and Ms. Rivera's efforts in support of this resolution. It brings to light not only the work that has been done and is being done, but also the fact that we value each and every one (1) of you. We respect the work that you do. We understand that very few other individuals would do what is being done on our behalf. It speaks very highly of our community, in terms of how we must continue to work together to ensure that we have the quality of life for all of our citizens. So, I applaud you and the work that's being done on our behalf. Councilmember Oliver Davis stated, I would also like to say congratulations and I appreciate what you are doing. You have worked tirelessly over these last few years — throughout your whole life, really, in terms of being an advocate —to let us know the needs and issues. You celebrate with us when we have seen success on some of these different occasions. One thing that I would like to emphasize is that oftentimes we talk about migrant workers coming in the spring and leaving in the fall: a lot of them choose to stay in the area and they make South Bend home. The more we can reach out to make people stay while they're here working in the summer and share with them our South Bend way of life, the more of them will come and stay here and become a part of our community, our schools, and will stay here throughout their entire lives. I want to thank you again. Councilmember Scott notified those present that there is a barrel stationed by the elevators for shirt donations. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17 -16 by acclimation. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS OF CITY OFFICES Representing the City Administration: James Mueller, Chief of Staff Councilmember Tim Scott announced that there were no reports from the City, but that the State of the City Address would be given by Mayor Pete Buttigieg at Riley High School on Tuesday, March 28th, 2017, at 6:00 p.m. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:22 p.m. Councilmember Dr. David Varner made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Gavin Ferlic, Chairperson, presiding. 3 REGULAR MEETING MARCH 27, 2017 Councilmember Gavin Ferlic explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2 -11 of the South Bend Municipal Code. PUBLIC HEARINGS 10 -17 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1905 E. GOODSON COURT, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Angela Smith, Area Plan Commission, with offices on the 11th Floor of the County -City Building, South Bend, IN, served as the presenter of this bill. Ms. Smith stated, The petitioner is seeking to rezone the property here from GI, General Industrial District, to CB, Community Business District. The site was historically an industrial site, which was converted to several commercial uses that did not necessarily meet with the zoning ordinance, so their efforts today are to bring the site into compliance with their current zoning. Ms. Smith presented to the Council and public an aerial image of the existing building on the site, as well as the cellphone tower nearby. She stated, To the north, across the railroad tracks, are businesses fronting along Lincoln Way zoned CB and GB business districts. To the east is an industrial building zoned GI, General Industrial. To the south are single - family homes zoned SF2, Single Family and Two (2) Family. To the west is a retention area zoned SF2, Single Family and Two (2) Family. The existing building is proposed to be reused for the purposes here of the event center. Ms. Smith presented to the Council and public another image depicting the site. She stated, You can see that the parking lot is full of gravel and the separation between the alley and the site is very minimal and overgrown. Ms. Smith presented another image, depicting another view of the property. She stated, The site contains a 19,200 square -foot building that is supposed to be used as an event center. The preliminary site plan shows one - hundred and ten (110) parking spaces along with an interior off - street parking island. The screening fence would be a solid wood or vinyl fence. The east, north, and west property lines will be enclosed with a six (6) foot high chain -link fence with some additional landscaping. This comes to you from the Area Plan Commission with a favorable recommendation. The rezoning of the site to CB, Community Business, will allow for the reuse of a former industrial site. The proposed development will provide a series of upgrades and improvements that will mitigate the negative impact on surrounding properties and enhance the area. Mike Danch, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, IN, served on behalf of the petitioner, David Nufer. Mr. Danch stated that the Nufers had purchased the property in October, 2016. He explained that at the time of purchase, it was being used as an event center. The Building Department informed the Nufers that the building was not zoned correctly for the uses they desired when purchasing the property. Mr. Danch stated, What we are trying to do this evening is to bring that property into compliance. What's required is for it to be in the CB District of the City of South Bend. Mr. Danch stated that they would be repaving the mostly gravel parking lot, bringing its capacity to one - hundred and ten (110) spaces. He stated that they would build a six (6) foot tall solid screening fence that will mitigate the sounds generated by the property. The rest of the site will have a six (6) foot high chain -link fence. The Nufers, as part of the event center, hired county police to do security, so, Mr. Danch explained, there will never be less than two (2) county police officers present for any of the events held at the site. Mr. Danch stated that Mr. Nufer has also had conversations with some of the residents who had shown up to the Area Plan Commission meeting that had some concerns regarding noise and parking difficulties. The hope is that, at the least, through signage and policing the site, there will be no more parking issues. Mr. Danch stated, What we would ask the Council this evening is to approve that zoning so that we are in compliance with the latest standards for the City of South Bend. 11 REGULAR MEETING MARCH 27, 2017 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There were none from the public wishing to speak in favor of or opposition to this bill. Councilmember Oliver Davis made a motion to send Bill No. 10 -17 to the full Council with a favorable recommendation. Councilmember Randy Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 15 -17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2017 Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. John Murphy, City Controller, with offices on the 12th Floor of the County -City Building, South Bend, IN, served as the presenter of this bill. Mr. Murphy stated, As you know, it's been our practice, the last several years, to amend the budget quarterly. These are the first quarter budget transfers. These don't represent additional spending, but reclassification between different types of accounts. We went through the list earlier in the committee meeting, so I won't repeat that, but we try to keep on top of it so that we don't overspend in any particular category. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There were none from the public wishing to speak in favor of or opposition to this bill. Councilmember Oliver Davis made a motion to send Bill No. 15 -17 to the full Council with a favorable recommendation. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. 16 -17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2017 OF $143,000 FROM GENERAL FUND ( #101), $225,347 FROM PARKS FUND (#201),$200,000 FROM GIFT, DONATION, BEQUEST FUND (#217),$10,000 FROM CENTRAL SERVICES FUND ( #222), $33,671 FROM EMERGENCY TELEPHONE SYSTEM FUND (#244),$8 FROM EXCESS WELFARE DISTRIBUTION FUND ( #252), $1,000,000 FROM LOIT 2016 SPECIAL DISTRIBUTION FUND (#257),$2,000,000 FROM LOCAL ROAD & BRIDGE MATCHING GRANT FUND ( #265), $400,000 FROM EMS CAPITAL FUND ( #287), $137,000 FROM EMS OPERATIONS FUND (#288),$108,300 FROM COPS MORE GRANT FUND (#295),$150,000 FROM COUNTY OPTION INCOME TAX FUND (#404),$57,700 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND ( #408), 5 REGULAR MEETING MARCH 27, 2017 $735,236 FROM SOUTH BEND REDEVELOPMENT AUTHORITY FUND ( #752), AND $250 FROM ERSKINE VILLAGE BOND FUND ( 058) Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. John Murphy, City Controller, with offices on the 12th Floor of the County -City Building, South Bend, IN, served as the presenter of this bill. Mr. Murphy stated, These are Civil City Funds, additional appropriations. Civil City Funds are your non - enterprise funds. We went through the list during the committee meeting. I'll highlight a couple of the largest items. In the EMS Capital Fund, we are appropriating $400,000 for land purchases in connection to the new Fire Station #9. That is funded with Medicaid reimbursements of $1,790,000 that we just recently received, from fiscal year 2014. We are hopeful that we will receive some additional moneys from fiscal years 2015 and 2016, although it takes a period of time in order to receive those, so we're still working on that. We're doing a great job with the Fire Department, in that regard. The 2nd largest is the South Bend Redevelopment Authority. We are closing out a trust account. When you issue a bond, you are required to set aside one payment in reserve. We have made the final payment on the 2009 Morris Performing Arts Center refunding. So, this represents a transfer from the South Bend Redevelopment Authority Desk Service Fund to the EDIT Fund, in the amount of $735,236. The final item: we are appropriating $2,000,000 for the Community Crossings Grant—and that funded $1,000,000 in a local matching contribution, and then $1,000,000 in INDOT grant revenue that was received in February 2"d, 2017. So, these two (2) budget appropriations take care of the accounting for that program. Councilmember Karen White asked Mr. Murphy to highlight some of the information regarding gift donations and bus shelters. Mr. Murphy responded, Maybe four (4) or five (5), six (6), seven (7) years ago, the Council set up a special fund for gifts and donations. So, this $200,000 is in connection with the Father Hesburgh, Dr. Martin Luther King, Jr. statue. So, these are expenditures that are fully funded with donations or other revenue from the State. There is no City tax money involved in this. So, this is the appropriation to finish that project paid for by donations. The bus shelter is a COIT appropriation of $150,000. It was in the budget for 2016, but we were unable to encumber the money. We didn't have all the contracts lined up and approved, and so forth. So, that is being reappropriated in 2017. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor of this bill: Steve Francis, 225 Edison Street, South Bend, IN, stated that he speaks on behalf of the Sierra Club, the nation's largest environmental and conservation organization, regarding the relocation of the fire station on Mishawaka Avenue. Mr. Francis stated that when the Sierra Club first heard about the initial intention to relocate the station to Potawatomi Park, they feared they would lose parkland. He stated, I rise in support of this. I think it's an exemplary process. Mr. Francis stated that through the efforts of Fire Chief Steve Cox, the Department of Community Investment, the Parks Department, and concerned citizens, a solution has been found that is a "triple- win ": the Fire Department gets an improved station; public safety is improved in the area, via medic services and river rescue; and the City does not lose any parkland. Ruth Warren, 1520 Sunnymede Avenue, South Bend, IN, stated, that she was in support of the establishment of Fire Station #9 in River Park and stated that it would benefit the City, the people, and the Fire Department. She commended those involved in the process for arriving at a consensus decision that benefits everyone. Pam Claeys, 1106 Bellevue Avenue, South Bend, IN, stated that she echoes the preceding comments and also that she is in favor of the $400,000 appropriation for the purchase of land for the Fire Department in River Park. Ms. Claeys stated that Chief Cox was challenged to think outside of the box and he met the challenge. She stated, He really listened to the public. He did Con REGULAR MEETING MARCH 27, 2017 his best to fmd something. I think it's an excellent example of leadership by the Fire Department, and I am fully in support of it. Dan Kane, 1106 Bellevue Avenue, South Bend, IN, stated that this was an example of local government working. Jean Perrin, 830 South 32nd Street, South Bend, IN, stated that she has been a homeowner in River Park for seventeen (17) years, and that she is also part of the Board of Directors for the River Park Neighborhood Association. Ms. Perrin echoed the preceding comments regarding how critical it is for the area to have ambulance and medic services. She added, Personally, I had to deal with waiting for an ambulance for fifteen (15) minutes about six (6) years ago when my husband wasn't breathing, and I don't want anyone else to go through that ever again. Janet Maciulski, 1117 South 31St Street, South Bend, IN, stated that she was against the relocation of the fire station to Potawatomi Park and was pleased that the decision was made to move it to River Park instead. Ms. Maciulski asked, as a member of the Botanical Society and a committeemember of DJ's Sensory Garden, that the sirens to be used only when absolutely necessary. She stated, The impact of the noise could have a negative effect on the visitors of the Potawatomi Conservatory and DJ's Sensory