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HomeMy WebLinkAbout02-22-10 Common Council Meeting Minutes REGULAR MEETINGFEBRUARY 22, 2010 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, February 22, 2010 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Thomas LaFountain 3rd District Henry Davis, Jr. 2nd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large Karen L. White At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected thth the minutes of the February 8 and February 15 2010 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner th Councilmember Puzzello made a motion that the minutes of the February 8 and th February 15 2010 meetings of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Councilmember Oliver Davis advised that he is the Council representative to the South Bend Public Transportation Corporation (TRANSPO) and announced that Ms. Rosalind Dickens has been officially sworn in on the TRANSPO Board. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. 1 REGULAR MEETINGFEBRUARY 22, 2010 PUBLIC HEARINGS BILL NO. 07-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN’S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST/WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH/SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY Councilmember Dieter made a motion to continue this bill until the March 8, 2010 meeting of the Council at the request of the petitioner and refer back to the Public Works and Property Vacation Committee. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 04-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE FIRES UPON DIRECTION OF THE FIRE CHIEF Councilmember Dieter made a motion to continue this bill until the March 22, 2010 meeting of the Council and refer back to the Health and Public Safety Committee. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 05-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,750,000.00 FROM EXCESS WELFARE DISTRIBUTION FUND (#252) TO UPGRADE SOUTH BEND’S PUBLIC SAFETY RADIO SYSTEM TO 800 MEGAHERTZ PER AN AGREEMENT BETWEEN ST. JOSEPH COUNTY AND THE STATE OF INDIANA Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee met on this substitute bill this afternoon and voted to send it to the full Council with favorable recommendation. 2 REGULAR MEETINGFEBRUARY 22, 2010 th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that this bill would allow for the upgrade of South Bend’s public radio system to an 800 Mhz system fully integrated with that of the County and City of Mishawaka requires an expenditure by South Bend of $900,000.00 as its cooperative share of the cost of (1) upgrading five (5) Safe-T towers by adding two additional 800 Mhz channels per cell tower, (2) purchasing associated equipment and upgraded software, and (3) purchasing one (1) in-vehicle mobile radio and fifty-two (52) portable radios. The cost for all of these upgrades is being furnished at a competitive discount offered by Motorola because of the County-wide participation. Mayor Luecke further noted that this will further enable all public safety responders within the St. Joseph County boundaries to cooperate with state, local, and surrounding county police and fire departments, as well as federal agencies, in the face of a massive emergency, and in day to day law enforcement. Councilmember Dieter asked how long will it take for the upgrade process to be complete. Mayor Luecke stated eighteen months. Councilmember Dieter asked when the warranty will start. Mayor Luecke advised that Motorola recognized that they would not be put into service right away and offered and extended warranty for 3 years. Councilmember Rouse asked what the total amount of the excess welfare distribution was. Mayor Luecke advised that it was 2.9 million Councilmember Henry Davis questioned what the left over money was going to be used for. Mayor Luecke stated that they do not have any set proposals at this time. It will be used for Public Safety purposes are required by State Law. They may reserve some of the additional funds to purchase additional radios in the future. He stated that they have had further discussions with Police and Fire personnel about a number of different activities. However, there will be the need to go to a narrowband UHF/VHF broadcasting in a couple of years. He stated that they may ask for some of those dollars to purchase that equipment. Mayor Luecke stated that the Fire Department has asked for a couple of new repeaters to be able to stronger signal strength at the sight of a major fire. He estimated that the total cost should be under $100,000. Councilmember Henry Davis asked what the average need was to be able to interface with the other various departments. Police Chief Darryl Bokins advised that it is not often, but the need does occur. He stated that this is a tool to get started. Councilmember Henry Davis stated that he thinks this bill gives the wrong perception of South Bend and that crime is high. He stated that he would have like to seen the money be spent on personnel. Mayor Luecke stated that upgrading to 800 Mhz technology doesn’t say that we have more crime. This just enhances the city. Councilmember Rouse advised that the change to 800 Mhz had to be in place by a certain date according to the federal government. 3 REGULAR MEETINGFEBRUARY 22, 2010 Mayor Luecke stated that the upgrade to 800 Mhz has to be in place by 2014. Councilmember Rouse advised that it is most economical at this time to combine communication systems. Councilmember Varner reiterated that the money came from the excess welfare distribution. He questioned who was dictating the change. Mayor Luecke advised that it was state law that was dictating and is a part of the legislature. 