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Home My WebLink About02-13-12 Common Council Meeting Minutes REGULAR MEETING FEBRUARY 13, 2012 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 13, 2012 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: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the January 23, 2012 Meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Scott made a motion that the minutes of the January 23, 2012Meeting 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 SWEARING IN OF CITIZEN MEMBERS SERVING ON STANDING COMMITTEES Council Attorney Kathleen Cekanski-Farrand stated that the South Bend Common Council is making history tonight in light of that this is the first time that sixty-four (64) individuals have applied to sit on one of the ten (10) standing committees that have citizen members. Clerk John Voorde will administer the oath to those individuals. Thirteen (13) have been selected so far. She stated that this great response is a reflection of how interested the citizenry of South Bend are to get involved. She commended all the applicants. City Clerk John Voorde administered the oath of office to: Community & Economic Development Committee - Patricia Crowley, Zachary Raymond 1 REGULAR MEETING FEBRUARY 13, 2012 Community Relations Committee – James Burns, James Lee Health & Public Safety Committee – Kyle Chamberlin Parks, Recreation, Cultural Arts & Entertainment Committee – James Mazurkiewicz Residential Neighborhoods Committee – Kenneth Bradford, Jennifer Tindell Utilities Committee – Christine Sopczynski, Dawn Pontius RESOLUTION NO. 4147-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE WASHINGTON HIGH SCHOOL BOYS FOOTBALL TEAM FOR A TRULY MEMORABLE 2011-2012 SEASON Whereas, the Common Council of the City of South Bend, Indiana, proudly recognizes the 2011-2012 Washington High School Boys Football Team who went from 0-10 records in 2007 and 2008, to representing our great city in the first state title IHSAA Class 4A Game in Indianapolis since 1973; and Whereas, the Panthers electrified season included a regular season record of 6-3, with the team going on to decisively win all three (3) Sectional games, and the Regional and Semi-State games; and Whereas, the South Bend Common Council notes that Washington High School is guided by School Superintendent Dr. Carole Schmidt, Principal George McCullough, Jr., Assistant Principals Teresa Phillips and Jeremy Tucker, and the football team is guided by Athletic Director Chris Matthys, Head Coach Antwon Jones, Assistant Coaches Jarvis Edison, Jay Johnson, Weston Lambert, Chris Jones, Jr., John Christy, Maurice Wilkins, Jr., Reggie Brooks, Tony McWilliams, and Joel Bonder; and Student Managers Brandon Blount and Isaiah McWilliams; and they, along with their dedicated teachers provide all student-athletes with “…a diverse, challenging, and enriching education that fosters accountability, respect, and lifelong learning”; and Whereas, the Common Council would like to publicly recognize that the student- athletes of the 2011-2012 Washington High School Boy Football Team, namely: Jeremiah Johnson Alex Euriga Daiveon Perkins Amani Lee Kelly Kolat Levi Welch Jarvis Mitchell Derek Williams Daigien Morgan Houston Anderson William Howell-Bey Michael Taylor Gehrig Dieter Adam Gonzalez Chad Douglas Dustin Dennig Torriano Harris Matthew Clay Josh Laskowski LaVondale Reid Antwon Ivery Duron Ivery Luis Lopez Tye Thornsberry Alfonso Mack David Perkins James Toney Braelon Wilkens J’Lonnis Horton Alex Brooks Dontrell Newman Pedro Garcia Ira White Jarvis Mitchell Devonte Hughes Tyler Parish Shawn Caplinger Anthony Hall Terrance Bush Earl Quinn Kenny Jackson Byron Orvis Jalen Adams Enrique Nuzez Howard DavidsonRicardo Bedolla Francisco Ramirez Austin Traxler Tyon Belcher Jason Wilson Christian Campbell Lafay Flemming Jonathan Coleman Darrion Herell Stone Lewis Now, Therefore, be it resolved, by the Common Council of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council congratulates each & every student-athlete and the entire staff of the 2011-2012 WASHINGTON HIGH SCHOOL BOYS FOOTBALL TEAM for a most 2 REGULAR MEETING FEBRUARY 13, 2012 remarkable and memorable season, and for the South Bend Community for their enthusiastic support. Section II. The South Bend Common Council believes that the hard-work, discipline, talent and dedication of each of the student-athletes of the2011-2012 WASHINGTON HIGH SCHOOL BOYS FOOTBALL TEAM has enabled each of these individuals to be excellent role models for youth in our city. Each team member has brought the highest of honors to himself, his family, Washington High School, the School Corporation and all of the residents of the City of South Bend, Indiana. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Henry Davis, Jr. made the presentation for this Resolution by reading it in its entirety and presenting it to the members of the Washington High School Football Team. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Head Coach Antwon Jones thanked the Council for this honor. He stated that these students’ athletes excel not only on the field but in the class room as well. He thanked the entire community for their support in helping them get down to State and all the emotional support throughout the entire season. Councilmember’s Oliver Davis and Derek Dieter offered their comments and commended the 2011-2012 Washington High School Football Team. They congratulated the coaches for a job well done. They expressed their sincere thanks to the community for their support in helping the team achieve their remarkable and memorable season. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. MAYOR’S ANNUAL ADDRESS TO THE CITY COUNCIL PURSUANT TO SECTION 2-3.1 OF THE SOUTH BEND MUNICIPAL CODE th Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, offered his comments to the Washington High School Football Team and commended then on a great season. Mayor Buttigieg also thanked the South Bend Common Council Citizen Members who sworn in tonight. He stated that he commends them for their dedication of service to the City and looks forward to working with each member. Mayor Buttigieg advised that tonight what was always referred to as the “State of the City Address” is going to be a little different. He stated that because he has only been on the job a little more than a month, he would like to postpone the “State of the City Address” until Wednesday, April 11, 2012 at a to be determined location. 