HomeMy WebLinkAbout10-16-17 Personnel and Finance (#8) ��SpUT11 8��0
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OFFICE OF THE CITY CLERK
KAREEMAH FOWLER,CITY CLERK
PERSONNEL &FINANCE OCTOBER 16, 2017 5:00 P.M.
Committee Members Present: Karen White, Regina Williams-Preston, John Voorde
Committee Members Absent: Gavin Ferlic
Other Council Present: Dr. David Varner, Tim Scott, Oliver Davis, Jo M. Broden
Other Council Absent: Randy Kelly
Others Present: Kareemah Fowler, Graham Sparks, Bob Palmer
Presenters: James Mueller, Stephanie Steele, Kareemah Fowler, Jen
Hockenhull
Agenda: Budget Clean-Up
Committee Chair Karen White called to order the Personnel and Finance Committee meeting at
5:00 p.m. She introduced members of the Committee and proceeded to recess the Committee to
reconvene in the full Council Chambers. The Committee reconvened at 5:05 p.m.
Budget Clean-Up
Committee Chair White briefly overviewed the budget hearing process and explained how the
process has proceeded.
Councilmember Oliver Davis stated, When the Mayor made his presentation, he included the
comments of the proposed$25 million for the relocation of the South Shore. I asked to put some
parameters to that situation. If we can do that,we want to also see what our role is.
Council Attorney Bob Palmer stated, You are asking if we can dictate how the money is spent
before it is sent to the Redevelopment Commission. I will give feedback on the legality of that
situation before the October 23, 2017 Council Meeting.
Councilmember Dr. David Varner stated, I encourage Mr. Palmer to follow up on that soon
because two (2) different attorneys can read the same statute and come to a completely different
conclusion.
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.SouthBendfN.gov
JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH MOLNAR
CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
OPERATIONS
James Mueller, Executive Director of Community Investment with offices on the 14th floor of the
County-City Building, stated, The Administration's understanding is that the TIF Funds are their
own taxing unit. They never cross through the General Fund. We will defer to Mr. Palmer's
research for your purposes. Our understanding of the legality is that we can't restrict those funds
that the Redevelopment Commission appropriates. The Mayor signed the resolution that
explicitly stated no funds would be spent on construction until the completion of the economic
impact and feasibility study. The Administration is committed to that.
Stephanie Steele, Corporation Counsel for the City of South Bend with offices on the 12th floor
of the County-City Building, stated, I would like to thank the Council for the opportunity to
update the Councilmembers on the Legal Department's Budget for fiscal year 2018. It is an
honor to serve the City as Corporation Counsel and we want to be sure everyone has the most
information available at the time. This Department has a history of excellence and many
impressive accomplishments thanks to the quality of the staff. I'm fortunate to have many of the
same personnel that has been there for a number of years and we are excited to continue serving
the citizens of South Bend. There are some changes we have made to the 2018 budget. Having
served as a member of this team for three (3) years prior to my most recent appointment, I feel
strongly in investing into three (3) specific areas. It will solidify our Department and will create a
workplace culture that will allow us to thrive and succeed as well as reward and retain top talent.
The three (3) areas we are focusing on are Teamwork, Cross-Training and Professional
Development. The Legal Department has always had a wonderful team but this year I am
challenging the Department to help their neighbor more than they have in the past to assist
colleagues in need and to ensure that none of our attorneys are siloed in their respective practice
areas. We are moving more toward buckets of expertise. The second area of emphasis is cross-
training. By training staff in one another's practice areas,they can better support their team and
fill in for each other during heavy workflow times. This builds rapport among colleagues and
contributes to the trust and security of the team. It also helps us to make sure we are better able
to serve the City. Professional Development is an integral part of staying on top of the most
current legal issues. I want my team to know that they are encouraged in their growth as lawyers
and I want to give them the resources and encouragement to expand their skillsets and use their
knowledgebase to advance the mission of the City.