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 being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember White made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Rouse seconded the motion which carried by a voice vote of six (6) ayes, one (1) nay, (Councilmember Henry Davis) and two (2) abstentions (Councilmember’s Dieter and Kirsits.) BILL NO. 08-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $39,100.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND FOR THE NECESSARY PLASTER CEILING REPAIRS, CEILING DÉCOR PAINTING REPAIRS, REACHMASTER LIFT RENTAL AND WELDING REPAIRS, FUND NUMBER 416 Councilmember Puzzello, Chairperson, PARC Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Dennis Andres, Executive Director, The Morris Performing Arts Center, 211 N. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres advised that this bill would allow for the appropriation of $39,100.00 from the Morris Performing Arts Center Improvement Fund #416. He stated that revenues from this fund are generated by a ticket surcharge and the fund is used for capital improvements such as renovation, remodeling and specifically here, repairs to the plaster and decorative painting on the auditorium ceiling; and to obtain architectural drawings and other documents necessary to acquire quotes for the replacement of the Morris Performing Arts Center main windows and doors facing Michigan Street. 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 being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Oliver Davis made a motion for favorable recommendation to full Council concerning this bill. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. 4 REGULAR MEETINGFEBRUARY 22, 2010 BILL NO. 09-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $40,000 FROM CENTRAL SERVICES FUND 222 TO INSTALL EMISSION CONTROL DEVICES ON CITY DIESEL TRUCKS Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Matthew Chelbowski, Director, Central Services Division, 1045 W. Sample Street, South Bend, Indiana, made the presentation for this bill. Mr. Chelbowski advised that the City of South Bend has received a grant of $40,000 from the United States Environmental Protection Agency for the purchase and installation of particulate catalysts on 30 of our diesel power trucks. The catalysts will reduce the emissions from these truck by 70%. The attached ordinance is a request to fund the purchase from Fund 222 and reimburse the fund with the grant. 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 being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 10-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2010 FOR VARIOUS EXPENDITURES Councilmember Dieter made a motion to continue this bill until the March 8, 2010 meeting of the Council and refer back to the Community and Economic Development Committee. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, Chairperson Committee of the Whole 5 REGULAR MEETINGFEBRUARY 22, 2010 REGULAR MEETING RECONVENED 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 7:27 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 9999-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,750,000.00 FROM EXCESS WELFARE DISTRIBUTION FUND (#252) TO UPGRADE SOUTH BEND’S PUBLIC SAFETY RADIO SYSTEM TO 800 MEGAHERTZ PER AN AGREEMENT BETWEEN ST. JOSEPH COUNTY AND THE STATE OF INDIANA This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote six (6) ayes; one (1) nay (Councilmember Henry Davis) and two (2) abstentions (Councilmember’s Dieter and Kirsits.) ORDINANCE NO. 10000-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $27,934.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND FOR THE NECESSARY PLASTER CEILING REPAIRS, CEILING DÉCOR PAINTING REPAIRS, REACHMASTER LIFT RENTAL AND WELDING REPAIRS, FUND NUMBER 416 This bill had third reading. Councilmember Dieter made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10001-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $40,000 FROM CENTRAL SERVICES FUND 222 TO INSTALL EMISSION CONTROL DEVICES ON CITY DIESEL TRUCKS This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 6 REGULAR MEETINGFEBRUARY 22, 2010 RESOLUTIONS RESOLUTION NO. 4015-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2010 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on March 16, 2010 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: Gertrude Street Metal Recycling, Inc. 3700 S. Gertrude St. Indiana Auto Parts 3300 S. Main St. LKQ Self Serve Auto Parts 1602 S. Lafayette Blvd. Shapiro Metals 2920 W. Sample St. Steve & Gene’s, 3109 Gertrude St. Schrock Aggregate, Inc. 1702 N. Bendix Dr. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2010. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: Gertrude Street Metal Recycling, Inc. 3700 S. Gertrude St. Indiana Auto Parts 3300 S. Main St. LKQ Self Serve Auto Parts 1602 S. Lafayette Blvd. Shapiro Metals 2920 W. Sample St. Steve & Gene’s, 3109 Gertrude St. Schrock Aggregate, Inc., 1702 N. Bendix Dr. are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk’s communication to the City Clerk dated March 16, 2010. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council 7 REGULAR MEETINGFEBRUARY 22, 2010 Councilmember Karen White, Vice-Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. City Clerk Voorde advised that renewal application for the operation of Scrap Metal/Junk Dealers/Recycling Operations have been received. He noted that in accordance with the procedure for the renewal of city business licenses these applications were submitted to the various departments for inspection and all have received favorable recommendations. He asked for the Council’s favorable consideration. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4016-10 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND ADJACENT TO 3305 LATHROP DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR GATEWAY PLAZA REAL ESTATE, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known asVacant Land Adjacent to 3305 Lathrop Drive, South Bend, Indiana, and which is more particularly described as follows: Lot 2 Total Industries Lathrop St-Minor-04/05 New Replat Trans 14822-2/06/04 and which has Key Number 25-1010-0409.01, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 3928-08 on December 8, 2008; and WHEREAS, the Petitioner will exceed the two year designation period granted in the Confirmatory resolution, which will expire on November 23, 2010; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. 8 REGULAR MEETINGFEBRUARY 22, 2010 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is now limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of three (3) years. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Timothy Rouse, Chairperson, Community and Economic Development, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Jamie Ruiz, Managing Director, Financial & Asset Services, CBRE/Bradley CB Richard Ellis, 202 S. Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this bill. Ms. Ruiz advised that due to current economic conditions, the anticipated anchor tenants(s) for Gateway Plaza Phase IV have not been able to follow through on their intent. Subsequently, the project has been postponed with a projected Spring 2010 groundbreaking date. She stated that they have been actively approaching users since May 2009 and will continue with these efforts in attempt to expedite the project to the best of their ability. She stated that they appreciate the Council’s understanding of the owner’s inability to begin construction given all the factors. Councilmember Henry Davis asked how old the building was. Ms. Ruiz advised that this is vacant land next to 3305 Lathrop. Ms. Ruiz stated that this tax abatement was originally granted in December 2008 and being 2010 they don’t anticipate the building being finished and therefore request a one- year extension of the tax abatement. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 9 REGULAR MEETINGFEBRUARY 22, 2010 BILLS – FIRST READING BILL NO. 11-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,200 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR A ONE YEAR BILLBOARD LEASE TO MARKET THE MORRIS PERFORMING ARTS CENTER This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on March 8, 2010. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12-10 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF LAPORTE AVENUE ALONG COLFAX AVENUE TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 8 FEET This bill had first reading. Councilmember Varner made a motion tot refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on March 8, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2301 MIAMI STREET, INCLUDING ADDRESSES 2303 MIAMI STREET, 1026 AND 1034 E. EWING AVENUE WITHIN SAID BUILDING, COUNCILMANIC DISTRICT THREE (3) IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on February 16, 2010: 10 REGULAR MEETINGFEBRUARY 22, 2010 BILL NO. 01-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY CHAPIN STREET, NORFOLK SOUTHERN RAILROAD, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 8, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis stated that he is not happy about how the project at LaSalle Square is being handled. He stated that the Dog Shelter received 1.5 million dollars out of the TIF Funds designated for that area and is okay with that. However, he questioned the $60,000 that was paid to planners from Chicago to come and assess the site and put a plan together. He stated that there has been no movement at LaSalle Square at all. He stated that there has been the demolition of a car wash and maybe an acquisition of a building but that’s about all. He stated that as far as a face lift or things being built or forward movement on the project has not been done. He stated that he thought there was approximately 2.5 million dollars allocated for this project and nothing has been done. He stated that now just down the street the dog shelter is being built and nothing has been done at LaSalle Square. He also questioned why Senior Living Homes would be constructed there without provided places from them to shop, to get groceries and medicine on a day to day basis. He stated that the planning for this project is going backwards. He stated that planning for LaSalle Square was first and now the animal shelter is being built before anything is being done at LaSalle Square. Councilmember Henry Davis stated that he believes the $60,000 was spent senselessly on the planners from Chicago who spent eight months in planning and assessing the LaSalle Square site and then nothing is done. He stated that it makes it hard to explain to the people who elected him into office that money was spent on plans and nothing to date has been done. He stated that the moral of the citizens of the city is low and it reflects back on the City. He stated that priorities were set when LaSalle Square was added into the TIF district prior to him being elected on Council and to date nothing has been done. He likened the project to a dead horse, if it was a dead horse, it should have been left as a dead horse. Tax dollars should not have been spent on developers to plan for eight months and then spend TIF monies on another project like the Animal Care and Control Facility without some explanation as to why there has not been any further movement on LaSalle Square. Councilmember Henry Davis announced that he along with the American Red Cross are joining together in “Bowling for Haiti” on February 27, 2010 from 11:00 a.m. - 3:00 p.m., at Chippewa Bowl, 225 W. Chippewa Avenue, South Bend, Indiana, to provide relief to the people of Haiti. He stated that everyone is invited and looks forward to th seeing everyone on the 27. Councilmember Rouse concurred with Councilmember Henry Davis at the points that he was making are legitimate. There was a plan and what happened to that plan? Councilmember Rouse stated that the City Administration needs to champion the plan and bring it to fruition. 