3 REGULAR MEETING FEBRUARY 13, 2012 Mayor Buttigieg stated that tonight he will present a state of finances and general condition of the City as statutorily required under Chapter 2, Article 1 of the South Bend Municipal Code Section 2-3.1. He stated that it has been a month and a half since we all st first took office on January 1. He stated that the first priority was to get his team up and running. He is pleased to report that he has an excellent staff in place in the Mayor’s Office working hard. He stated that he believes his office is the most diverse Mayor’s Office staff in the history of South Bend and draws on the talents of both experienced and new public servants. From day one literally his offices was coordinating with the Street Department and others to ensure that our snow removal efforts continued to excel and the residents were alerted to local road conditions. In Economic Development news, a new veterans clinic will be coming to downtown South Bend at the site of the Gates Building bringing tens of thousands of people to the downtown area and up to 100 jobs to the heart of the city. This move will also save tax money for the City of South Bend relative to our land acquisition plan and help veterans all at the same time. Mayor Buttigieg stated that he is committed to Education and has addressed the South Bend School Board. He stated that he detailed a five step approach to more city engagement with the school system. He stated that he has visited a number of public schools and classrooms across the city. He stated that all of our shared goals, Council and administration depend very much on good engagement with the school system and is pleased to report that there is a very receptive environment at the school corporation on the part of the board and the Superintendent for us to continue working together. He stated that his office has initiated a full strategic and structural review of the Community and Economic Development Department so that they have the right strategy and structure going forward to collaborate with all the other economic development groups in our community to retain businesses attract investment and create jobs. He stated that he also prepared to announce a vacant and abandoned housing task force to combat the blight in our neighborhoods. He stated that if he can get everyone around the same table he believes that they can expedite the demolition and rehabilitation of problem properties in our neighborhoods and focus on bringing sustainability and safety to our streets. He stated that the Council has always played an important leadership role in confronting this issue and he will be very much relying on the Council as we moved forward on this effort. He stated that they have sworn in the new City Controller Mark Neal and have had a terrific change of command ceremony initiating our new Fire Chief Chris Cox. He stated that if a certain proposal passes tonight he believes that the administration will be very strongly positioned to bring more outstanding department leaders into city government to serve the citizens of South Bend. He stated that he was elected in order to deliver change and improve City government and he needs the most qualified and experienced department heads in place in order to do that. Mayor Buttigieg advised that in personal relationships he has engaged with Mayor Dave Wood of Mishawaka and our leaders in County Government to discuss possible ways we can all partner to benefit the businesses and the families of our community. He stated that once again the reception there has been warm and productive. He stated that he is looking forward for many opportunities to collaborate. He stated that they welcomed the opening of the new Kroc Center on Western Avenue, something for which he can take no credit but in which he takes a great deal of pride. It is world class resource for fitness, family and fun and sits right at the gateway to the Westside. Mayor Buttigieg stated speaking of the Westside he made it a point of choosing the Charles Martin Center st as the venue for the 1 installment of the Mayor’s Night-Out/Mayor’s Night-In Program. He stated that it allows any citizens who wants to come face to face; one on one with the Mayor and the City Department Heads so that they can try to do some real time problem solving on the concerns or issues they have when its comes to neighborhood safety and city services. The response was tremendous and looks forward to holding these meetings every month and working with the Council to make sure that they are well attended and that they are resolving people’s concerns. The Code Enforcement is hard at work cleaning illegal dumping sites and thanked the Council for having had the vision and the commitment to extend funding for this program. He stated that they have now removed over 1.4 million pounds of trash illegally dumped in our neighborhoods. Mayor Buttigieg stated that last but not least they have responded to concerned e-mails from a 12 year old boy on the South Side who desperately wanted a stop sign near a dangerous intersection outside his home. Mayor Buttigieg advised that he is happy to report that the intersection of Donmoyer and High now has a safe four-way traffic stop thanks to this young man and to the Traffic and Lighting Crews in the City Engineering Division. He 4 REGULAR MEETING FEBRUARY 13, 2012 stated that this is a great example of how even the smallest of our citizens can have a big impact when they get involved by reaching out to their elected officials like members of this Council and himself. Mayor Buttigieg advised of the City’s financial overview and where we stand. He stated that this was the budget that was passed by the previous Council and proposed by the previous Mayor, but it is the budget that we are all working with. He stated that he will give an overview of where the money is and where it is headed and what they are doing with it. Mayor Buttigieg presented a power point (a copy of which is on file in the Office of the City Clerk.) He stated that there has been a lot of interest expressed in transparency and he wanted to make sure that he gave this cut that goes above the general fund budget that the Council may be accustomed to working with. This takes in everything this is every enterprise fund from sewers to waste water, TIF as well as the general fund itself. He stated that one piece may seem misleading if you were not aware that they had a late arrival of property tax funds in 2008/2009. So you have to take the average of those two areas. Mayor Buttigieg stated that bottom line is that they have expenditures fully funded in line with the revenues that they hope to collect, but that expenditure amount this year is budgeted based on conservative budget assumptions to be higher than the revenue that comes in and he believes his administration will be able to manage that number down to a lower number. Regardless, this is a fully funded budget and reflects variations in TIF and other funds from year to year. Mayor Buttigieg stated that the General Budget is balanced down to the last cent and has to be. He stated that he expects revenues and expenditures will be in line still lower than they would have been prior to the property tax caps kicking in. He stated that again the 2008/2009 revenue numbers could be a little distracting but really think of the average