Ms. Steele continued, To support our objectives, I recognized four (4) areas that needed to be
adjusted in our budget. Moving through 2017 and into 2018, 1 will be filling two (2) attorney
openings and need to account for health insurance costs for all twelve (12) members in our
Department. This will help me to build and maintain our team. It will also help me to attract
talent who is looking for health insurance coverage. Retaining and rewarding top legal talent is a
growing priority for our Department. I would like to propose amending the salary cap to actual
adjustment to give more flexibility to increase salaries in 2018. A raise in salary depends on
positive performance reviews and successful achievement of identified departmental and
individual objectives. An important incentive for Assistant City Attorneys is to know their
Indiana Bar License fees, which are required to practice in the State of Indiana, are covered by
the Legal Department. I would like to support our team by funding their dues. That makes about
an eight hundred dollar ($800) increase in our budget. Staying current in the legal field is a
paramount concern, particularly when it comes to specialized municipal trainings, conferences
and seminars. I want my team to be competitive and well-versed in the prominent legal issues
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facing municipalities. Increased training will support their professional development as well as
their ability to serve the City.
Ms. Steele went on, The first challenge I have encountered since my appointment as the new
Corporation Counsel is the necessity of rebuilding the team. Just prior to my appointment,
Michael Schmidt accepted the position as Director of Purchasing. This has created two (2)
openings in our Department. Therefore, my most pressing goal in 2017 is to recruit and retain
two (2)new attorneys. Revising and reorganizing attorney assignments has already begun due to
our current staff shortage. Many members have stepped up to the plate and have taken on
additional assignments and responsibilities to assist in the interim coverage. Once we hire two
(2)new attorneys, we will have a solid delegation of assignments plus designated back-up
attorneys so we can make sure we are serving the City. The City's collection practice, managed
internally by Assistant Attorney Elliot Anderson,has surpassed its goals year after year thanks to
his organized and proactive record-keeping and management. We expect to exceed the 2015 and
2016 results at the end of 2017. Only eight (8)new cases were filed against the City in 2017,
thanks in part to an extremely proactive claims resolution strategy developed by Elliot Anderson
and Lawrence Wroblewski. There are less cases pending at this time than in any of the three (3)
years prior. Overall, we anticipate a net reduction in pending defense litigation from 2016 by the
end of 2017.
Ms. Steele continued, In 2018, the Legal Department will maintain its proactive risk-
management strategy to ensure that we continue our steady decrease in expenditures from the
Liability Fund#226. These results are thanks to an effective internal litigation management
strategy and a proactive claims resolution strategy. By the end of 2018,we aim to have
completed more field trainings with department supervisors and staff to further decrease safety
and risk incidents and claims against the City. Additional departmental goals for 2018 include
the completion of the bodycam contract and the mobilization corresponding software. This will
protect our officers and citizens by making transparent, empirical data and footage readily
available. The completion of this contract will necessitate the establishment of policies and
procedures for handling bodycam footage, which we will complete concurrently with the roll out
of bodycams. A further goal of our Department is to begin Lexipol for the South Bend Fire
Department which will ensure a web-based Fire Policy Manual, an integrated training
component to help our Fire Department operate more efficiently and effectively. We also plan to
maintain, or surpass, our 2015, 2016, and 2017 collections totals in furtherance of our City goals
in accountability and transparency. Above all, our 2018 goal is to continue supporting the City
departments and initiatives and provide excellent service.
Mr. Mueller stated, I want to share with the Council some of the progress and conversation
between the County and the City regarding the Historic Preservation Commission. Many of the
concerns that have been raised over the last few weeks are addressed in the most recent draft of
the Interlocal agreement. We will maintain continuity of staff,the structure will remain the same,
and what we are looking at is just the transfer of the staff members from the County budget to
the City budget. The City will be reimbursed at a rate of thirty-seven dollars and fifty cents per
hour($37.50/hr). No one can seem to find the original Interlocal agreement that was forged
between the County and the City. Years ago,the City had agreed to reimburse the County
$25,000 a year. The total budget, not including all over-head,was $132,000 year. The $25,000
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represented less than one fifth(1/5) of the entire budget. The County is looking to figure out their
fiscal situation and asked the City to pay more of the share. The City was open to that, but it
became clear that the amount of staff-time spent on city-properties was much higher than the
staff-time spent on properties outside the City limits. It then made sense to make this shift. The
County Council, in their budget, has appropriated three hundred (300)hours of work to start, and
if we surpass that, we would go back to ask for an additional appropriation. There are still a
couple sections of the Interlocal agreement being worked out but there are no major roadblocks
foreseen at this time.
Committeemember John Voorde stated, My only concern with the Historic Preservation
Commission move was to make sure the integrity and structure of the Commission remains the
same. I can see the rationale because most of the historic landmarks are in the City. Was it ever
considered to put this under the Area Plan Commission? What is the rationale in putting it under
Community Investment?
