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OFFICE OF THE CITY CLERK
KAREEMAH FOWLER,CITY CLERK
COMMUNITY INVESTMENT SEPTEMBER 25, 2017 3:50 P.M.
Committee Members Present: Regina Williams-Preston, Randy Kelly, Paul Tipps (citizen
member), Will Smith(citizen member)
Committee Members Absent: Oliver Davis, Gavin Ferlic
Other Council Present: Tim Scott, Jo M. Broden, John Voorde, Dr. David Varner,
Karen White
Other Council Absent: None
Others Present: Kareemah Fowler, Graham Sparks, Bob Palmer
Presenters: Regina Williams-Preston, Marty Wolfson, James Mueller
Agenda: Substitute Bill No. 48-17-Tax Abatement Amendment
Committee Vice Chair Regina Williams-Preston called to order the Community Investment
Committee meeting at 3:50 p.m. She introduced members of the Committee and proceeded to
give the floor to the presenters.
Substitute Bill No. 48-17- Tax Abatement Amendment
Committeemember Paul Tipps made a motion to accept the substitute for Bill No. 48-17.
Committeemember Randy Kelly seconded this motion which carried unanimously by a voice
vote of four(4) ayes.
Regina Williams-Preston, 838 N. Elmer Street, stated, This bill is proposing changes to our Tax
Abatement Ordinance. The main change would be to codify the expectation that businesses
receiving tax abatements would have to pay their employees the same amount as the City's
minimum wage. Since the original form of this ordinance, we have communicated with the
Department of Community Investment and the City Administration to add some language they
asked for. We included clarification about tip workers and set the start time as Januar"instead
of immediately. It is important to look at ways of supporting residents of South Bend. Mayor
Pete has enacted a City minimum wage of$10.10 and has also talked about being a model of
equal opportunity. This is one (1)way the Council can help live out those directives. She passed
out a handout to Committee and Councilmembers that depicted ALICE Report numbers and
455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601
Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBendrN.gov
JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH MOLNAR
CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
OPERATIONS
figures. She stated,ALICE stands for Asset Limited Income Constrained Employees. In other
words, the working poor. You'll notice that fifty-three percent(53%) of people in the City of
South Bend are struggling to make ends-meet. Any opportunity we have to support residents of
South Bend, I think we should take advantage of that opportunity. So in this case if we are going
to save a business money, it stands clear we should expect those business to reciprocate that and
offer their employees decent wages.
Dr. Marty Wolfson, 809 Park Avenue, stated, On the other side of the handout it shows how
much individuals need to make,per hour,to meet the basic needs. It is a called a Household
Survival Budget. A single adult needs to make $9.07 an hour. Of course a family needs way
more than that. I think we have a perception in our minds about who the minimum wage workers
really are. We tend to think they are mostly teenagers. It turns out they are not mostly teenagers.
More than eighty-eight percent (88%) of people who make between$7.25 and$10.10 an hour
are at least twenty(20) years old. More than twenty-five percent(25%) are parents and also fifty-
six percent(56%) are women and forty-four percent(44%)have at least some college education.
There has been a lot of empirical research in recent years that has challenged the idea that if we
raised the minimum wage the employment would go down. The vast majority of that research
indicates that there is little effect on employment raising the wage.
Committee Vice Chair Williams-Preston then opened the floor to questions and comments from
Committee and Councilmembers.
Committeemember Will Smith stated, The agenda I received last week didn't have an updated
bill and I just now got a chance to look at the amendments. When I first received a copy of the
bill it felt like a punch to the stomach and I would like to get some extra time to meet with the
authors of this bill.
Committeemember Paul Tipps asked, Were the only changes adding the language about the tip-
workers?
Ms. Williams-Preston replied, Those were the only changes, yes.
Dr. Wolfson stated, There was another change that changed the starting date to the first of the
year next ,year.
Committeemember Tipps stated, These are fairly minimal changes. Has there been any
discussion about what resources we have to control the audit and compliance of this? The
auditing is necessary. But do we have the willingness to enforce this ordinance?
Ms. Williams-Preston replied, I don't have a clear understanding of how that would work.
James Mueller, Executive Director of Community Investment with offices on the 14th floor of the
County-City Building, stated,As we shared last time, enforcement would be difficult in terms of
the staffing and resources we currently have. We imagine there will be a self-reporting aspect to
it where the business would list their wages. There could be a potential audit. We need more
detail to it.
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Committeemember Smith stated, I do have a concern with the tip wage. I want to take more time
on this. I think the majority of people impacted by this will be restaurant workers. This seems to
be excessive legislation. I think this is coming with great intentions but it is not getting us where
we need to go.
Ms. Williams-Preston stated, This is not exempting tip workers.
Committeemember Smith stated, I would like to take some extra time to get a grasp on that.
There is the supply and demand curve and other basics of economics but it can go on to the
Efficiency Wage Theory and the Gain Theory.
Ms. Williams-Preston stated, It is just not that serious to me. My bottom line is that, look, people
are poor in South Bend. That is where I'm at.