of those two to get a sense of where they stand, $64.3 million this year. Mayor Buttigieg stated that they have substantial revenue coming in through what is classified as special revenue this includes the motor vehicle highway funding which is up this year and public safety local option income tax which is down this year and there is a little spike around 2010 when the city received an urban development action grant or UDAG funding likely to be one time. In the debt and capital project column is where you will find COIT and EDIT funding. Enterprise funds have a much higher level of revenue this last two years that reflects increases in the sewer rates which were required in order to comply with the federal mandates for combined sewer overflow management. That is one of the single biggest drivers that was reflected on the first page of the power point where they have revenue and expenditure climbing. He stated that you will also see in Redevelopment what looks like a real spike in 2010 as well as from 2008 to 2009, and stressed that it is the way that property taxes were disbursed in an irregular fashion at that time. He stated that Redevelopment revenue is down that has to do with our decision not his administrations st decisions but South Bend’s decision to retire the 1 of the South Side Development Areas. A good example of how TIF can run its course and then those revenues can be returned to other property tax users. Mayor Buttigieg stated that this is another cut he wanted to show how some of these taxes and other funds are collected. Property taxes remain the single biggest source of support even though those levels have been constrained by State Legislation. Charges for services reflect wastewater and sewer collections as well as such things as the fees for building permits. Local income taxes is plugging a significant would be gap in property tax revenue. The $18.5 million dollars includes Local Option Income tax as well as the EDIT and COIT funds. Mayor Buttigieg stated that is how it comes in and here is how it goes out: The general fund allocation for this year will be $64.3 million. He stated that they have allocations of $38 million in the special revenue areas debt & capital projects funds account for $23 million. You will notice a real increase in the enterprise funds again this is driven by an unfunded federal mandate, which will ultimately be to the tune of about $500 million dollars to upgrade our wastewater so that they no longer will have overflows in dry weather and wet weather that would put us out of compliance with federal regulation. The Redevelopment expenditures track the Redevelopment Revenues as was explained earlier. Mayor Buttigieg advised of what applications these funds go to. Again when you zoom out from just the general fund what you see is water and sewer accounts are most of the money that flows through city accounts. However, this is generally not what you would think of as discretionary funding; this is coming in on bills and is going out in day to day services. Mayor Buttigieg advised regarding public safety if you take in everything that they allocate to that including special funds it is actually bigger than the general fund itself at $78.6 million dollars followed by Economic Development, Culture & Recreation and 5 REGULAR MEETING FEBRUARY 13, 2012 then Engineering. Regarding General Government, the Mayor stated that most citizens would be surprised to know accounts for less than 3% that’s overhead administration less than 3% of our spending in Code, Sanitation, Building Department account from the smallest chunks of revenue and expenditure. He stated that if you open up the General Fund here is where you see that public safety accounts for the vast majority of the discretionary funding. This has been an increasing proportion and now stands at 83%. He reiterated that general government, engineering, streets, code enforcement, culture & recreation and parks considerably less proportionately than we invest in public safety in this community. He stated that over time you can see more clearly is that we are under pressure and have been responding as a city to that pressure by reducing overall expenditures in the general fund from what they were prior to 2008 when they began to look at the prospect of property tax caps. Mayor Buttigieg stated that it is important that the citizens and Council be aware that they now operate city government with considerably fewer people than was the case 10 years ago. The number of full time employees is down to a total of 205 since 2002. He stated that they have been able to hold public safety employment relatively steady although it hasn’t been without a reduction. There have been proportionately much steeper reductions in the enterprise funds that again incorporate sewer, water as well as the street department. The Street Department is operating with something close to half of the former strength, some of that is made up for that in the enterprise funds, but he did not want anybody to get the impression people are just moving around. They have far fewer full time employees now then we had 10 years ago. He hoped everyone was still awake and stressed that he is looking forward to a future address in April which he will be able to address any follow- up. He stated that he would be happy to take any questions. He stated that he believes they have a budget which while very much constrained is adequate for his administration to deliver on the needs of this city and working together they will still be able to deliver major improvements in efficiency, transparency, and cost effectiveness through the best possible management and leadership. REPORTS OF CITY OFFICES There were no reports of City Offices. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:53 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember White, 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 White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 84-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE THE CITY OF SOUTH BEND CERTIFIED TECHNOLOGY PARK FUND (#439) Councilmember Oliver Davis made a motion to amend this bill. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski-Farrand read the amendment into the record: Amend Section I to add the following sentence at the end of the current language: “An annual report on proposed short and long-term expenditures shall be filed by the South 6 REGULAR MEETING FEBRUARY 13, 2012 Bend Redevelopment Commission with the Office of the City Clerk, no later than the end of the first quarter of each year.” Councilmember Karen White, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Neal advised that effective January 1, 2009, the City of South Bend, Indiana and the City of South Bend Redevelopment Commission entered into a Certified Technology Park Agreement with the Indiana Economic Development Corporation. Mr. Neal stated that each redevelopment commission with a certified technology park is required by I.C. 36-7-32-23 to establish a separate certified technology park fund (“CTP Fund”) to receive property tax proceeds, state gross retail and use taxes, and other revenue. Money deposited in the CTP Fund may be used for the acquisition, improvement, construction and maintain of public facilities, debt service and other permitted uses under I.C. 36-7- 32-23 in connection with a certified technology park. Mr. Neal stated to accomplish this; it is in the best interest of the City of South Bend to establish a City of South Bend Certified Technology Park Fund #439. Fund #439 will be a capital project fund for financial reporting purposes and will earn interest on outstanding cash balances. Fund #439 will be subject to annual appropriation by the City of South Bend Redevelopment Commission. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given the 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 Varner made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Henry Davis stated that he would like to work together with Representative Dvorak to help him get some new legislation passed down state dealing with nanotechnology. He stated that he believes it would be very beneficial for the City of South Bend to show Rep. Dvorak support for his legislation. He stated that nanotechnology is the future of South Bend BILL NO. 01-12 PUBLIC HEARING OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10119-11 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS WITHIN DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2012 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis made a motion to amend this substitute bill. Councilmember Derek Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 7 REGULAR MEETING FEBRUARY 13, 2012 Councilmember White, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and due to lack of time in committee are continuing discussions of this bill in the Committee of Whole. th Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Butigieg advised that the purpose of this bill is to update certain job titles and to bring the pay caps for certain key city positions more into line with what they are in other states. There was not an opportunity to share the date on these slides during the committee meetings. He stated that he wanted to clarify for the benefit of the public what they are doing. He stated that he is asking for the opportunity to update the salaries for City Controller, City Engineer, City Attorney, Director of Public Works, Executive Director of Community and Economic Development, Director of Human Resources and the Director of Information & Technology, in order to make them more competitive. He stated that they are also making a number of changes to titles that do not have any accompanying changes or increases in salary. This is because the title for any job is actually set by ordinance and to change the title for example an assistant to the mayor to a chief of state even with no increase in pay requires and action of the Council. He stated that they are also creating a position of Deputy City Controller, but this does not add to the staff of the City Controller it takes from a Director of City Finance slots and converts it to a Chief Deputy in that department. Mayor Buttigieg stated that as you might be aware he likes data and charts, so he presented a power point presentation (a copy of which is on file in the Office of the City Clerk) and what this power point represents is that his office has pulled together some data from other cities as well as some other numbers that are relevant to this bill. He stated that the averages are from the Cities Anderson, Bloomington, Evansville, Ft. Wayne and Hammond. He stated that with the exception of Ft. Wayne those cities are around the size of South Bend. Anderson is quite a bit smaller, but when you take a look at what they allow themselves to compensate these key positions compared to South Bend you will often find that we are behind. He stated that there are some out of state cities, just for comparison, similarly size or otherwise comparable from Illinois, and New York. The BLS median is based on Bureau of Labor Statistics Data who are people in the workforce in general comparable roles and might expect to be paid. Mayor Buttigieg stated that he would like to make one other thing clear and by looking at the data it looks like the City Attorney is grievously underpaid and that he is asking to institute a massive salary increase, bear in mind that is currently a part-time position and he is now requesting that position be made a full-time position, so it is actually not even a pay increase when you look at it on a per hour basis. He stated that the reason that he is asking for this is because these are positions where he either found that there is difficulty recruiting somebody to take the position or the job description is changing in terms of what his administration expects of the person in that position prior to what was previously expected or both. He stated that it was the discovery that we are all being paid substantially less than even smaller communities for similar work that lead him to realize that they may have a recruiting challenge in staffing some key outstanding departments in the future and by the future he means the very near future because he would like to get a lot of these positions filled immediately. He stated that a good example is the Director of Public Works. Mayor Buttigieg stated that he is trying to replace a retiring Director of Public Works who widely regarded as one of the best in the United States and are trying to do it at a salary that is considerably lower than what a Director of Public Works working in another city even a smaller city like Anderson can expect to make. Another thing that is very important to understand is that this bill is already paid for and does not involve adding one penny to general fund expenditures it does not involve adding one penny to taxes. This draws on a line item that was passed by the previous Council and is a matter of fact comes $100,000 below what the Council appropriated. He wanted to make sure that everyone understands that this is not new spending. He is asking for the flexibility to use those salary caps in an adjusted fashion and to spend the budget according to how it was passed last year. He also wanted to stress that he is not asking for us to pay these positions the way that they are paid in the private sector. There is an understanding that public servants are often compensated quite a bit less than there counterparts in the private sector. He stated that all is asking for is a chance to make it closer to what the rest of the public sector pays in 8 REGULAR MEETING FEBRUARY 13, 2012 other cities in a State like Indiana. He stressed that in many cases this could pay for itself. He mentioned earlier in his financial address that the