Mr. Mueller replied, That was one (1) of the suggestions made was to put it in Area Plan.
Currently it exists as its own entity, reporting up to the Commissioners. Before we figured out
the time difference, we thought we would reimburse for time spent inside the City and move it
under Area Plan. It really is the same sort of thing as we are putting it under our Planning Team.
Councilmember Davis stated, Oversight is my concern. Does the City of Mishawaka have a
Historical Preservation Commission?
Mr. Mueller replied, I am not sure but they are not part of our historical preservation.
Councilmember Davis stated, They run theirs. Have we looked at them to see some key issues?
Mr. Mueller replied, My understanding is they don't have nearly the number of historic
neighborhoods or properties that we do. I think they aren't a full-time dedicated group. It is
probably part of their planning team.
Councilmember Davis followed up, Will the County put up any monies at all as a thank you for
taking it over?
Mr. Mueller replied,No, but they have agreed to letting us use their ongoing facility for three (3)
years to figure out the storage of materials as we digitize and archive them.
Councilmember Jo M. Broden asked, The current structure of the Commission was
grandfathered in? Who has done the comparison of our current Commission with what was set-
forth when it was created?
Mr. Mueller replied, Our Legal Department's interpretation is that the Commission itself is still
operating under the 1973 Interlocal Agreement. The County Attorney believes it wasn't an entity
until later than that, but both the City and County Attorney believe that has no effect on the way
it operates in terms of staff and direction.
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Councilmember Broden then asked, Have we expressed other options and exhausted all
understanding of all the implications of what assuming these responsibilities are? I'm interested
in making sure we know we are able to make the transition go as smoothly as possible. I would
like to know more about the conversation between the lawyers as well as the composition of the
Commission itself.
Mr. Mueller replied, The only change contemplated here is moving the staff onto our payroll.
Councilmember Broden stated, But we are also absorbing a Commission. How can you foster the
autonomy to be sure the Historic Preservation Commission continues to serve preservation
interests?
Mr. Mueller replied, Our planning team deals with these types of issues all the time whether it be
development or other restrictions we want to see on land. We also believe Historic Preservation
adds important value in neighborhoods across the City. We have resources that the County didn't
have. So when we look at the Redevelopment Commission we are looking at the Lafayette
Building and the Fat Daddy's Building. If an entity says we need to preserve this building but no
one is willing to fund what it takes to save the building, we have just now created a building that
is crumbling apart that is not saved.
Kareemah Fowler, City Clerk with offices on the 4t' floor of the County-City Building, stated,
This move would also help with the enforcement piece. Once it is under the City, we could
enforce just like we do regular code violations through the Ordinance Violations Bureau and
through Code Enforcement.
Committeemember Voorde stated, Going forward this actually gives the Council more authority
over something that we have never had authority over before. From a budgetary standpoint, we
will appropriate money every year and also review their vision, goals and objectives. I look at
this as a positive thing.
Councilmember Davis asked, How much of this budget has to be a part of it right now? We don't
have all the information from the County. I do believe we need to have oversight. I just want the
Council to consider this.
Committee Chair White stated, The County will receive our concerns and I'm sure they will
address those. However, the Council needs to make a decision on this on October 23, 2017.
Councilmember Tim Scott stated, My understanding is that the County isn't going to fund this
fully no matter what, other than what is agreed upon here. I think there is going to be more
control. The information Councilmember Davis is asking for, I'm not sure the County even has.
Committeemember Regina Williams-Preston stated, I would like to know what is going on with
the Citizen's Review Board. The Mayor has stated the Board of Public Safety is, essentially, our
Citizen's Review Board. He also said that our Board has more power than most other similar
Boards across the county. However,the Administration has also made clear they want the Board
to be responsive to what is being asked for from citizens. The Public Safety position could be a
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point of contact for community members. What does that mean?How can we connect that more
directly and be more specific about how that relates to the possibility of understanding the entity
called the Citizen's Review Board? Before I feel comfortable looking at the specific position, I
would like to understand how that position will relate to the Citizen's Review Board. I think it is
a promising response and it makes sense but I want more tangible and specific information on
how it would be related. Our Chiefs bring things to the Board of Public Safety and they make a
decision on things, which is great because that gives power to the citizens. But if that is the only
way things are brought to the Board of Public Safety, how are we really getting at what is
happening and truly affecting the residents? Also, I would like to look at more proactive
approaches to solving all of these problems like homelessness.