Committeemember Smith interjected, And the way to bring them out of poverty is by building up
business.
Ms. Williams-Preston stated, That is not the way for the employee to get out of poverty. The way
the employee begins to pay their light bill, water bill and feed their families, is by increasing
their wage. Their employer is getting a tax-break and it seems to me it would benefit the people
of South Bend employed by that employer to get paid a decent wage. And the thing is this will
affect only a small number of businesses. The businesses that come to us for tax abatements
already pay their employees beyond$10.10.
Dr. Wolfson stated, I see Committeemember Smith may have taken some advanced economic
courses, and that could be dangerous. If this were a minimum wage ordinance for the City of
South Bend,there would probably be a number of tip workers that would be subject to it. But
this is only, of course, companies that are receiving a tax abatement and,to my knowledge,we
don't give a whole lot of tax abatements to restaurants. The tip workers are important to clarify,
but it is not a significant component.
Committeemember Smith stated, I guess I come from the perspective of my own experience. We
started a business here twelve (12) years ago and it was my father and 1. We went around to
different auto dealerships, we did the work out in the parking lots, and now he employees up to
fifteen(15)people in the City. He has dreams of expanding and something like this would hurt
those dreams drastically. I'm deeply conflicted because I've helped build that business and get
myself out of poverty. And individuals are stating this is the way out of poverty? I am deeply
conflicted.
Ms. Williams-Preston stated, For me, part of why I embrace this is because I'm not just
concerned about the employer. I think it is important we are friendly to development and we are
pro-business. I think it is time we start figuring out how to balance that with the needs of our
residents. From what I understand, it may not be a whole lot of folks and businesses that this
would apply to.
Councilmember John Voorde asked Committeemember Smith, Has your business applied for an
abatement?
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Committeemember Smith replied,No, not yet. We will be, barring no conflict.
Councilmember Dr. David Varner stated, I think this is well-intentioned. I applaud the Mayor for
going to $10.10. I see two (2) flaws to this legislation. I agree that, if this is adopted, it should be
tied to the time of when the abatement is signed. There is a fundamental reality that, I think,
everyone would probably recognize. You cannot tax or regulate a community into prosperity. I
think the City's leadership going to $10.10 set an example which was good. The uncertainty of
knowing what the rate will be for the City next year is not good. A regulatory attempt to make
this happen limits businesses' ability to make decisions. What happens when the City bumps
their rate again?
Dr. Wolfson stated, If we are talking about a ten(10)year abatement and the rate is flat during
that time, that would benefit the employee. The Mayor raised the wages for City employees,
rightfully so. And we are talking about sophisticated companies.
Councilmember Jo M. Broden stated, We should probably make, in somehow or in some way,
the burden of the compliance on the recipient of the abatement. There is the compliance issue
and I know there are specific reports on wages and salaries. How can we put that in a policy
format? I want to get to the policy and the meat behind this. And if this was in effect, what would
be the net impact of turning people down or approving them?Another question I hear from other
Councilmembers is whether or not we are tying this to the time of abatement. Is it fixed or are we
indexing the rate? I'm looking for more information on that and, if we index it, what would be a
reasonable thing to tie it to? I have many individuals in my district that are supportive of this and
I am well aware of the need in the community. Other than complaint-driven compliance, can we
have annual notice or hearings from these companies? Maybe we can look at a quarterly or a bi-
annual process.
Ms. Williams-Preston stated, I think it is really important to know how to enforce these things.
However,that shouldn't stop us from doing what is right and what is needed.
Councilmember Randy Kelly stated, I think there is a point to be made about whether the rate
should be fixed at the time of the abatement. We don't know what the City will do in the coming
years and it could place an undue burden on a business. To what extent might this have a
negative impact on our community? If a company considers this a burden, might they decide to
hire fewer full-time workers and instead hire more part-time workers?
Dr. Wolfson replied, It is not likely that part-time workers would be affected. It is certainly
something that could happen. I don't think businesses would go to any extraordinary lengths to
get around this. This is not an unfair burden.
Committee Vice Chair Williams-Preston opened the floor to members of the public wishing to
speak in favor of or in opposition to the legislation.
Sue Kesim, 4022 Kennedy Drive, stated, I would like to offer a suggestion. At the time of
abatement you could fix it to the City amount but it would increase incrementally by the Cost of
Living Index.
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Murray Miller, 1201 Priscilla Drive, stated, I am in favor of this. I would like to see the wage a
little higher, actually.
Committee Vice Chair Williams-Preston turned the floor back to the Committee for further
comment or main motion.
Committeemember Smith made a motion to continue Bill No. 48-17 to the October 9th Council
meeting. Committeemember Tipps seconded this motion which carried by a voice vote of three
(3) ayes and one (1)nay (Committee Vice Chair Williams-Preston).
With no further business, Committee Vice Chair adjourned the Community Investment
Committee meeting at 4:26 p.m.
Respectfully Submit�ed,
Regi liams-Preston, Vice Chairperson