11 REGULAR MEETINGFEBRUARY 22, 2010 PRIVILEGE OF THE FLOOR Jeffrey Green, 814 E. Jefferson Boulevard, South Bend, Indiana, stated on February 2, 2010, Sam Hensley authorized Pete Kaminski to suspend him because of a Police Department video surveillance camera which showed him starting his car at approximately 7:00 a.m. on December 27, 2009. He stated that the video was inconclusive because of the image of the person; car and city truck was unclear. Mr. Green stated that according to the union, video evidence cannot be used for disciplinary reasons and is unaware of anyone being disciplined based on video. He stated that Pete Kaminski stated that if he admitted to the infraction he would get a one (1) day suspension and if he did not admit to the infraction he would get a three (3) day suspension. Mr. Green stated that he took the three (3) days because it was not him. Mr. Green stated that on February 16, 2010, Sam Hensley, Pete Kaminski and John Pemberton, Jr. showed another video from the Police Department surveillance camera (during his suspension) that on February 4, 2010 that showed three examples of trucks and that they were trying to show the difference between the trucks which was also inconclusive because it was dark. Mr. Green stated that on February 18, 2010 he called Internal Affairs and spoke with Lt. Ross and explained his situation. Mr. Green stated that Lt. Ross called him back later and stated that Chief Boykins was the only one who could authorize something like this and was unaware of this. Mr. Green stated that he was told that the Police Department Video man was on vacation and due back on the day he called. Mr. Green stated this is just another case of Sam Hensley abusing his authority. No Crime was committed or laws broken and questioned why this man is so desperate to tarnish his record which really had nothing on it. Mr. Green stated that he has been under retaliation and scrutinized because he stood up for his god given rights. He stated that he has arbitration next week on this matter and asked if anyone from the Council would like to come and attend. Mr. Green stated he was not sure if this would be a conflict of interest or not. Mr. Green stated that he needs support. Mr. Green stated that he doesn’t know who this guy thinks he is and how he can do whatever he wants and be in the position that he has been in for so long with the type of mentality that he has and get away with all the things that he does. Mr. Green stated that Mr. Hensley does what he wants and runs his department however right or wrong and lets it be known. Council Attorney Kathleen Cekanski-Farrand stated that in light of this being a personnel matter and assuming that Mr. Green is a Teamster that the City Administration is utilizing the proper authority and that proper steps are being taken. She stated that the Council does not have any authority over this matter. Mr. Green stated that he is aware of this and is letting it be known to all local and outside entities to voice what is going on with him. Mr. Green stated that just working on the job is not good enough and doing the job is not good enough. He stated that for seven (7) years there was no problem and then a situation came about that he had to stand up for himself then got fired, then got his job back and was told that there would be no retaliation and then two (2) years later another situation came up and he had to once again stand up for himself. Councilmember Henry Davis thanked Mr. Green for keeping the Council informed. He then questioned item #6 on the Council Agenda – Reports from City Offices and what could be discussed at that point of the Council Meeting. Council Attorney Kathleen Cekanski-Farrand stated that the Council does not have the authority over personnel matters. Councilmember Henry Davis asked if this could be discussed at an Executive Session of the Council. Council Attorney Kathleen Cekanski-Farrand stated that there is an exhaustion of remedies that have to be exhausted. She stated that there is a Teamster Bargaining Agreement which addresses this kind of matter and it is clearly spelled out in that agreement how this matter is to be handled. She reiterated that this matter is being properly handled. 12 REGULAR MEETINGFEBRUARY 22, 2010 Councilmember Henry Davis stated that this matter reflects back on what he has said before regarding people’s perception of the City. He stated he can go to the Barber Shop on any given Saturday and the laughing joke is what goes on in the various City Departments especially the Street Department. He stated that he has heard this for years and is not knocking the Supervisor of the Street Department, but the perception is that if you work for the Street Department you should watch out. He stated that people should not have to fear working and this clearly is an issue and something has to give. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:55 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 13