Committeemember Voorde left the meeting at 5:57 p.m.
Councilmember Broden asked, What percentage of time from our Legal Department was
dedicated to Police and Fire?
Ms. Steele replied, Previously, my position covered Police, Fire and Animal Care and Control.
Half of my time went to Police and half of my time went to Fire. In changing the structure of our
Department, I split Police and Fire up. Now one (1) attorney's primary focus is Police and
another attorney's primary focus will be Fire. They will also have smaller departments they
support but in terms of making sure the public safety departments have the best support possible,
I found it would make sense to split them up.
Councilmember Broden then followed up, What do you feel are some of the skillsets that need
bolstering in your department?
Ms. Steele replied, A lot of what we are talking about is cross-training. Let's say, for example,
the attorney covering Police and the attorney covering APRA both know what each other are
looking for. We want to close the knowledge gaps. We want to develop each attorney to make
sure there are more individuals that can answer questions as they may come up.
Councilmember Broden then asked, What additional information could be provided about
collections aside from the money we are collecting each year? What is the collections to claims
percentage or ratio? What are we dropping? I see a number that we are collecting more each
year, but what is that related to?
Ms. Steele replied, We have a paralegal in our Department that works predominantly on the
claims and liabilities. We have focused on being proactive and addressing things as they come up
to try and decrease liability City-wide. When we talk about the number of cases or claims, we are
trying to make sure we are transparent. We have been trying to keep track of how much money
the City has brought in from what has been owed to the City. It has changed from the past few
years as we have gotten better. Nothing has been dropped in that process, we just want to make
sure we are tracking it better.
Councilmember Broden asked, Do you have any interns in your office?
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Ms. Steele replied, Yes we do. We have interns in our office each semester.
Councilmember Dr. Varner stated, I would like to know how much money we are providing for
Municipal ID.
Jen Hockenhull, City Controller with offices on the 12th floor of the County-City Building,
replied, The Municipal ID program is not funded at all by the City of South Bend. It all goes
through La Casa de Amistad. There are no receipts or disbursements budgeted for in the 2018
budget. The initial support money budgeted for was not spent last year.
Councilmember Dr. Varner then stated, I would like to know how many roads and streets will be
paved with the $1 million dollars received from the State because of the increased gas-tax.
Finally, I am in full support of funding,to any extent,the clean-up and upkeep of the
homelessness issue under the Main Street bridge.
Councilmember Davis stated, In 2014 our Council and Mayor signed the Citizen's Review
Board. Who appoints those people? The Board of Public Safety is appointed all by the Mayor. I
think it is a misnomer to say we are looking at only a two percent(2%) raise for the general
body. Many of these salary positions are in the double digits percentages. I think the public
would be stunned. I have great concerns on that. We have talked in the past about fair salaries. I
would like job descriptions for each of these positions so we can clearly justify these raises. I
would rather put this money into the streets.
Councilmember Broden stated, I concur with Councilmember Dr. Varner about the streets. There
are quite a few changes proposed in departments and I would like more clarity on those. I would
also like a further explanation on the line-item titled"Other"for each and every department.
Committee Chair White opened the floor to members of the public.
Marcy Reid, 55150 Mayflower Road, stated, My family has lived here for fifty (50)years. I
respect all of the input on the budget but I still don't understand. I'm hearing the County has
little funding and the City has little funding yet$25 million is being spent on the South Shore
rerouting. There are homeless. Is the rerouting going to bring back anything into our County and
City? I don't understand why this isn't a bigger issue to you all. It's not broken and why are we
trying to fix it?
Katherine Enders, 23037 Grove Road, stated, We are throwing money away for the relocation.
That money would be better used to improve all of Bendix Drive. That is so bad.
Jenny Garner, 55212 Sundown Road, stated, We are talking about paying people fifty percent
(50%)more than what they are making. Our cost of living is lower than a lot of other areas and I
don't think we should compete with other cities to raise that. We have a lot of good talent here. I
propose an oversight committee made by local historians for the Historic Preservation
Commission. Are we able to only approve a portion of the proposed$25 million? I don't see the
rationale of tearing down forty (40)to fifty (5 0) homes to save ten(10)minutes. We need to look
at a different area for this.