Garden. She further stated that she felt the new location would ultimately be more positive than negative, and that it was her sincere hope that the new fire station proves to be a very good neighbor. Dave Nufer, 2409 Mishawaka Avenue, South Bend, IN, echoed the preceding comments, and thanked Chief Cox for explaining why the station should be built in River Park as opposed to Potawatomi Park. Mr. Nufer also thanked Councilmember Randy Kelly for the time that he spent at the project's meetings. Steve Cox, Fire Chief with the South Bend Fire Department, 1222 South Michigan Street, South Bend, IN, stated that he appreciated the kudos from commenters. Chief Cox gave kudos to the community —as this project saw the most community input of any project he had been a part of —and gave recognition to Dave Relos of the Department of Community Investment, who worked behind the scenes and did a lot of the negotiating for the project. Those wishing to speak in opposition to this bill: Jesse Davis, P.O. Box 10205, South Bend, IN, stated that he is not necessarily in opposition to the bill, but felt that the public could use clarification on whether the appropriation of $200,000 was specifically devoted to the building of the Father Hesburgh, Dr. Martin Luther King, Jr. statue, or if any of the money would go to any other bodies, such as Animal Control. Mr. Davis stated, There has been a huge debate over that on social media, so I think there needs to be some clarification. Sharon Banicki, 4832 Ford Street, South Bend, IN, stated that she is not against the building of the fire station, but asked —given that it was known since last year that there was a need for a new fire station —why the City did not budget appropriately for the project in 2016. Ms. Banicki asked, Why wasn't all of that considered? $400,000 for land —how much is it going to cost to build it and get everything equipped there? He gave us the highlights of this, which come out to $3,000,000, but you're transferring $5,000,000. I would like the complete and total breakdown of where all this money is being spent. Ms. Banicki stated that the City had lost her faith; that she could not trust them to be financial guardians of taxpayers' money. She stated, I think accountability and transparency is probably the worst that it's ever been. Antonius Northern, 234 Rue Flambeau, South Bend, IN, stated, My concern is very similar to Ms. Banicki's in that I am concerned about where those funds are going. Primarily, my biggest concern is the $2,000,000 in the Local Road and Bridge Matching Grant Fund. I think that the $2,000,000 becomes the City's bargaining chips in order to make sure that we know ... the contractors that are going to be securing these jobs. As I have heard in different Council meetings, the City Council says from time to time, "We are unable to control these projects, because they are State -run projects, and we are just offering our local match, and then the INDOT is going to be the one who is responsible for fulfilling the actual particulars of the contract." I'm feeling like Ms. Banicki in that my faith isn't there regarding whether or not there are minority contractors as a part of this local match and as a part of creating these road projects. 7 REGULAR MEETING MARCH 27, 2017 He stated, A lot of times when we look at some of our building projects and some of our street projects, we can't find a contractor with a truck that says "574" on the side. That means that, basically, you're taking our $2,000,000, you're putting it together with the State money, and it's going out the door. He urged the Council and Administration to look at ways to create a pipeline that "allows for us to really capitalize on these dollars and make sure that they are staying inside of our community." He concluded by stating that he was in favor of the fire station relocation to River Park. John Murphy returned to the podium for a rebuttal. Mr. Murphy stated, First, on the gift donation Fund #213, we have a really detailed record —and I'll pass this around. What we do is we keep each activity separate within the account, so Animal Control has their column of revenue and expenditures; their balance. Community Investment bike paths —a couple of years ago, we received some donations for bike paths. The Hesburgh statue has a column. DCI had a Vacant and Abandoned initiative that received some donations. It's very detail- oriented, and it's very specific, so there's no intermingling of funds. The appropriation for the Community Crossings Grant is $2,000,000. I think what maybe is the confusion is that we have a transfer of $1,000,000— that's from the special LOIT fund that the State asked us to set up last year when they made that contribution of COIT money. So, that $1,000,000 is coming from that fund into the Fund #265. It is only an appropriation of $2,000,000: $1,000,000 is a local match; $1,000,000 is inbound grant revenue that we received earlier in the year. So, that is pretty specific. The $5,000,000 that's referenced—that's the sum of all the appropriations. If you want to go down the line, we can do that, but it's not $5,000,000 on this particular project. It's $2,000,000 for the Community Crossings project. As far as the bidding, we have a diversity inclusion officer. That covers both the human resources side and also the purchases side, so we are taking an active interest in that, and we comply with local preferences. We have a whole process through the Board of Public Works for building projects and so forth. I think we are trying to be very transparent. That's the point of the attached schedule, which I think is very transparent and provides a lot of detail that you need to make decisions on spending. Councilmember John Voorde made a motion to send Bill No. 16 -17 to the full Council with a favorable recommendation. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. 17 -17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2017 OF $400,000 FROM SEWAGE WORKS DEPRECIATION FUND ( #642) AND $40,071 FROM 2011 SEWER BOND FUND ( #659) Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. John Murphy, City Controller, with offices on the 12th Floor of the County -City Building, South Bend, IN, served as the presenter of this bill. Mr. Murphy stated, These are the first quarter petition of appropriations from the enterprise funds. There are only two (2) this quarter. The first is the $400,000 appropriation of the Sewage Works Capital Fund for replacing and upgrading the Calvert Street Lift Station, which is funded by a contribution from the Pokagon Band which was received on February 15th, 2017. The second is an appropriation of $40,071, which is the last of the money remaining from the 2011 Sewer Bond Fund, and that is going to be used for the Waste Water Treatment Secondary Improvement project. That will finish the capital portion of that bond. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. REGULAR MEETING MARCH 27, 2017 None wished to speak in favor of this bill. Those wishing to speak in opposition to this bill: Antonius Northern, 234 Rue Flambeau, South Bend, IN, stated that his current question is similar to his previous one. Mr. Northern stated that as this bill concerned itself with enterprise funds, the assumption would be that construction projects would come of it. He asked if there were any documentation or assurance of any kind from the Administration or the Department of Public Works that any of these projects would go forward with the intent of hiring minorities to execute them. John Murphy returned to the podium for a rebuttal. Mr. Murphy stated that his response was also similar to his previous one, in that there is an inclusive hiring process in place. Councilmember Oliver Davis asked if Mr. Murphy could elaborate on that process. Mr. Murphy responded that he was not the expert on the matter and so could not offer any real details. Councilmember Gavin Ferlic recommended a Council update and committee hearing on the matter in the near future. Councilmember Tim Scott made a motion to send Bill No. 17 -17 to the full Council with a favorable recommendation. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. 66 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17, ARTICLES 4 AND 6 TO ADDRESS NEW WATER RATES AND CHARGES Councilmember Karen White made a motion to accept Substitute Bill No. 66 -16. Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dr. David Varner, Chair of the Utilities Committee, reported that they met this afternoon and send this bill forward with no recommendation. Eric Horvath, Director of Public Works, with offices on the 13th Floor of the County -City Building, South Bend, IN, served as the presenter of this bill. Mr. Horvath stated that everyone has a right to clean water and, quoting Thomas Fuller, stated that "you never know the worth of water until the well is dry." He stated, There is nothing more appropriate than that quote today as we talk about the bill that's in front of you, which is an ordinance to look at increasing our water rates to help support these new serious capital needs that we have for our water utility. We talked about some specifics in the budget, and then we, subsequent to that, held some meetings in mid - September, 2016 with our twenty -five (25) largest water users in the City. We submitted the first proposal on October 5th, 2016, which was an ordinance amending sections of Municipal Code Chapter 17 to address new water rates and charges. Reflected in that ordinance was a $4.76 increase for an average residential user. Subsequent to that, we received some Council feedback at the committee meeting and we put together the substitute bill that you have in front of you today — hopefully reflected in some of that are comments we received from Council, and that included a couple of things: one (1) is the use of TIF dollars, and two (2) is a phased -in approach. Mr. Horvath stated, So, the phased -in approach would be that, instead of the $4.76 increase for an average residential user on the water portion of their bill, it would be $2.43 in year one (l)— pending the IURC approval, which is typically about a three- hundred (300) day process after the Council passes this ordinance. It still does need to go through IURC. There will be a public hearing here in South Bend before it's finalized, and that whole process takes roughly three- 26 REGULAR MEETING MARCH 27, 2017 hundred (300) days, so it will be somewhere in the beginning of January, 2018. The second increase will be about $2.97 for an average user, which will be one (1) year later, sometime toward the beginning of 2018. I want to apologize for my revised cover letter that I gave you that was incorrect and let you know that I have corrected that one for you. You will receive the corrected cover letter, but the ordinance was still correct. There was no change in the substance of the ordinance. Overall, the new ordinance has reflected about a four percent (4 %) increase in the first year of the overall utility bill. I share that only because I think there is some confusion about the water portion versus the utility bill itself. One of the things that was helpful was being able to come to a compromise in the use of TIF. It allows us to phase -in the rates and gives us a short-term finance source for the first three (3) years. So, included in this proposal is the utilization of $6,600,000 of TIF dollars in the years 2017, 2018, and 2019, because one (1) of the issues we are going to have is first portion of the rate impact won't come into place until 2018. It will start generating revenue, although most of that revenue is going to be eaten up by outstanding ONM charges that are in excess of what our revenues are coming in, currently. Mr. Horvath presented to the Council and public slides depicting the South Bend utilities system, which Mr. Horvath explained has not been kept up as well as it has needed to be. He added that the national grade for water infrastructure is a "D ". He next presented a map of the utilities system of South Bend, going over each element of that system for those in attendance. He explained that there were three (3) different components to the system. Mr. Horvath stated, There's a supply and treatment portion, which is usually the well fields. We also have storage facilities. We have a couple of ground reservoirs, six (6) booster stations, but we only have one (1) elevated tank. He explained that the tank, which holds 2,000,000 gallons of water, is crucial for times of power outage, but also pointed out that the six (6) booster stations that pump from City reservoirs are helpful in that regard, as well. They are still susceptible to an outage, he explained, and care must be taken to ensure that they are running off backup generators in times of need. Mr. Horvath stated, And finally, there is the system itself, which are the pipes in the ground, the valves, the fire hydrants, and the meters for billing —which is what we call the "distribution system." This capital plan has components of each of these. The first number of years, it's heavy on supply and treatment. Mr. Horvath then presented the last master water plan to the Council and public. He stated, We had an overall system demand of about 31,500,000 gallons a day on a max day and a peak hour demand of about 78,900,000 a day. Our system capacity is rather large: it's 77,200,000 gallons a day. Once again, because we don't have a lot elevated storage, they had to meet those peak needs by having a lot of capacity. So, the way they met peaks was by being able to pump more water. Over time, they had been using that extra capacity and when a well went down and didn't work anymore, they just left it and didn't replace it. Mr. Horvath stated, so where we are today is that we can actually pump 