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HomeMy WebLinkAbout10-16-17 Personnel and Finance (#8) ��SpUT11 8��0 L� C W PEACE 1865 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 2 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 3 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. 4 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 5 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? 6 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. 7 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. 8 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 9