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Nate Levenassmunsen, 330 W. Colfax Avenue, stated, I would like to see more money allocated
to Economic Development. I would also like that money to go toward the most neglected parts of
the City.
Richard Collins, 55478 Moss Road, stated, I have given you all a copy of what we all think we
could do with the South Shore station. We could make some money on this. This area we are
talking about could save twenty (20)to twenty-five (25)minutes. We also have to service the
rest of the City and County with the South Shore line and we cannot do that at the airport. There
is not enough parking and not enough draw to the average citizen. I hope for the best. I am a firm
believer in housing. We cannot be building $125,000 or$100,000 homes. We have to build
affordable housing. We also need cops. We need cops on every corner right now because it is so
bad. I would not move to South Bend. I could get robbed. They might break in my front door and
kill my dog and kids. Let's put some cops and firemen on the street. Why can't we protect these
people in their homes? Do you ever go home at night and turn the TV on and somebody breaks
in your front door,tears your whole house up, wants to do what they want to do with the family,
and takes out the TV set? We can stop this. More cops,more housing, and let's get done what the
citizens need.
E-Lexus Thornton, 1517 Van Buren Street, stated, I would like to see money go toward an
initiative for building new infrastructure on the west side, for west side, by the west side. I feel
some money could go to the west side. I like the persona the Mayor puts on, it is progressive. I
really like people in office that really are progressive. All I see him doing is slowing down
traffic. I would like to see the budget go to something that actually implements change. We are
part of South Bend too. I would just like to see someone that is genuine about helping poor
people, home owners, and kids going through their education. I'm honestly getting ready to leave
South Bend. I don't really like Notre Dame. People are in their own little world. I don't really
like Honeywell either. The homeless people have bigger hearts than the people that have the
most influence in this country. I helped a homeless guy for a long enough time and he then
offered to help me. A man that had nothing was willing to help me. I would really like to see
somebody do the same thing.
Sharon Banicki, 3822 Ford Street, stated, I have received an unofficial response from IT. I was
unofficially told they have known for a year now that the software for Code Enforcement and the
Landlord Registry does not work. They have been trying to get the vendor they are paying to
support and fix it, and the vendor has refused. The Director of Purchasing is in the budget for
next year but how has the guy already left? I don't agree with all the spokespeople and PR
people that are being added to the budget. The Mayor has a part-time admin assistant to be a
liaison to the public, Public Works added a PR person, it is just adding another layer between the
citizens and the answers they are looking for. One (1) of the people is asking for more than a two
percent (2%)raise and I don't agree with that. John Murphy is proof that money isn't everything.
When he left the City, he took a$30,000 pay-cut to go to the County. You can't buy happiness.
It doesn't matter how much you pay the top people, if they're not happy and not working,they're
not going to stay.
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Jose Arevalo, 105 E. Jefferson Boulevard, stated, I have three (3) concerns. First is the double-
digit percentage increases in salary for City staff. I think that is too high. When fifty percent
(50%) of kids in public schools are on free or reduced lunches that gives an indicator that about
half of the population are low income. I think having all the high salaries is an audacious
situation. I work in real estate and do a lot of work in the community on real estate related
matters. We have talked about using new approaches using City monies for rehabbing houses in
the community. Instead of rehabbing by place costing $150,000 to do that, we are looking to
rehab by components that are most necessary. For example roofs and AC units. We can't ignore
the necessity for quality and stable housing. A survey we conducted identified that twenty-two
point eight percent(22.8%) are either uninhabitable or poor. We have to ask what we are doing
for real people every day.
Kurt Kohlsart, 2043 South Bend Avenue, stated, I would like to thank the Administration for
what you do. I've worked and lived many places but am from South Bend. I think we are on the
right path. I can't imagine what you have to deal with.
David Hurley, 831 W. Colfax Avenue, stated, I would like to reiterate the importance of funding
the housing line-item. I agree that increasing that amount makes sense. It is important to think
about the funding for housing as an investment, not an expense. It will leverage capital. I think
there are opportunities to tackle this issue. I would also like some action on the recommendations
from the vacant and abandoned houses task force. Most land is owned by LLCs and land trusts,
but I think this funding will help gain control of some of the houses right now.
Ms. Hockenhull stated, We will respond to the questions asked tonight via word document and
will publish that document.
With no further business, Committee Chair White adjourned the Personnel and Finance
Committee meeting 6:54 p.m.
Respectfully Submitted,
Karen White, Committee Chair
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