42,000,000 gallons a day. Even though we should have the ability to do 77,200,000, we only pump about 44,000,000, and that's because of the pumps that are currently not working. Mr. Horvath presented to the Council and public images of the utilities facilities themselves in various states of disrepair. Depicted were failing water filters, the threat of the north station flooding, a tank that is out -of- service due to a chlorine leak, an out -of- service fluoride tank, one of nearly fifty (50) actuators that no longer function, a generator that has had consistent maintenance issues, and the Fellows reservoir which has required $400,000 worth of maintenance and repair since 2002. Mr. Horvath stated that the system has five - hundred and eighty -three (583) miles of water main and 5400 fire hydrants. He stated, The current five (5) year replacement rate for what we have done in the last five (5) years: we will replace our water mains once every six - hundred and thirty -four (634) years and our fire hydrants once every hundred and sixteen (116) years. There is a lot of stuff in this downtown area that is 1875 vintage. That was ten (10) years after the Civil War, so, really old stuff. At that point, you're hoping and praying that it doesn't fail. Mr. Horvath presented to the Council and public staff numbers. He stated, It's not a matter of operations and maintenance going wild. I think the Utility has been trying to do what it can to keep rates down and prolong the need for a rate increase. They wouldn't have not had a rate increase in 2006 without doing things like this. Mr. Horvath presented a study done in January, 2015 showing the bills for the top five - hundred (500) water systems in the United States, listed in according to the bill amount for an average residential bill of 5,000 gallons a month for each 10 REGULAR MEETING MARCH 27, 2017 area. Flint, MI, at $910, is number one (1). Mr. Horvath stated, We are very fortunate where we are right now to have a really good water quality and to have staff that has kept it up, and kept it operating and made sure that it has been clean and safe for residents all this time. But you can see that our rates are four - hundred and eighty -eight (488) out of the five- hundred (500) largest systems in the United States. Mr. Horvath presented a list of the systems in Indiana that are also on the Food Watch list and made the top five - hundred (500) list. He stated, You can see that these are all significantly more than ours. Evansville was the lowest on the list and they're double what our rates are. Mr. Horvath presented another slide detailing a study done by the Indiana Finance Authority that was completed in November, 2016. He stated, You can see here that of all the utilities surveyed there are about $7.95 per 1,000 gallons for their water rates. Of the very large users, about $7 per 1,000 gallons. South Bend is at $2.21 per 1,000 gallons. With the two (2) rate increases that we are talking about today, South Bend will be at $3.29 per 1,000 gallons, which is still two (2) times less than the other very large users. Mr. Horvath presented a slide showing data comparing cities to South Bend that are more similar in size to it. He then presented a slide of the six (6) year plan. He stated, Within a six (6) year period, you can see that we are going to generate about $22,500,00 from rates. We will have an operation and maintenance shortfall of about $7,800,000. Vehicle replacement needs is about $3,000,000. Water meter replacement — replaced on a fifteen (15) year cycle —will be $4,800,000. That leaves about $9,000,000 remaining from the money generated from rate to put into the other capital needs —a lot of the stuff you just saw in pictures. In addition to that —this is the first three (3) years, as I've mentioned —we'll use about $6,600,000, from the south side TIF and the river west TIF, to help meet that gap and to get us through the phasing so that we can still meet some of the critical needs that we have for the Utility. Mr. Horvath presented another slide, stating, I won't go through these. These show a little more detail about what we are going to do on a year -by -year basis. The very first year is to redo the south well field. It is critical for us, because we have one (1) source of water for the south area of town, right now. It's really vulnerable right now. If this goes down, we are going to be in trouble. We are going to build a water main and enhance the facility in the south and then decommission Erskine, because Erskine has high nitrates. Right now, we still have it active but we don't use it. Just in case there's an emergency and we don't have water, we would activate it, even though it's going to have high nitrates. Mr. Horvath presented another slide, stating, There's the overview. I think you guys saw the original plan. Mr. Horvath stated that the needs of the Utility was $88,000,000 in the original plan. He stated, We went back and spent a lot of time with staff and with Arcadus looking at this and coming up a with a plan that reflected the really critical stuff, and we got to a point where we felt like we would be comfortable with continuing to make sure that we could provide clean and safe drinking water for South Bend with $23,000,000 in capital improvements. Those are all listed out, and you can see which ones aren't on the list, which we will be doing on subsequent phases. Large ones were water main replacements as well as a couple of elevated tanks. Instead of doing elevated tanks, we are going to keep with the operation scheme that they have set up current, and we will do some of the pumps in booster stations and try to make sure that some of these booster stations are up to speed and that our ground service tanks are in good shape. Councilmember Dr. David Varner asked Mr. Horvath to return to a previous slide that listed the dollar summary of the plan and leave the slide on- display for the duration of the discussion. Councilmember Dr. Varner asked, Beginning in the year 2020, what is the funding shortfall that you see as needs? Because there is only going to be —I think you said — $9,000,000 available. How many more dollars are we talking about on an annual basis that's going to be needed, beginning after 2019, to fund the program that you deem necessary? Mr. Horvath responded that they looked at the most critical needs for the next five (5) years. Based on those critical needs, they determined a fully funded plan. He stated that there would be $1,700,000 left for capital if all the numbers were extrapolated to 2023. Councilmember Dr. Varner asked, Is that adequate to meet your $66,000,000 balance, going forward? 11 REGULAR MEETING MARCH 27, 2017 Mr. Horvath responded, No, but in all honesty, we would update the plan. We will look at this in three (3) or four (4) years, and then we'll sit back down and do a whole other update, and we will do interim ones inbetween. I can pretend like we've got the greatest plan ever, and that we know that everything is going to fail, but it won't fail like we think it will. I feel that this does meet the critical needs over the next five (5) to six (6) years. Councilmember Dr. Varner asked, Recognizing that you still expect that there will be another $66,000,000 of improvements that need to be made, assuming that Arcadus was accurate in their assessments —so beginning in year six (6)...? Mr. Horvath responded, And there may be additional stuff that comes online by that time - Councilmember Dr. Varner interjected, I think that's one of the concerns that we both have — Mr. Horvath interjected, Trust me: if we won the lottery tomorrow, and there was $100,000,000, I guarantee my staff could find good places to put that money into your water utility. Councilmember Dr. Varner asked, Would it be fair to say, then, that if we utilized this —which is probably the best summary that we've had so far —that there does not appear to be a need for an additional rate increase after the six (6) years? Mr. Horvath responded, I believe these are the most critical needs, right now. Councilmember Dr. Varner asked, Do you expect this to fund us for six (6) years? Mr. Horvath responded, Yes, however, we're not replacing very many water mains, we're not replacing any hydrants, we're not replacing MVa valves. There's a lot of unfunded stuff that if you've got the ability to fund, it's going to have a need. Councilmember Dr. Varner asked, What are our options to fund those? Mr. Horvath responded, Due to operation maintenance, we do have funds available. Honestly, we will fix it when it breaks. Councilmember Dr. Varner stated, I have a great deal of confidence in the abilities of the Engineering and Public Works Departments to manage the necessary deals. That is the nature of my questions. I do, however, know that we will be looking at some sort of sewer increases in the not - too - distant future related to the CSO project, even if it improves. When we talk to our constituents, if there is consideration of a forty -three percent (43 %), under some circumstances, I'd like to be able to say, with confidence, that this is the last time we look at this for six (6) years, because we looked at everything in detail very thoroughly and we believe that we can make this plan work as proposed. Mr. Horvath stated, This will meet the most critical needs we have over the next six (6) years, under current conditions. Councilmember Oliver Davis asked Mr. Horvath what year Public Works first informed the Administration that the water infrastructure needed so many improvements. Mr. Horvath responded, It's been roughly five (5) years. We started looking at the operations and we recognized that we had needs. We had needs everywhere, and we've talked about a lot of those needs. The one that was most prevalent and in our face was the need to increase the waste water rates, which we went through, because of a consent decree that was signed that cost $500,000,000, but in today's dollars that was $750,000,000. Significantly more than what we're talking about here. Mr. Horvath explained that they tried to find a way to keep water rates as cheap as possible for water customers and hold off on a rate increase for as long as possible. In the first two (2) years, they looked at the City's pumping facilities and looked at the cost of pumping water at each of the facilities to determine whether certain ones should be decommissioned or not. After that, they conducted this study, and after that a rate increase on capital needs. He stated that the issue wasn't quite critical before because the City wasn't at 40,000 gallons. Now, there are critical needs. Councilmember Davis stated that John Julien of Umbaugh and Associates, in his breakdown of the financial challenges facing the City regarding the water utility, used the term "illegal" in 12 REGULAR MEETING MARCH 27, 2017 reference to the City enacting a plan that does not fit its needs. Councilmember Davis asked Mr. Julien to clarify that point for him. John Julien, Umbaugh and Associates, 112 Ironworks Avenue, Mishawaka, IN, responded, After you've completed your process here, we go before the IURC in the hearing format and present evidence in support of the rates that are reflected in the ordinance. The IURC will judge that evidence in accordance with State statute. In the statute, it specifies that rates that are set at levels below the identified cost are in fact illegal rates. That was the basis of my comment at the committee meeting this afternoon. Mr. Julien explained that though he could not predict how the IURC would rule on the issue, the idea is that if they see that the City's water rates are too low to appropriately fund necessary capital improvements, that would open the door to allowing a rate increase. He stated, My experience tells me that they will probably defer to your judgment as to scheduling the capital improvements that go beyond what can be paid for from the rates of charges that are in the ordinance until a later period. Councilmember Davis asked Mr. Julien to explain the matter further. Mr. Julien responded, It's my experience that if the Administration and the Council is willing to defer investment in the capital that has been identified as needed until a later period, they will support that decision. If their staff strongly disagrees with what has been identified as the critical capital over the next six (6) years, and feels that was is critical goes beyond what has been proposed, they could order you to implement rates that are higher than what has been requested. Councilmember Davis asked, So, basically, in their deferment, if we present a plan that spreads out our increases to cover these kinds of needs — higher up- front, but spread out over time —then, you just shared that they probably could defer to our judgment regarding that? Mr. Julien responded, In the phasing plan that the City is proposing, it's not focusing on deferring investment in those capital needs, it's deferring in the portion that's going to be paid by the rate -payer by substituting rate -payer dollars with TIF dollars. So, it's not as if the City has identified these critical needs and pushed those critical needs out past the six (6) year timeframe. It says that we're going to address these planned six (6) year critical needs. We're going to use a combination of water repair revenues and TIF revenues to meet those needs. Councilmember Davis asked, Since, we have identified the critical needs for the next six (6) years, that's probably what they will not have an issue with. You're saying now that they may have an issue with how we fund the six (6) years? Is that correct? Mr. Julien responded, That is part of what they're going to judge. The fact that your plan is to utilize TIF dollars will be something that they're