City in embarking on its largest environmental public works project in the history of the community. The bill for that project is somewhere in the neighborhood of $500 million dollars. If we have a leader who is talented and experienced and qualified enough to identify even a 1% savings through better leadership of the department that person is saving $5 million dollars for the taxpayers of the City of South Bend. He also stressed that he recognizes these are difficult economic times and is not seeking this lightly for that very reason he took a pass on opportunity to have his own pay raise that was passed by the previous Council. He stated that he donated that back to the City. He stated that he would not be asking for this if he did not think it was very important for these positions. He also stressed that these are not salary levels these are maximum salary levels and the more head room that they have in being able to attract good candidates the less necessary it would be to offer the maximum salary allowed by the law just to get the applicant they would like through the door. He stated that he does not know whether this is a popular bill. He stated that he does know that it is very important to his effort to deliver on what he was elected to do, which is to deliver major improvements in the transparency efficiency and cost effectiveness of city services. He stated that he believes having the right people in the right positions is critical for our organization just as it is for any organization. Mayor Buttigieg believes that this may be one of those moments that they are called upon to make a distinction between what is popular and what is wise. He stated that he believes this to be wise enough that by the time all of us are facing the voters accountable for our decisions the improvement and the difference that this will have made will be seen and very easy to defend indeed. Councilmember White stated that due to the lack of time this afternoon in the Personnel & Finance Committee this will be the opportunity to ask questions of the petitioner. Council Member Dieter asked what parameters are going to be placed on the new employees to be required to live within the City Limits of South Bend. Mayor Buttigieg stated that he would make every effort to encourage anybody who is new to the community to locate in South Bend with all the influence at his disposal. He stated that it is not part of the letter of the law in terms of the bill he is brining before the Council. He stated that this is something that he believes in as well. He stated that it is a great benefit for anybody who is being paid South Bend funds to work on South Bend issues to live within the City Limits if at all possible. Councilmember Gavin Ferlic asked if the Mayor had candidates identified or potential candidates identified for these positions. Mayor Buttigieg stated yes, in many cases though he does not have as many candidates or as experienced candidates as he would because he has not been able to provide them with any certainty about what the salary is going to be. He stated that there is very much an urgency here and very much appreciates Chairperson White being flexible about the committee process in recognition of the urgency that he and his administration face in filling some of these key posts. Councilmember Varner questioned Mayor Buttigieg what he meant by with better hires perhaps savings could be accrued. Councilmember Varner stated that with the prior administration they came to the Council with the automated garbage trucks and the savings that it would have on manpower. He stated that when he reviewed the budget the following August to look for those savings he did not find them. He asked the Public Works Director and was given the answer that those positions were reassigned to other positions. He stated that he doesn’t doubt that there were savings. However if those savings are used for something else and are not used productively and are not reflected at some point and time don’t mean a whole lot. Those savings need to be quantified and objectively point to them. He stated that he still has doubts about this bill, but hopes that Mayor Buttigieg proves him wrong. 9 REGULAR MEETING FEBRUARY 13, 2012 Mayor Buttigieg stated that he hopes for the opportunity to prove Councilmember Varner wrong. He stated that he is trying to fill the Public Works Director position and it is very difficult because the prior Director was one of the top 5 in the country. He stated that what this bill does is allow him the head room to get a qualified candidate. Mayor Buttigieg stated that he understands Councilmember Varner’s concerns and stated that it is frustrating to be promised savings and not have the results come through. Councilmember Fred Ferlic stated that he fully endorses the Mayor’s proposal. He stated that for too long our city has not had a business model, a way of doing business. He stated that in the era of globalization we need business models. He stated that the Mayor can provide the metrics to fulfill his goals he needs to hire the best people to do the job and achieve those goals. Councilmember Valerie Schey stated that it might be worth examining the opportunity to put a performance based incentive program in place for the City’s Department Heads with measurable outcomes and measurable metrics. She stated that she thinks that would be a positive thing moving forward. Mayor Buttigieg welcomed Councilmember Schey’s suggestion and looks forward to working with the Council during the budget process and this is something that they can explore. Councilmember Henry Davis stated that in the newspaper he was quoted as saying that he was against this proposal, however, he may have implied that but he did not say that. He stated that he has some great deal of concern so he is here tonight with an open mind as a Councilmember. He stated that after talking with his constituents many of them were very unhappy with this proposal. He stated that one of his constituents stated that he could not understand someone receiving a pay raise when they were just coming in door. Councilmember Henry Davis asked the Mayor how long has he been recruiting for these positions. Mayor Buttigieg stated since the day he was elected. Councilmember Henry Davis asked the Mayor if he has exhausted all avenues in trying to find people for these positions at the current salary level. Mayor Buttigieg stated that they have reached a plateau. In order to attract the kinds of qualified and experienced candidates he would like to attract to apply or among those who did apply in order to get some of the most qualified that he would like to employ to come were are going to need to offer more competitive pay. Councilmember Henry Davis asked Mayor Buttigieg where he is looking for these candidates, locally, regionally, or nationally. Mayor Buttigieg stated that this is a national search. He stated that he relies