going to judge. Councilmember Davis laid out a hypothetical arrangement by which there would be more than two (2) rate increases, so that each increase would be smaller. Mr. Julien, What are your thoughts? Mr. Julien responded, My thoughts are that the commission would ask, "How can you balance out what you've identified as your legal requirements with the revenues that will be generated from that phased increase ?" You would have to have a definitive plan to eliminate that gap. Councilmember Davis asked, And if we can come up with a definitive plan through the finances, through the TIF, there is a good chance that they may consider it? Mr. Julien responded, Again, you would have to present that as part of the evidence and they would weigh that evidence as they'll weigh all the other facts presented in the hearing. Councilmember Davis gave the analogy of a car or house payment where spreading the payment period over a greater number of years means that each individual payment will cost less for the payer. He asked Mr. Julien if, in his experience, he had seen other cities pay over six (6) years instead of two (2). Mr. Julien responded, Well, this is a different concept, though. What we talked about is that you are presenting the case to the IURC, "This is our annual need and cost. This is the target we have to pay for each year to keep the utility functioning." In a typical scenario, that revenue would be 13 REGULAR MEETING MARCH 27, 201 met entirely by user fees paid by the water customer. In this phasing concept, in that period where the rates are lower, the City is injecting non -water revenues to eliminate that gap. Councilmember Davis asked, Which is the TIF part we're looking at? Mr. Julien responded, Correct. Councilmember Davis asked, If the TIF is eliminated, then if we go back to the original plan the TIF was in, we would have some issues regarding them being able to justify what we could do at that time? Mr. Julien responded, Yes. Without having that substitute revenue coming in from the TIF, the rates would have to be that full amount that would be in place for the second phase. Councilmember Karen White asked Mr. Horvath to share with the public the suggestions sent from the Council to the Administration regarding capital improvement needs. She also asked him to share the details of the decision that was made regarding the two (2) TIF districts that will be supporting the rate increase. Councilmember White stated, This is the first time that we have utilized TIF as a means of supporting this particular initiative. Mr. Horvath responded, There is a difference between communities that are governed by the IURC and those that aren't, because if you are not governed by the IURC, it's all local control. It makes it a lot easier to have phased -in rates. Mr. Horvath explained that in such a situation, the City does not have to go to the IURC to prove each year that it needs another rate increase. He continued, stating that using TIF for infrastructure is appropriate, in this case, as it allows the City to meet a short-term gap. He stated, In particular, we see that the best use for TIF is when you're using it to build infrastructure to support economic development needs in the City, especially when you get new development opportunities. We don't want it to take the place of creating sustainable rates for enterprise funds that should, on their own, be based on a cost - service basis. That is what we theoretically try to do as best as we can. Mr. Horvath moved on to the subject of how the TIF decision was made, stating, When the Council asked us to use TIF, we decided to use that for the gap —the phase -in. First thing we did was to go back to the map and looked at where these needs were and how they fit into TIF areas. I was trying to make sure that these were right in or immediately adjacent to the TIF area. The TIF areas don't cover the whole City they cover a portion of our City —so you're still going to have needs outside of that. Ten percent (10 %) of customers are outside of the City. They would be benefiting from TIF dollars that they would not be paying into, as well as anyone else who is not in those TIF districts. That is not an issue, but it is a consideration. You're essentially subsidizing the County residents' rates by using City TIF dollars, if you use TIF as a funding source. Councilmember Tim Scott stated that he was generally in agreement with Councilmember Davis but asked if spreading the payments out too thin would mean that each year would bring in too little revenue to meet critical needs. Mr. Horvath responded that the City would not get ahead, and that it would take a number of years before it could address any critical needs if per -year revenue is too low. Councilmember Davis followed up, stating, But the issue that we have is that your desire is to not use TIF as a subsidy. Councilmember Davis stated that relying on the TIF now means that, when it is no longer being used in the future, rate - payers would have to potentially deal with another rate increase to make up for the absence of TIF. Mr. Horvath responded, Maybe I should have said that it would be a short-term rate subsidy, but I don't think it's appropriate to be a long -term rate subsidy. Short-term means we do things to meet needs. Having said that, nowhere have we ever said, "We're never going to use TIF again for water." Let's be clear about that. All we're doing right now is showing the plan for these critical capital needs, and we allocated a certain amount to rates and a certain amount to TIF, and we built a plan that would be a funded plan where the sources of needs would not jump. He stated that if the City approved of a new development for which it must pay $1,000,000 in running water, "we can make those decisions in the future to use TIF dollars for water." He stated that the plan was a result of trying to compromise with the needs of some of the Councilmembers who wanted to see TIF dollars used along with a phased -in rate. 14 REGULAR MEETING MARCH 27, 2017 Councilmember Davis stated that he was one (1) of the Councilmembers who asked for the use of TIF dollars. He explained that his concern was that what is being proposed places too much of a burden on rate - payers too quickly in an effort to fix too many problems in too short a span of time. He stated that he would be more at -peace if a plan were proposed to the IURC that would be easier on rate - payers and would span a greater number of years with smaller revenue levels per year. He asked, Is there anymore consideration regarding that? Mr. Horvath responded, I don't control TIF dollars, nor does the Council, nor does the Mayor. The Redevelopment Commission is the one who is going to make the ultimate decision regarding TIF dollars. So, to the degree that we want a plan that Voorde is going to pay for your roof to be fixed, we better have some insurance from John that he's going to pay for your roof. And as those things change and time goes on, there's less and less certainty, right? People are less willing to make long -term commitments on something like that when they don't know the future. Councilmember Davis responded, You make a wonderful point. Councilmember Davis addressed Mr. Horvath's point about the Redevelopment Commission, stating, for the record, that the Mayor makes up three (3) out of the five (5) appointees on the Commission and the Council makes up the other two (2), while the School Board has a non - voting member. He explained that if the Council voted to pass the bill in question and the Redevelopment Commission decided to deny the use of TIF dollars, then the way that the City intended to fund the plan would disappear. This would leave the City and its residents with only the twenty -two percent (22 %) and forty -three percent (43 %) rate increases to work with. Councilmember Davis stated, So, my thought is, in the mean time, between now and April— because there will be another Redevelopment meeting in April —is to have some letter of insurance that if the South Bend Common Council chooses to use TIF, whether it's for two (2) years or five (5) years, that the Redevelopment Commission is going to vote for that, and that they are willing to support the Council with that. Our vote without that is doomed. Exactly what you said about John: making a plan without his approval. Mr. Horvath responded, My thoughts are that if you're willing to fund the difference on TIF, then we wouldn't be talking about this right now, and we should just raise the rates to meet the needs of the utility. Period. Councilmember Oliver Davis responded, No, that's not the essence of it. That's the — Mr. Horvath interjected, No, I'm just saying that if we don't want to use TIF, we don't need to use TIF. We came into this conversation with the intent to keep the rates what they should be, but we tried to use them because we were asked by the Council to compromise. And that's what we have done. Councilmember Davis responded, And I agree with that. But, with all due respect, I was one of the ones who asked for that. We put it in the plan—and I thank you for that. But we haven't gotten a consensus from the Redevelopment Commission that they will be willing to support that. Mr. Horvath responded, And we will take that forward to the Redevelopment Commission, as we do other projects. We are not going to bring projects three (3) years out to the Redevelopment Commission. Mr. Julien, addressing Councilmember Davis, stated, The subject you're bringing up with that line of questioning ties in very closely to the fact that the IURC is going to sit in judgment of what's ... if, at the time the evidence is presented to the Commission, they don't feel that the commitment of that revenue is substantial and sustainable over the three (3) year timeframe, and they agree that you need the revenues to run utility, they are going to order to implement the rates higher than the ordinance that's presented. Councilmember Regina Williams- Preston thanked Mr. Horvath for taking the concerns of the residents who expressed that they could not take another utility rate hike and trying to find a solution to that problem. Councilmember Williams- Preston stated that she did not think it was helpful to think of the TIF as a rate subsidy. She stated that it might be better to look at the $88,000,000 as "something we have to make up for because of a bad judgment, or financial or economic circumstances." She stated, So, rather than, in my mind, looking at it as a rate subsidy 15 REGULAR MEETING MARCH 27, 2017 over time, it's more about how are we going to fix this? The only thing I'm really concerned about is when you said at the beginning, "We're kind of in a mode where we're going to have to fix it when it breaks." I thought you were just kind of saying it, but can you help me understand that? Because that scares me a little bit. We don't want to find out that a water hydrant is not working when my house is burning down, right? Mr. Horvath responded that fire hydrants are tested every year, though he clarified that this does not mean that the Fire Department will never find a hydrant that does not work. He stated, I don't want you nervous about a bunch of stuff breaking down. Our nature of business is that we do have a lot of that. We do over a hundred (100) repairs for homeowners. In addition, we do a number of main breaks every year. We have a crew that just specializes in that. There's a point at which you can't keep up if you continue to let your assets go, so it's not a good program to be in. I'd much rather be on a preventive means program, in the mode of replacing things when you have a good indication that they have a high risk of failure and before they actually fail. But we are not there yet, and we won't be for the next couple of years. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor of this bill: Steve Francis, 2025 Edison Road, South Bend, IN, stated as a representative of the Sierra Club he supports the need to deal with this issue. He stated that somebody in the community needs to stand up and say, "We need to pay for a system that works —not just patch it together or kick the can down the road." He stated that he understands customer apprehension toward rising rates, but that the situation for South Bend residents could get much worse if the problem is not addressed appropriately. He stated, Personally, I think the TIF thing is just a can of worms. I understand you want to go and use that. I think the IURC probably won't have problems with it. I will help with my membership. He stated that the residents of South Bend must stand up and recognize that the Council must make a difficult decision, that the Council needs support to do so, and that residents should ask them to make the decision now. Antonius Northern, 234 Rue Flambeau, South Bend, IN, stated, You have to start to look toward some of the other resources that you have inside of this community. We are giving you our tax dollars, but we are also giving you our children, and you're not outfitting them with the skillsets necessary to actually keep this community afloat. You have to start thinking outside of the box here, guys. What this honestly feels like is if we don't pay these rate increases, we don't get quality water. Mr. Northern expressed outrage at the contrast between the fact that Mayor Buttigieg —in an interview — stated that South Bend does not have serious water problems, and the images shown by Mr. Horvath of various aspects of the utility system in states of disrepair. He stated, I don't know why no one is outraged by this. When asked by Councilmember Gavin Ferlic if his statement was still in favor of the bill, Mr. Antonius responded, Yes. Jesse Davis, P.O. Box 10205, South Bend, IN, stated that he was in favor of clean water, but he took issue with the fact he had heard that forty percent (40 %) or more of the City was made of TIF districts. Mr. Davis stated, Which meant that you stole forty percent (40 %) of our tax dollars that used to go toward the general fund to pay for streets, sewer, water, police, and you took that and you put it in what we call a "slush fund." We put it in a slush fund tangled in the Redevelopment Commission that you people really have no say in. That TIF has turned into a huge, huge problem. That's why you don't have the money to fix this infrastructure, because you took forty percent (40 %) of your money and you gave it away. Mr. Davis stated that the Council, in approving too many tax abatements for too many developments, has killed the City's tax base. He concluded, stating, I'm totally for having clean water, and if we need a rate increase, that's fine. But if they handled these tax dollars better and they handled the situation better, you wouldn't need these huge increases. Period. Those wishing to speak in opposition: Sharon Banicki, 3822 Ford Street, South Bend, IN, stated that the issue was particularly problematic for the elderly who are on a fixed income. Ms. Banicki stated, $900 a month in Social Security. Out of that $900 a month, they have to buy their food, make a car payment or T� REGULAR MEETING MARCH 27, 2017 rent payment. Medical bills, doctor's bills. Last year there was the trash increase. Plus, if you wanted your yard waste picked up, you're now in a mandatory yard waste pay -in. We've got that, then you have the sewer before that —and we know the sewers are just going to keep going up because you're under a federal mandate that keeps getting pushed back onto a backburner, but it's there. Now, you come here for this. Five (5) years ago, this needed to be done. Three (3) years ago, the Mayor came to you and said, "The City's doing great. Give me $25,000,000 for Smart Streets." Gee: $25,000,000 for Smart Streets, or $23,000,000 to fix the water? Ms. Banicki stated that in all the discussion about the infrastructure, nothing has been said about lead content in the water. She stated, Forty percent (40 %) poverty rating in the City: $1 is too much to ask until you can prove to them that you're really diligent with their money, and you have not been good stewards with their money. Jerry Niezgodski, 1113 Elliott Street, South Bend, IN, stated that he does not know if he is against the bill as much as he wants to see it tabled. He stated that he recognizes that there is a need, and that rates would inevitably have to be raised at some point. He stated that he would like to see the Council, the Redevelopment Commission, and the Mayor discuss further the use of TIF money. He asked, If one of these stations or one of these areas serves water to a TIF district would it not qualify for TIF money? He asked if money from a TIF district like Eddy Street Commons can be used to repair a pumping station that is outside of the TIF district but serves the TIF district. He asked, I'm the first person to say let's repair this as soon as we can, but do we need to raise the rates now at the rate we want to? Have we exhausted all of our alternatives — including the TIF— before we do that? Anything you guys can do to help the rate- payers would be greatly appreciated. Mr. Horvath returned to the podium for a rebuttal. He stated that he wanted to assure the public that South Bend has good water quality. He explained that water only comes in contact with lead when it reaches pipes, which may be made of lead, in certain homes. He stated, The way our water is, it's slightly scalable. We look at three (3) different indexes that we track on water. We are essentially trying to make sure that it will continue to coat the pipes slightly so that you don't get as much leeching of lead and copper in your system. So, we're very fortunate for having that water quality. Mr. Horvath added that South Bend's water meets the EPA's lead and copper standards, going on to say that there is a lead problem with paint in the home, but that HIPPA laws make it difficult to find out what children have been affected by lead poisoning. He stated, We have offered that we will test water in homes where people have children that have been poisoned by lead, just to give an insurance that it is not the water. We've done some of that and haven't had any that involves that action level. He explained that a pamphlet is being packaged with the next water bill for South Bend residents that explains the problem and how to mitigate it. Councilmember Karen White stated that in looking at the water infrastructure problem, her concern was not to increase rates all at one time; to be mindful of the financial issues that residents have. She stated, Likewise, I have no difficulties looking at TIF. Anything that we can do to minimize our rate increase on our citizens I think is work well done. She stated that she had no issues with continuing the conversation, but only until April 10`h 2017. Councilmember Tim Scott stated that he has seen what failed water and sewer systems look like, that South Bend's water infrastructure has gone too long without appropriate maintenance, and that he did not want to see those failures he has seen in other cities happen to South Bend. Councilmember Scott stated that the sins of the past must be paid for now so that the future does not have to bear that burden. He stated that he was ready to vote as soon as possible. Councilmember John Voorde stated that the matter needs to be voted on this evening. Councilmember Voorde agreed with Mr. Niezgodski who stated that the ordinance is not asking for enough money. He stated, A lot of these capital needs are long overdue and need to be addressed —not in one fell swoop. But we certainly want to compliment the Administration for their willingness to come up with a modified rate increase, which is before us tonight. When the time comes that we can accept the recommendation, that's what I will recommend. Councilmember Oliver Davis stated that he appreciates Mr. Horvath's closing statement, because the images shown in his presentation suggested that the water quality in South Bend is not good. 17 REGULAR MEETING MARCH 27, 2017 Councilmember Davis stated the size of the problem was frightening. He stated that asking for another meeting to discuss the matter is not irresponsible but necessary to clear things up so that the City, in the future, does not have to reverse decisions made now. He added that he would like to see the Mayor speak on the water problem at the State of the City Address before the Council voted on it. Councilmember Gavin Ferlic thanked the Council and Administration for exploring the use of TIF funds. Councilmember Ferlic stated that he advocates for a vote tonight and that he would continue to advocate for the use of TIF funds for infrastructural improvement in the future. Councilmember Dr. David Varner stated he does not think that South Bend should aspire to be one of the cities with the highest water rate, as that would put it at a disadvantage. Councilmember Dr. Varner stated, I don't want to see the beginnings of a process which makes us the equivalent of some of the cities listed. He stated that he is not sure that rates would be able to be increased again to cover the $66,000,000 shortfall after the proposed plan, and stated that there would probably need to be a use of TIF funds. As a member of the Redevelopment Commission, he stated that he has and will advocate for the use of TIF funds for infrastructural improvement. He stated that regardless of when the votes take place, he agrees with those who state that some improvements can be made to how TIF dollars are spent in the long term. He stated, But I also agree that there needs to be an action by the Redevelopment Commission to take to the IURC which demonstrates that, in fact, there has been a commitment of X number of dollars, whatever that turns out to be. Councilmember Jo M. Broden stated, This is needed. It's well documented. Councilmember Broden stated that she is a convert to the use of TIF funds for infrastructure. She stated that she has concerns about the use of TIF funds, but that she understands the arguments in favor of it. She commended the Council and recognized the excellence of Mr. Horvath's staff. Councilmember Randy Kelly thanked Mr. Horvath for his cooperation during the construction of this bill and stated that it was time to have the courage to vote on it. Councilmember Regina Williams- Preston stated, Courage is important, but so is wisdom. Councilmember Williams- Preston stated that April 10th, 2017 is not too far away, and that she would like to see letters of commitment from the Redevelopment Commission. Given the three - hundred (300) day process that is required, she stated that she wants to get the decision right the first time, as it would make the process even longer if the request is denied by the IURC. She stated, I want to see, at the State of the City Address, the Mayor talking to the people and be a champion of this, because I think they need to see that he is a leader on this, that he is also asking for a water rate increase from the people who voted him in. Not only do we need this water rate increase, but I would also like a pledge from him to say yes, as the leader of this community; as the Mayor. Councilmember Oliver Davis made a motion to table Substitute Bill No. 66 -16 until April 10, 2017. Councilmember Dr. David Varner seconded the motion which failed by roll call vote of four (4) ayes and five (5) nays (Councilmembers Randy Kelly, Jo M. Broden, John Voorde, Gavin Ferlic, and Tim Scott). Councilmember Randy Kelly made a motion to send Substitute Bill No. 66 -16 to the full Council with a favorable recommendation. Councilmember John Voorde seconded the motion which carried by a roll call vote of five (5) ayes and four (4) nays (Councilmembers Regina Williams - Preston, Dr. David Varner, Oliver Davis, and Karen White). RISE AND REPORT Councilmember Karen White made a motion to rise and report to full Council. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING RECONVENED 18 REGULAR MEETING MARCH 27.2017 Councilmember Oliver Davis made a motion to take a five (5) minute recess. Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9) ayes. Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City building at 9:53 p.m. Council President Tim Scott presided with nine (9) members present. BILLS — THIRD READING 66 -16 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17, ARTICLES 4 AND 6 TO ADDRESS NEW WATER RATES AND CHARGES Councilmember Dr. David Varner made motion to accept Substitute Bill No. 66 -16. Councilmember Karen White seconded which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis made a motion to defeat Substitute Bill No. 66 -16. Councilmember Regina Williams- Preston seconded the motion which failed by a roll call vote of four (4) ayes and five (5) nays (Councilmembers Randy Kelly, Jo M. Broden, John Voorde, Gavin Ferlic, and Tim Scott). Councilmember Gavin Ferlic made a motion to pass Substitute Bill No. 66 -16. Councilmember Randy Kelly seconded the motion which carried by a roll call vote of five (5) ayes and four (4) nays (Councilmembers Regina Williams- Preston, Dr. David Varner, Oliver Davis, and Karen White). 10 -17 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1905 E. GOODSON COURT, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to pass Bill No. 10 -17. Councilmember Gavin Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes. I5 -17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2017 Councilmember Gavin Ferlic made a motion to pass Bill No. 15 -17. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 16 -17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2017 OF $143,000 FROM GENERAL FUND 3 ( #101), $225,347 FROM PARKS FUND ( #201), $200,000 FROM GIFT, DONATION, BEQUEST FUND (#217),$10,000 FROM CENTRAL SERVICES FUND ( #222), 19 REGULAR MEETING Ur.,W we WNWIMA $33,671 FROM EMERGENCY TELEPHONE SYSTEM FUND (#244),$8 FROM EXCESS WELFARE DISTRIBUTION FUND ( #252), $1,000,000 FROM LOIT 2016 SPECIAL DISTRIBUTION FUND (#257),$2,000,000 FROM LOCAL ROAD & BRIDGE MATCHING GRANT FUND (#265),$400,000 FROM EMS CAPITAL FUND ( #287), 137,000 FROM EMS OPERATIONS FUND (#288),$108,300 FROM COPS MORE GRANT FUND (#295),$150,000 FROM COUNTY OPTION INCOME TAX FUND (#404),$57,700 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND ( #408), $735,236 FROM SOUTH BEND REDEVELOPMENT AUTHORITY FUND ( #752), AND $250 FROM ERSKINE VILLAGE BOND FUND ( #758) Councilmember Oliver Davis made a motion to pass Bill No. 16 -17. Councilmember Gavin Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes. 17 -17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2017 OF $400,000 FROM SEWAGE WORKS DEPRECIATION FUND ( #642) AND $40,071 FROM 2011 SEWER BOND FUND ( #659) Councilmember Oliver Davis made a motion to pass Bill No. 17 -17. Councilmember Gavin Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTIONS 17 -15 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA STATE LEGISLATURE, OUR GOVERNOR AND ALL UNITED STATES SENATE AND CONGRESSIONAL REPRESENTATIVES OF THE PEOPLES OF INDIANA TO JOIN WITH OUR COMMUNITY AND PASS LEGISLATION TO KEEP GUNS OUT OF THE HANDS OF VIOLENT CRIMINALS, DOMESTIC ABUSERS AND SEVERELY MENTALLY ILL PERSONS BY CLOSING THE LOOPHOLES IN THE FEDERAL BACKGROUND CHECK SYSTEM AND STRENGTHENING STATE DOMESTIC VIOLENCE LAWS Councilmember Oliver Davis made a motion to accept Substitute Bill No. 17 -15. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Jo M. Broden, Chair of the Health and Public Safety Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Councilmember Gavin Ferlic, 1109 Duey Avenue, South Bend, IN, served as presenter of this bill. Councilmember Ferlic thanked the Council for feedback regarding the substitute version of 20 REGULAR MEETING MARCH 27, 2017 the bill in question then stated, I just want to remind everyone that this is a resolution simply asking the State legislature to consider dialogue to close the loopholes within our current system. Stephen Miller, 1705 Lowell Wood East, Mishawaka, IN, continued the presentation. He was joined at the podium by Joellen Miller, 1705 Lowell Wood East, Mishawaka, IN. Mr. Miller stated that the two (2) of them have lost loved ones to gun violence and have been telling their story and advocating for the implementation of stronger common sense laws that they feel do not violate the Second Amendment rights of gun owners, but can help others be free from gun violence. Mr. Miller stated that he received two (2) NRA medals for marksmanship at Scout Camp. A few years later, his family was informed that his brother had been killed by a gunshot blast to the chest. Mr. Miller stated that it took him years to adjust to the loss of his brother. Ms. Miller stated that two thirds (2/3) of suicides are carried out by the use of a firearm. The Millers believe that background checks can reduce the amount of deaths by suicides caused by firearms. Ms. Miller stated that their nephew, Christopher, was born nine (9) months after the death of Stephen's brother. She stated that, as a young child and young adult, he suffered from being bullied, which put him at -risk. He masked a deep depression with smiles and a kind demeanor. Ms. Miller stated, This resulted in him taking his life three (3) days before Christmas. He was barely out of his teens and he was a first year college student. We believe all life is precious. She stated that they also believe that this bill is one way to make a difference in the community while still affirming and supporting Second Amendment rights. Mr. Miller stated that Americans are twenty (20) times more likely to be murdered by the use of a gun than people in other developed countries. He asked, What does gun violence cost in dollars? The Pacific Institute for Research and Evaluation found that gun violence costs us Americans $229 billion each year. Behind this number is ninety -four (94) people killed each and over 33,000 people a year and over twice that many injured. Consider medical, legal, police work, loss of wages, loss to business and communities most affected. Domestic violence against women involving firearms is eleven (11) times more likely in the United States. When a firearm is involved in domestic situations, a woman is five (5) times more likely to be murdered. Although we hear more in the news about how the mass shootings in schools involve the majority of mass shooting, actually the majority of mass shootings involve domestic violence. Background checks have prevented 2,300,000 sales to those who cannot legally possess a firearm. However, millions of guns are exchanged in private transfers without a background check at gun shows and on the internet. Background checks save lives. In the states that have expanded their background checks, forty -seven percent (47 %) fewer women are shot to death by partners, fifty -three percent (53 %) fewer police officers are killed with handguns, forty percent (40 %) fewer suicides by gun occur, and there is forty-eight percent (48 %) less gun traffic. For a negative example of how a state fares without background checks, let's look at Missouri. In 2007, Missouri eliminated its gun permit system, and thus background checks to go with it. A variety of data show that the gun trafficking and homicides have increased due to this policy change. Repealing the background check increased crime gun trafficking in Missouri. Missouri also saw a rise in gun homicides after the repeal of the background check requirement. Mr. Miller stated, After the massacre of twenty (20) children and six (6) educators in 2013 at the Sandy Hook Elementary in Newtown, CT, we personally reached out to Mayors Against Illegal Guns, which Mayor Pete belongs to. Later, Mayors Against Illegal Guns merged with Moms Demand Action and became Everytown For Gun Safety. The gun violence prevention movement now has over 3,000,000 active members. Moms Demand Action began when a Zionsville, IN mom started a Facebook page in response to Sandy Hook that immediately went viral and became a major force in the movement. In President Obama's State of the Union Address that followed just after Sandy Hook, the President announced that he would make gun violence prevention a priority. Out of the President's proposals came a fairly modest bipartisan Senate bill that expanded background checks to cover gun shows and internet sales, with exclusions for most personal sales. It had a majority of support but was defeated by a vote filibuster. After that, the movement turned to the states where we have made some significant progress. There are actually about twenty -one (21) states, since Nevada recently did a ballot initiative expanding their background checks universally. Even conservative states like Wisconsin and Louisiana have passed domestic violence and stalker laws that do more to protect women from gun 21 REGULAR MEETING MARCH 27, 2017 violence. We have stopped some seven (7) states from passing guns -on- campus and campus - carry laws. Very significantly, Moms Demand Action began a Be Smart campaign, now endorsed by the national EPA. Mr. Miller stated, This brings us back to South Bend. On April 9th, 2014, Joellen and I watched in sadness the devastating news of a two (2) year old shot near the Triangle. Joellen saw outraged Councilman Dr. Fred Ferlic on the report, who lived near where the shooting happened. We reached out to Dr. Ferlic, and his idea for a Common Council resolution began. Our idea is to bring leaders together and demand our legislators pass common sense gun laws that also protect the Second Amendment. As an example, Indiana accounts for nineteen percent (19 %) of all crime guns in Chicago. Sixty percent (60 %) of the guns that end up being used in crimes in Chicago come from outside of Chicago. We now know that Indiana supplies nineteen percent (19 %) of those guns, as well as other states with weaker gun laws. WGN reported on a person who came down to Indiana and filled his trunk with cheap guns from our gun shows and took those guns to Chicago to sell. He was also convicted of other trafficking charges. To end my presentation, I wanted to thank all my coalition members that are here for their support of the South Bend gun safety resolution. I'm going to name some of those supporters: Mayor Pete Buttigieg; Chief of Police Scott Ruszkowski; Dr. Kenneth Spells, Superintendent of Schools; Bishop Douglas Sparks, Bishop of the Episcopal Diocese of Northern Indiana; Bobbie Woods of Mamas Against Violence; Notre Dame Students Against Gun Violence, part of the South Bend GDI program; Sinai Synagogue; the Center of Peace and Nonviolence; Kern Road Mennonite Church; Everytown for Gun Safety; Moms Demand Action; and Michiana Peace and Justice Coalition. Dr. Fred Ferlic, 1128 Georgiana Street, South Bend, IN, continued the presentation. Dr. Ferlic stated, As a physician that has treated gunshot victims for over forty (40) years, I can't tell you how devastating it is. Just in USA Today, the headline is "American Wonders `Where Can I Be Safe ? "' about last weekend's shootings in multiple states. I would ask that the Council pass this resolution so we can send it down- state, so hopefully our State legislature can be the twenty -first (21) state to pass background checks. Councilmember Dr. David Varner asked if the resolution had been read. As it had not been, Councilmember Gavin Ferlic read a portion of the resolution to the Council and public. Councilmember Oliver Davis asked, What is your strategy, once this is —let's say — favorably passed tonight, for it to have a greater impact in Indianapolis? When will that be heard this year at all, or are we talking 2018? If we are targeting 2018, what's going to be the strategy between now and then, regarding meeting with our State delegation? Recognizing the fact that we do have a Republican government, we do have a Republic legislature, how can we walk that through? Because it's going to take not only a Democrat person to do it, it's going to take some of the Republican leadership. Dr. Ferlic responded, That's a great question, and probably unanswerable, Oliver. We talked to John Broden, who is much more knowledgeable on State legislature than we are, and he gave us advice last fall on it. We would like our representatives here in South Bend to carry this down, but also Mayor Pete to be involved with the other mayors around the State. The Mayor of Bloomington is sympathetic to this, as a resolution. There are many mayors that are very concerned about this issue. Part of it will be the Council's responsibility of getting our State representatives to take it down- state, and then the rest will fall on Mayor Pete's back to take it to other mayors. And once it gets down to State legislatures —Jo will tell you —it's a whole different ball game. I don't have that legislative experience, but we do have an organization— Stephen can tell you about it— called Everytown, founded by Mayor Bloomberg. That's a bipartisan commission. Councilmember Davis stated that he agreed with the statements made by Dr. Ferlic, adding that this was why he wanted to know what the initial strategy would be. Mr. Miller stated, I'm not a policy expert or a politician, but Everytown for Gun Safety want to see this fostered by other Indiana cities, as well. We will form a more concerted effort to bring to attention this issue to our State legislature in the hopes that there may be an opening at some point to consider these measures in the resolution. 22 REGULAR MEETING MARCH 27, 2017 Councilmember Davis asked, Where are we regarding the State delegation? Have you reached out to them? Where do they stand? How willing are they to champion this cause, in your own correspondence with them, whether Democrat or Republican? Mr. Miller responded, I'm not sure about what all the numbers are, in terms of who might be in favor or not in favor of it. That ultimately will be determined by people who will take this into the State House. Councilmember Gavin Ferlic stated, I think the idea is that Everytown is going to build consensus around the State for a number of communities passing similar resolutions, and then execute more of a conservative strategy to work with different State legislators, State senators. Councilmember Davis asked, So, your goal now is not necessarily to go straight to the State House? Councilmember Ferlic responded, Exactly. Councilmember Dr. Varner stated, So, this is why I asked that the resolution be read. With regard to federal firearms law, background checks are required for handguns, not for every gun. We addressed one (1) line of the resolution and removed one (1) paragraph, I believe it was. The modified resolution —it's only a page—it ought to be read so that everyone who is sitting here knows what's in the resolution. Unless they got the packet, they don't know what's in it. A member of the public called for a point of order, but Council President Tim Scott denied him, stating that this was the time set aside for Councilmembers to ask questions of the presenters of the bill. He enumerated the rules of the proceedings and asked that everyone be silent as Councilmembers asked their questions. He then gave the floor back to Councilmember Dr. David Varner. Councilmember Ferlic apologized for misunderstanding Councilmember Dr. Varner regarding the reading of the resolution. Councilmember Ferlic proceeded to read the entirety of the resolution for the Council and public. Councilmember Dr. Varner asked, So, I guess the question I was getting at was: the resolution, as it's written, is suggesting background checks on every firearm? Mr. Miller responded, Yeah. Dr. Ferlic responded, Any sale of a firearm. Mr. Miller continued stating that in a compromise bill —which is not what they are proposing — what the State does could have exclusions to it. Councilmember Dr. Varner responded, But that statement isn't in the resolution. Mr. Miller responded, I'm just telling you what typically happens. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor of this bill: Jan Brown, 1213 Humboldt Street, South Bend, IN, stated that she has been a resident of the near northwest neighborhood for thirty -five (35) years, and that prior to retirement she worked as a psychiatric social worker in the community. Ms. Brown stated that she has seen students be the victims and perpetrators of gun violence. She stated that guns are too easily available to young people and people who are in bad mental shape. She recounted an anecdote of a young girl who witnessed her mother getting shot in the face by her boyfriend. Ms. Brown asserted that if the man had not had a gun there was still the possibility that he may have found a way to kill the woman—but guns make it easier to do. Douglas Sparks, 5188 Water's Edge Court, South Bend, IN, stated that he serves as the Episcopal Bishop of the Diocese of Northern Indiana. Bishop Sparks stated he is honored to be a part of one of the largest ecclesiastical group against gun violence in the nation, Bishops Against Gun Violence, which has among its membership seventy -five (75) bishops nationwide. He 23 REGULAR MEETING MARCH 27, 2017 thanked Stephen and Joellen Miller as well as the Council for their courage in considering this resolution. He stated, It's a resolution that really encourages us to continue talking and invites us to consider how we might respond to the very real health risk that gun violence presents to each of us in our communities. He stated that he Episcopal church meets every three (3) years at their general convention, and at their most recent meeting in Salt Lake City, UT, they passed resolution C -005. Bishop Douglas read the resolution, which read, "The 78th General Convention urged all legislators at federal, state, and local levels to help decrease gun violence by implementing laws that: one (1), require permits to carry concealed weapons and criminal background checks for every gun purchase, including those made at gun shows." Bishop Douglas read the fourth (4th) part of the resolution, which read, "And increase penalties for those who engage in `straw purchases' of firearms for ineligible persons." He concluded by stating, I urge you to consider this resolution. Meredith Mackewicz, 376 Regina North Hall, Notre Dame, IN, stated that she is present on behalf of the Saint Mary's College Democrats who support this resolution. Ms. Mackewicz stated, I echo everything that those preceding me have said and I believe that as a Saint Mary's woman, I am called to address the statistics about the women that have been harmed or killed by gun violence, most often perpetrated by a domestic partner or stalker. As a victim of domestic violence and stalking, I'm strongly in favor of resolutions like this one, because I do not want anyone else to have to live in fear of their lives being taken by someone who should not be handling a weapon. I also believe, for those who are opposed, that it is important to reiterate that this resolution is to increase security and safety, not to take firearms away from those who are using them correctly according to our State's laws. Ann Price, 1049 Riverside Drive, South Bend, IN, stated that her house is in the Riverside Drive Local Historic District, an area that has always been a destination in the City for those who want to walk or look at the beautiful houses there. Ms. Price noted that there have been three (3) fatal shootings recently in the neighborhood, and she stated that she supports this bill because she wants people —not just in her neighborhood to be able to feel safe. Liam Dalton, 111 Sorin Hall, Notre Dame, IN, stated that he is one of the co- founders of a new gun violence prevention club at Notre Dame called the Students Against Gun Violence Club. Mr. Dalton stated that the club strongly supports universal background checks. He stated that this resolution was not the end goal but an important first step. He stated, Our group will continue to work with communities in Indiana to push for background checks legislation and make clear to gun owners and gun rights proponents alike that background checks actually defend rights and do not infringe on them. Every Hoosier should have the right to walk down the street free of fear. Every domestic violence survivor should have the right to feel peace of mind that their abuser will not return one day with a weapon. Every student has the right to go to school and feel safe. Every single resident of this State has the right to life. That is why we are proud to present a petition complete with one - hundred and sixty -eight (16 8) signatures of support for this resolution. One - hundred and twenty -five (125) students signed the petition along with thirty -five (35) faculty and staff. Mr. Dalton stated that the right strategies to achieve peace from gun violence will be found. He stated, We are going to be able to reach across the aisle because we know that when there are safer gun laws, business is better, the economy is better, law enforcement officials are safer. Those are two (2) constituencies that are very important to Republicans and those are two (2) constituencies that are very important to Democrats. The people who this affects are both Republicans and Democrats. Ronaldo Hernandez, 702 East South Street, South Bend, IN, stated that he was pleased to hear the words of Ms. Mackewicz and Mr. Dalton, adding that they—or others like them —will be the ones to take the reins of power. Mr. Hernandez stated, We don't need to wait until they assume the reins of power. We who hold the reins of power now need to take the steps to make our communities safer by making it harder for people who should not have guns to have guns. We don't need to wait, because if not now, when? If not us, who? If not here, where? It has to start somewhere, and this is the place to start. Please vote for this resolution. Amina Stark, 50855 Cherry Road, Granger, IN, stated that she speaks on behalf of the Islamic Society of Michiana as well as her family. Ms. Stark recounted events surrounding gun violence that she had witnessed in her old neighborhood. She stated, I had to save my family. A lot of 24 REGULAR MEETING MARCH 27, 2017 people can't, because they don't have the option to move from their once beloved neighborhoods that are turning into crime areas. So, I —and we, as the Islamic Society of Michiana-- definitely do support this ordinance for the safety of all. Those wishing to speak in opposition to this bill: Leonard Grummell, with a business at 2402 South Michigan Street, South Bend, IN, stated that he is retired military, a former South Bend police officer, and a retired gun dealer. Mr. Grummell stated that he does not disagree with the basic tenets of the bill, but that he was present to "set straight the half - truths, the untruths, and the misconceptions that the people who have written this resolution do not understand —one (1), the law; two (2), honor; three (3), integrity." He had copies of the federal firearms Form 44 -73. He stated that this form, six (6) pages in length, must be filled out by anyone attempting to purchase a firearm in the State of Indiana. It is also the same form that must be filled out at gun shows by any federally licensed firearm dealer. He stated, There is no gun show loophole. You've been lied to and misled. He stated that, according to federal law, at a gun show he cannot sell a firearm to anyone who lives outside of the State of Indiana; that the purchaser must present a valid photo ID; that he must determine whether or not the purchaser is a convicted felon by asking the purchaser for their Indiana license to carry. He stated that Indiana has the highest percentage of gun owners of any state and has the lowest crime right of any state east of the Mississippi River. He stated, When you write this resolution, you're saying half - truths and —I don't like to say it, but most of it is lies purported by Michael Bloomberg. Everytown for Gun Safety is not for gun safety. Mr. Grummell stated that Everytown is aiming to take guns away from legal gun owners such as himself. He asserted that a gun -free zone, such as the County -City Building, is not an inherently safe place. He stated that most gun violence is perpetrated by drug dealers and gang members, and that gun dealers are not criminals. He concluded by saying, Indiana is a great, safe state. Jesse Davis, P.O. Box 10205, South Bend, IN, stated that the resolution would do nothing to prevent a criminal from acquiring a firearm because they do not purchase these guns from legal sources. Mr. Davis added that there already are straw purchase laws, citing the fact that his sister -in -law tried to buy a gun for his brother for his birthday and couldn't, despite being his wife. He stated that the only people these new laws will affect are law- abiding gun owners such as himself. He explained that anytime he has purchased a firearm, he has had to have a background check done by the Department of Homeland Security. Philip Kowalski, 1937 Berkeley Place, South Bend, IN, extended an apology to Stephen and Joellen Miller for their loss. Mr. Kowalski echoed previous comments regarding the pointlessness of gun -free zones and the fact that gun control laws adversely affect law- abiders rather than criminals. Mr. Kowalski stated, Criminals will ignore and disregard any additional gun control laws. Quite simply: enforce the laws we already have to the maximum extent. Making it more illegal serves no purpose. Joseph Wilfing 2405 Erskine Boulevard, South Bend, IN, stated, A lot of data that has been talked about was based upon when the Brady Bill was being established in 1993 and 1994. The forty percent (40 %) of guns that are purchased legally over - the - counter is false. In 2004, John Hopkins Press, in a survey of incarcerated individuals that had been incarcerated for gun- related violence: eleven percent (11 %) were purchased through a licensed gun dealer; friends or family was at forty percent (40 %); on the street, thirty -eight percent (38 %); stolen guns, ten percent (10 %); gun shows —the supposed gun show loophole — account for 1.7% of firearms utilized in violent situations. He stated, On average, about 200,000 women use a firearm every year to prevent sexual abuse. 2,500,000 times a year, a firearm is used to protect or defend their person, or their property. Citizens shoot and kill two (2) times as many criminals a year as law enforcement. What you're doing is wasting the taxpayers' money with this. He concluded by stating that this resolution would be against the State Constitution, further stating that the Indiana Constitution does not allow municipalities to meddle in State legislature. Daniel Lucas, 919 East 4h Street, South Bend, IN, urged the Council to not take the word of those against the bill —to go and get the data from the FBI. Mr. Lucas stated, The statistics will tell you what it's all about. He stated that President Obama had to, in one particular instance, correct himself when he said that forty percent (40 %) of all the guns from Indiana went to 25 REGULAR MEETING MARCH 27, 2017 Chicago where they were used in crime. Mr. Lucas stated, They finally, at the end of the interview, admitted that they were stolen records. Mr. Lucas went on to explain that dealers at gun shows do not sell stolen weapons, and that any felon that even touches a gun at a gun show has committed another felony. He then echoed earlier comments regarding those affected by gun laws. He added that criminals with gun - related charges should not be able to plea bargain out of their full sentences. He concluded by urging the Council again to research FBI statistics on gun violence. Thomas Burnett, 18907 Cleveland Road, South Bend, IN, stated that it was inappropriate for the Council to make a decision on the resolution this evening, given the fact that the text of the resolution was not readily available to the public. Mr. Burnett stated that the Council was not acting within their legal authority in trying to affect State law, and that they could be asked to be publicly censured. Mr. Burnett asked that the Council not adopt the resolution. Sharon Banicki, 3822 Ford Street, South Bend, IN, echoed earlier comments, stating that she wants to have the right to have her gun to defend herself from "the kids that are driving down the straight and, yes, attacking and shooting at each other in car chases." Ms. Banicki stated that though the resolution might make the Council and its proponents feel good, it does not accomplish anything but waste resources. Councilmember Gavin Ferlic returned to the podium for a rebuttal. Councilmember Ferlic stated, Just wanted to clarify the language that is in the preamble of the resolution. Again, this just encourages legislators to consider a background check for all purchases, whether they be trade show, internet, or peer -to -peer purchases. It also tried to keep guns out of the hands of domestic abusers. Finally, this is a resolution and the resolution language, again, simply states, "We in South Bend invite our Indiana lawmakers and representatives to an honest dialogue about the responsible solutions to gun violence that are available to those who are willing to work together. We ask them to sit down with our South Bend officials, civic leaders, and survivors of gun violence, to see what they are willing to do to strengthen our gun laws and at the same time protect Second Amendment rights." That is the resolution that we are voting on tonight. Again, the strategy would be to pass similar laws throughout the State and get this down to the State level, and hopefully the State will give it consideration. Councilmember Dr. Varner —in reference to Mr. Wilfing's earlier statements —asked Interim Council Attorney Aladean DeRose if a resolution has any legal status. Ms. DeRose responded, A resolution is a legal document and it expresses the will of the Council. This particular document is directed, though to the legislature of the State, and it contains the communication from this body to the State as to what this body believes is an appropriate legislative action. It does not create that legislative action within the State. Councilmember Dr. Varner asked what the loophole was that had been referenced several times that evening. Dr. Ferlic responded that the loophole is that you can sell on the internet and you can sell person - to- person without submitting to a background check, which is a way for felons, domestic abusers, and the mentally ill to purchase a firearm. He stated, That's why twenty (20) states have universal background checks whenever you sell a gun. They have shown statistically that if you have these background checks, you can decrease crime. Dr. Ferlic stated that the key is in doing a background check for any and all firearm sales, even person -to- person. He stated that though crime as a whole cannot be eliminated, the hope is that through this sort of legislation fewer people will be killed or injured by firearms at the hands of abusers. Councilmember Dr. Varner asked, So, you're suggesting that you can buy a gun on the internet without — Dr. Ferlic interjected, There are unlicensed gun dealers out there. I can sell a gun to a domestic abuser, right? So, that's the problem. They tried it federally —a universal background check: it didn't work. So, states have taken it into their own hands to say they will have universal background checks. Is it going to solve everything? No. But is it going to help us as a society? I think so. I don't have any problems, Jesse, with responsible people going to Midwest Gun Exchange and getting a background check. I just don't want felons, domestic abusers, mentally 26 REGULAR MEETING MARCH 27.2017 ill people to not go through a background check. If they do, they need to be prosecuted — you're exactly right, there. Mr. Miller added, The resolution is clear regarding the fact that the problem is not licensed gun dealers. They want to do what's right, they want to follow the law. It's that private sellers are not required to do a background check. You can choose to buy a firearm from someone who does not require a background check. You can go to a gun show where there will be licensed dealers, but there will also have private sellers, and they are not required to do a background check. That's the only distinction. Councilmember Dr. Varner asked, That is the loophole that you are describing? Mr. Miller responded, Yes. Councilmember Dr. Varner asked, And that loophole exists? Is it illegal to transfer a firearm through that method as it exists today? Is it illegal at a gun show for two (2) people to transact or is it legal? Mr. Miller responded, No, of course not. Councilmember Dr. Varner asked, "Of course not" what? Mr. Miller responded, But it is a problem if it is not required to do a background check as a private seller. A federally licensed FLL must be give you a background check. Councilmember Dr. Varner asked, But that transaction is not illegal currently? Mr. Miller responded, Absolutely not. Councilmember Dr. Varner continued, Whether it's a handgun or longarm? Mr. Miller responded, Absolutely not. Councilmember Davis asked Dr. Ferlic to continue speaking on why he feels the loophole is important. Dr. Ferlic explained that those who have given data regarding gun show transactions over the course of the evening have been focusing on legal dealers and legal transactions. He stated, There has always been the loophole discussion, and the suggestion has been that there's a loophole for gun shows, and it's not the people in the gun shows —it's the people outside of the shows who may be carrying on transactions. At this point in time, that is a legal transaction. There's nothing illegal about that happening at a gun show. So, the discussion that this centers on, at this point, is some sort of required for a background check for those additional sales, whether it's internet or peer -to -peer. Councilmember Jo M. Broden made a motion to accept the amended text of the sixth paragraph of the resolution. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Davis stated that the focus of the resolution is to help prevent unmonitored internet and peer -to -peer firearm transactions, but that this focus was lost amid all the other text in the resolution. Councilmember Davis suggested postponing adoption of the bill to refine the text of the resolution more. He stated that he did not feel that it would get past the Republicans in Indianapolis and suggested that more time be given to better craft the language of the bill. Councilmember Ferlic stated, I apologize. I think that portions of the presentation might have veered away from the resolution. I apologize for the presentation, because the resolution —and Dr. Varner has reviewed it, the entire Council has reviewed it —is specifically about the items you just mentioned. The resolution language is just about inviting dialogue between- Councilmember Davis interjected, My thing is, if we could have that go straight from the top of the resolution, go right into "There are loopholes in the State of Indiana." A, B, C. "We as a Council believe these loopholes should be studied..." That way, all the other issues, the stories, etc, we can put them aside. Councilmember Davis advocated for getting to the core of the matter and keeping the language lean. 27 REGULAR MEETING MARCH 27, 2017 Councilmember Ferlic responded, Sure. Again, I think the presentation might have skewed things, but the resolution goes straight into how the City can protect the lives of its citizens and at the same time protect gun owners' Second Amendment rights, and then it goes into "Indiana does not require private sellers who are not federally licensed dealers to initiate a background check before transferring a firearm." And then it just simply talks about just closing the loophole. I apologize that the presentation might have gotten a little bit off - subject, but I think the resolution language is strong. At this time, I think it is very simple and clear, in terms of what it requests, and I'd love to go forward. Councilmember Regina Williams- Preston stated, What I like about this is that the resolution says that we encourage that dialogue about finding the solution to gun violence. I like that it is broader, because what I would like to do is see more dialogue that's not just about regulating who gets a gun and who doesn't. Councilmember Williams- Preston stated that she wanted to get at the root causes of abusive or murderous behavior of perpetrators once they have a gun. She stated, Because I'm a "guns don't kill people, people kill people" person. What I see in the schools is that we need more money for social workers, for counselors, for conflict resolution. I think there's a lot of work to be done on the front end. So, that's honestly what I like about this, because it's broad enough to include those kinds of sensible solutions. Councilmember John Voorde stated that a lot of good information has come from the evening's discussion. Councilmember Voorde stated, A thing everybody can agree on is that we abhor rising violence in society; there is proliferation of guns, legal or illegal; we all want to increase our own feeling of personal safety and safety of the law enforcement officers that are holding that thin blue line. I don't think there's any rush to do this, even if we agree that something ought to be done, because it's too late to do anything before the legislature this year, anyway. Councilmember Voorde agreed with Councilmember Davis, stating that taking the time to discuss the matter may be beneficial to all involved. He stated, I think if the Health and Public Safety Committee is willing to hold at least one (1) meeting where we don't have three (3) or five (5) minute restrictions for those either for or against this kind of thing, it would be worthwhile. Councilmember Voorde stated that he would be willing to make a motion to continue to Abril 24th. 2017. Councilmember Broden stated that she is a co- sponsor of this bill and that she has been public on this issue for the past year and a half. It was one of the first issues she pushed for while running for a seat in the Council. She echoed Councilmember Ferlic in highlighting the resolution's call to continue debate. She voiced agreement with Liam Dalton who had commented earlier, stating, We go forward from here, as a community. The voices on both sides have the responsibility in the coming months to chime in to your elected leaders. Let's keep the focus. This is not just for the State of Indiana and our legislators down in Indianapolis, but it is also asking on the federal level for some attention. This is a poke, in my opinion. It's a poke saying that we want intelligent dialogue on this. Councilmember Broden stated that she is ready to vote on this bill, adding that a meeting with the Health and Public Safety Committee would be more of a burden than a productive step. Councilmember Randy Kelly stated that as a co- sponsor, he is ready to move forward with the bill. Councilmember Kelly stated, I find it difficult to imagine why we would postpone a resolution that simply says that we're encouraging dialogue. The gentleman who spoke against this resolution doesn't want gun violence anymore than I do, and they have some wonderful ideas with regard to this dialogue as to how we can help. He perhaps knows more, as a police officer, as to how we can perhaps mitigate some of the gun violence. We could be talking together about these things. We're asking our State legislators to do that, because, as you've pointed out, we can't create the laws here as a municipality. Councilmember Kelly stated that it's been pointed out that it's difficult for law abiding citizens to attain a firearm, "as it should be." He added that he saw nothing in this resolution that made it any harder for those same citizens. Councilmember Dr. Varner stated that he was in agreement with Councilmember Davis. He stated, When we had the conflict between the Sierra Club and the AEP, we sat people down from both sides and we came to a resolution that was acceptable to everybody. Part of the problem that I have with this resolution is that when it comes to us backed by one (1) group of people with one (1) basic agenda, I think you tend to own it so much that you don't want to see changes to it. WN REGULAR MEETING MARCH 27, 2017 As it goes down, because it was sponsored by organizations which seem to have an agenda, it's going to be rejected by people with different agendas. If you want the legislature to listen to it, everybody has to be able to hold hands and say, "This is what we came up with." That would be a better solution than what's proposed. Councilmember Tim Scott stated, The resolution did exactly what it was meant to do: start the dialogue. I respect everybody on both sides, but to me that's the whole point of this dialogue. Randy Kelly took every single word I was thinking right out of my mouth. To me, sometimes as leaders, we've got to send a message that says one (1) thing or another to try to move something that's going on. But I would be in favor of multiple resolutions after this. It's a conversation between them, them, and everybody in this room, and we need to commit to that here. Why not South Bend figuring out how to end all the loopholes, all the issues in the City, or in America? It's going to take that conversation, and what it's going to take is not arguing with each other. It's going to take sides that don't agree sitting down and agreeing. It is not a defeat or victory for one (1) side: it's step one (1). Councilmember Gavin Ferlic made a motion to adopt Substitute Bill No. 17 -15. Councilmember Randy Kelly seconded the motion which carried by a roll call vote of seven (7) ayes and two (2) nays (Councilmembers Dr. David Varner and Oliver Davis). BILLS FIRST READING 18 -17 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PORTION OF W. MONROE STREET THAT LIES APPROXIMATELY 179 FEET WEST OF S. LAFAYETTE BLVD Councilmember John Voorde made a motion to send Bill No. 18 -17 to the Public Works and Property Vacation Committee for Second and Third Reading on April 10th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 19 -17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5, SECTION 2 -52 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE ADDITIONAL FACILITIES TO BE OPERATED, MAINTAINED AND MANAGED BY THE SOUTH BEND CIVIC CENTER BOARD OF MANAGERS Councilmember Gavin Ferlic made a motion to send Bill No. 19 -17 to the PARC Committee for Second and Third Reading on April 10th, 2017. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. 20 -17 FIRST READING ON AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING A SCRIVENER'S ERROR IN ORDINANCE NO. 9717 -06 AS TO THE DESCRIPTION OF REAL PROPERTY FOR THE VACATION OF CERTAIN PARTS OF FRANCES STREET Councilmember Karen White made a motion to send Bill No. 20 -17 to the Public Works and Property Vacation Committee for Second and Third Reading on April 10th, 2017. 29 REGULAR MEETING MARCH 27, 2017 Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business this evening. NEW BUSINESS There was no new business this evening. PRIVILEGE OF THE FLOOR Sharon Banicki, 4832 Ford Street, South Bend, IN, stated, I have a challenge for every one of you up there: I want you to figure out what your paycheck from the City for being Councilmembers is. Take that home and work your budget against those numbers, because your citizens that you're representing that's the money they're working with. $45,000: you go home, do the math, see how far it gets you. Keep that in mind when you're looking at all these different rate increases, and, "We need this," and, "We need that." Be creative with how you come up with money. I want cable, I want internet, but I need gas and electric. But guess what I don't have at home? Put yourselves in our shoes. Think what it feels like to be down here and not up here. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that his trashman left a note on his trash can stating that he would not pick up the trash unless the can was placed where he wanted it to be placed. Mr. Brown called his supervisor, Maggie in Solid Waste and Trash. He stated that she did a great job in helping him and added, "When you got good people in good government like that, you can get anything solved." Jerry Niezgodski, 1113 Elliott Street, South Bend, IN, stated that with the development along Colfax Avenue, there has been a proposal to a substation to Hill Street. Mr. Niezgodski stated that he would like to speak against that proposal when it appears before the Council. He stated he would prefer to see it go to Niles Avenue, adding that he thinks it would be safer to build it underground. He stated that he is concerned for the health of residents living nearby and does not trust the government to say that there are health risks if there actually are some. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 11:52 p.m. 30