on everything from people approaching us, to us reaching out in the community, which is where he first looked because he does believe it is important for South Bend residents to hold these jobs, but also outside the community, if that is where they can find qualified people. He stated that he does unfortunately talk to some people nationally who seem like they could bring a terrific amount of experience and qualification to the job only to be in the rather embarrassing position of having to tell them when the conversation comes to pay that South Bend pays them less to do the same job that they are already doing currently with less responsibility in a smaller community. He stated that he is less concerned with someone getting a pay raise coming in the door than making sure that we are not asking people to take an unreasonably big pay cut just to come work for us. Councilmember Henry Davis asked Mayor Buttigieg why he used some of the cities like Anderson, Bloomington, Evansville, and Ft. Wayne as examples of comparison and not Gary. 10 REGULAR MEETING FEBRUARY 13, 2012 Mayor Buttigieg advised that he used cities like Anderson, Bloomington, Ft. Wayne and Evansville that were roughly comparably to South Bend. He stated that they took an average of those cities. He stated that he did not look at Gary because they are quite a bit smaller than South Bend; they do pay considerably less than South Bend does for these jobs, but he stated that he did not think we should be emulating Gary in this respect. Councilmember Henry Davis stated that he has heard a lot of discussion on private sector pay versus public sector pay and wondered how this applies. Mayor Buttigieg stated that the private sector and the public sector are different. He stated one thing that he hopes we do emulate in the private section here in the public sector is the way that we respond to each other. He stated getting one another information, returning one another’s phone calls, a good example of showing up on time. Habits that are considered very important in the private sector that we all here in the public sector should probably do to adopt. The public sector is different and he is not asking for private sector pay, he is asking for us to be more competitive with the rest of the public sector. Councilmember Scott agreed that they were elected with the idea of change and employing old rules and expecting change doesn’t always work. He stated that he believes when you hire people they are assets and they typically will bring more to the table than what you are actually paying out in returns. He stated there are different ways in measuring returns. He stated that when he has hired people and worked on department budgets is that he has an idea or plan of how they are going to get some of those savings back, either by increasing salaries or bringing in talent. He asked the Mayor if he had KPI’s or plans that they are looking for these departments or are they looking for these talented people to come in a help implement savings. Mayor Buttigieg stated that it is a little bit of both. Mayor Buttigieg clarified KPI (Key Performance Indicators). He stated that is very important to him to be able to set those targets. He stated as one person overseeing over a dozen direct reports there is only so much that his office can do. He stated that he does rely on collaboration with the department heads. He stated that it is his expectation is that leaders of departments in collaboration with citizens, members of the Council who express the priorities of the people and himself can come together and commit to certain targets and then they will agree to be held accountable for the performance. Mayor Buttigieg yes that is important and they do have a head start on it, and as a matter of fact the new controller has some new expertise in City Government and how to use that style of management. He stated that he just doesn’t know if they can get there if we don’t have top leadership who will wind around that idea, buy into it, and get the ball rolling. Councilmember Oliver Davis asked the Mayor if he started looking to hire after the general election or January 1, 2012. Mayor Buttigieg stated in November. He stated that he did not want to jinx himself, but he actually started looking to recruit after May. Obviously that did not become official until November. He stated that is when he opened up his transition committee, set up the website so people could apply and went through the formal motions of interviewing and staffing key departments. Councilmember Oliver Davis thanked the Mayor for clarifying the start date. He felt the timing of the filing of this bill was a little hasty if the recruitment process was only started January 1. Councilmember Oliver Davis stated that if the bill would not pass tonight he hoped that the Mayor would keep looking to fill those key positions with candidates just as he has for other key positions that he already filled in his administration. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given the opportunity to be heard. 11 REGULAR MEETING FEBRUARY 13, 2012 The following individuals spoke in favor of this bill: Don Reinke, 416 N. Main Street, South Bend, Indiana, stated that he believes in Mayor Pete’s cry for attracting qualified candidates. He stated that with the best and the brightest we can avoid embarrassments like the Family Dollar. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, spoke in favor of this bill. He stated that the city has always been blessed with many dedicated individuals doing their jobs above and beyond. He urged the Council to favorable consider this proposal. Gary Gilot, Citizen Volunteer, stated that the Mayor will be replacing the Board of Public Works Director and the City Engineer positions. Mr. Gilot noted that as the prior Board of Public Works Director he can speak from experience that the Director of Public Works position deals with a budget of approximately $65 million dollars a year, $40-$50 million in capital projects. He stated that the Mayor needs to be able to recruit candidates who are experienced and qualified. He asked the Council for their favorable consideration. Kyle Chamberlin, 626 Peashway, South Bend, Indiana, spoke in favor of this bill. Mr. Chamberlin stated that the move from a part-time City Attorney to full-time Corporation Counsel will allow for risk analysis and savings on legal advice two key factors that the Mayor and his administration will rely on. He urged the Council for their favorable consideration. The following spoke in opposition: Gary King, 730 N. Hill, South Bend, Indiana, spoke in opposition to this bill. Mr. King stated that the Council will be setting a precedent. He urged the Council to vote against this bill. There being no one else 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 as amended. Councilmember Ferlic seconded the motion which carried. The bill was sent to the full Council favorably by a roll call vote of five (5) ayes (Councilmember’s Scott, Schey, Fred Ferlic, Gavin Ferlic, and Dieter.) and four (4) nays (Councilmember’s Henry Davis, Varner, Oliver Davis, White.) RISE AND REPORT Councilmember Henry Davis, Jr. made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole 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 9:08 p.m. Council President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING 12 REGULAR MEETING FEBRUARY 13, 2012 ORDINANCE NO. 10148-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE THE CITY OF SOUTH BEND CERTIFIED TECHNOLOGY PARK FUND (#439) This bill had third reading. Councilmember Varner 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 Varner made a motion to pass this bill as amended. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10149-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10119-11 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS WITHIN DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2012 This bill had third reading. Councilmember Gavin Ferlic 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 Scott made a motion to pass this bill as amended. Councilmember Fred Ferlic seconded the motion which carried. The bill passed by a roll call vote of five (5) ayes (Councilmember’s Scott, Schey, Fred Ferlic, Gavin Ferlic, and Dieter.) and four (4) nays (Councilmember’s Henry Davis, Varner, Oliver Davis, White.) RESOLUTIONS RESOLUTION NO. 4148-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 505 E. BROADWAY, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: 13 REGULAR MEETING FEBRUARY 13, 2012 SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 505 E. Broadway Street, South Bend, Indiana in order to permit a Special Exception Use to allow for a community center and a reduction of the seven (7) parking spaces to four (4) SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The 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 Oliver Davis, Chairperson, Zoning & Annexation Committee, reported that this committee held a public hearing this afternoon on this bill and voted to send to the full Council with a favorable recommendation. Mr. Mark Lyons, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow a community center in a “SF2” District, on property located at 505 E. Broadway. The Area Board of Zoning Appeals held a public hearing on January 4, 2012 and send this bill to the Common Council with a favorable recommendation. Mr. Pat Lynch, South Bend Heritage Foundation, 803 Lincoln Way West, South Bend, Indiana made the presentation for this bill. Mr. Lynch advised that South Bend Heritage Foundation is seeking the Special Exception to allow for a community center in a “SF2” District located at 505 E. Broadway. Mr. Lynch advised that they are the developer of the proposed community center and leasing office. He stated that the community center is part of a larger development that is 14 REGULAR MEETING FEBRUARY 13, 2012 currently under say. Mr. Lynch stated that they are renovating 54 existing apartments which are contagious just immediately to the north called New Heritage Homes Southeast. He asked the Council for their favorable consideration. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak in favor or opposition to the resolution at this time. Councilmember Varner made a motion to adopt this resolution. Councilmember Oliver Davis seconded the motion. The resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4149-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3826 NIMTZ PARKWAY, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 3826 Nimtz Parkway, South Bend, Indiana 46628 in order to permit construction and operate a telecommunications facility on a property classified light industrial. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 15 REGULAR MEETING FEBRUARY 13, 2012 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The 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 Oliver Davis, Chairperson, Zoning & Annexation Committee, reported that this committee held a public hearing this afternoon on this bill and voted to send to the full Council with a favorable recommendation. Mr. Mark Lyons, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow three (3) 90’ radio communication towers in a “LI” District, on property located at 3826 Nimtz Parkway. He stated that the Area Board of Zoning Appeals held a Pubic Hearing on January 2, 2012 and sends this bill to the Common Council with a favorable recommendation. Ms. Kerry Wallace, Charles S. Hayes, Inc., 814 Marietta Street, South Bend, Indiana, made the presentation for this resolution. Ms. Wallace advised that they intend to construct three (3) ninety (90) foot self support radio communications structures at a site that is owned by Charles S. Hayes, Inc. at 3826 Nimtz Parkway in South Bend. She stated that this project will supplement an existing facility at they have at that location. Ms. Wallace stated that it will be designed as a global communication hub to be part of a wireless network providing data communications covering large international areas. She noted that it will further develop their market to new technologies utilizing fiber optics and other data interfaces promoted in the area to be part of a global network. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak in favor or opposition to the resolution at this time. Councilmember White made a motion to adopt this resolution. Councilmember Oliver Davis seconded the motion. The resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 12-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 17917 SR 23, SOUTH BEND, INDIANA Councilmember Varner made a motion to continue this bill until the March 26, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 16 REGULAR MEETING FEBRUARY 13, 2012 RESOLUTION NO. 4150-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING TO THE BOARD OF PUBLIC WORKS THAT IT DESIGNATE MARTIN LUTHER KING DAY AS ONE OF THE HOLIDAYS FOR SOUTH BEND CITY EMPLOYEES BEGINNING IN CALENDAR YEAR 2013 , Whereas on November 2, 1983, President Ronald Reagan signed a bill, proposed by U.S. Representative Katie Hall of Indiana, which formally created a federal holiday to honor Rev. Martin Luther King, Jr. The first observance began on January 20, 1986, and has been celebrated each year thereafter on the third Monday of January; and , Whereas in 1986, the Indiana General Assembly enacted Public Law 2-1986 which established Martin Luther King, Jr’s, birthday as a legal holiday in Indiana, and further designated that the holiday would be the third Monday in January; and , Whereas the county employees in St. Joseph County and Elkhart County have the opportunity to celebrate MLK Day activities in light of the Board of County rd Commissioners for both of those counties formally designating the 3 Monday in January as a paid county holiday; and , Whereas the Common Council recognizes that the Board of Public Works specifies the dates each year which will be observed as the nine (9) designated holidays and that during challenging fiscal times in 1987, Martin Luther King Day became one (1) of nine (9) non-designated holidays which a city employee could select and has remained in that classification to this day; and , Whereas, the Common Council believes that South Bend City employees who are governed by the Board of Public Works holiday resolution should have the opportunity to celebrate Rev. Martin Luther King, Jr. Day as a designated holiday on the rd 3 Monday of January like other county and federal employees; as well as employees of the South Bend Community School Corporation. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, , Indiana as follows: Section I. The South Bend Common Council believes that discussions should commence with the City Administration to formally change Martin Luther King, Jr. Day from the “non-designated holiday” list to become a designated holiday for city employees governed by the Board of Public Works. Upon successful conclusion of those discussions, an ordinance would then be introduced to amend South Bend Municipal Code, Section 2-121. 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/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Mayor Pete Buttigieg, Mayor 17 REGULAR MEETING FEBRUARY 13, 2012 Councilmember White, Chairperson, Personnel & Finance Committee reported that this committee held a public hearing on this resolution this afternoon and voted to send it to the full Council with a favorable recommendation. th Councilmember Oliver J. Davis, 6 District Councilmember and Councilmember Henry nd Davis, Jr., 2 District Councilmember made the presentation for this resolution. Councilmember Oliver J. Davis and Henry Davis, Jr., read the resolution in its entirety. They advised that they are co-sponsors of this bill to prompt discussion with the City rd Administration in the interest of having the 3 Monday of January designate Martin Luther King Day, Jr. as a city holiday in South Bend. They noted in the resolution, the City of South Bend is conspicuously absent in this day being an official city holiday. The advised that the State of Indiana, St. Joseph County, Elkhart County and the federal government are some of the many who designated this day as an official holiday many years ago. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this Resolution: th Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that he is in favor of this Resolution. He will welcome it during the discussions with the Board of Public Works. Hughey Schobey, (no address given), stated that he has been a resident of South Bend for 52 years. He stated that Dr. King fought for the advancement of civil rights. He worked to end racial segregation and racial discrimination. He stated that the prior administration did not seek to include Dr. King’s day as a City holiday. Mr. Schobey stated that it is long overdue and urged the Council’s favorable consideration. Don Reinke, 416 N. Main Street, South Bend, Indiana, stated that he supports this resolution whole heartedly. He urged the Council’s favorable support. Rev. Henry L. Davis, Sr., South Bend, Indiana, spoke in favor of this bill. He stated Dr. King worked not only for black people it was for all people. He brought equality to the heart of people. He stated that to honor his day would be to honor a day of reflection. He stated that it is not just a day to reflect on what Dr. King’s accomplishments were, but a day to reflect on what can be done today and in the future to continue Dr. King’s work. What will we contribute and what motivates us in this life. He stated that he believes that if Dr. King were white a white man we would be honoring him. He stated that he is stating it the way it is and that is his opinion. Gary King, 730 N. Hill Street, South Bend, Indiana, spoke in favor of the Resolution. Mr. King stated that he is proud to share a name with such a great man of his stature and leadership. He stated that when we celebrate Dr. Martin Luther King, Jr., Day, it is not a day off, it’s a day on. He stated that if you have ever had the opportunity to come to the County-City Building and participate in the rally, hear the choirs sing, hear the speeches and go to the work shops at Century Center. He stated that it is a day to find out what people are thinking. He urged the Council to consider it is a day off but a day on in the idea of service. He stated that it is a day to get together with other people in the community to share ideas and to find out how we can make this a better place. He stated that when he has been able to participate in the activities it was very uplifting. He stated that all the city employees who want to participate in the days activities should have the opportunity. Mr. King strongly urged the Council’s favorable consideration. Councilmember Fred Ferlic stated that he disagreed with Rev. Davis’ comments. He stated was uncertain of the financial ramifications of designating another holiday for the City. He stated that his employer only allows six paid holidays. Councilmember Ferlic stated that until his financial questions could be answered he would be voting in opposition. 18 REGULAR MEETING FEBRUARY 13, 2012 There was no one else present wishing to speak in favor or in opposition to the Resolution. Councilmember Gavin Ferlic made a motion to adopt this Resolution. Councilmember White seconded the motion. The Resolution was adopted by a Roll Call vote of eight (8) ayes and one (1) nay (Councilmember Fred Ferlic.) RESOLUTION NO. 4151-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THRESHOLDS AND CRITERIA BE DEVELOPED WHEN PUBLIC TAX DOLLARS ARE TO BE INVOLVED TO ASSIST IN LEVERAGING ECONOMIC DEVELOPMENT WITH THE PRIVATE SECTOR , Whereas last Fall, the South Bend Common Council adopted Resolution No. 4127-11, which encouraged collaboration between the City Administration, the Redevelopment Commission and the Common Council in the interest of discussing possible options to assist in attracting private investors to provide equity invest for the rehabilitation of the Chase Tower located at 211-213 West Washington in the heart of downtown South Bend; and , Whereas the Council further notes that Bill No. 81-11 which proposes financial assistance for the Chase Tower is pending in the Council’s Community and Economic Development Committee and is scheduled for public hearing on February 27, 2012; and , Whereas Indiana state law sets forth the executive authority and the primary day- to-day activities with the Mayor under Indiana Code § 36-4-4-3; and the legislative authority of the city is with the Common Council as set forth in Indiana Code § 36-4-4-4; and , Whereas the Council acknowledges that “City Plan” was adopted when Resolution No. 3657-06 was adopted which addressed among other things an “Implementation Action Plan” information on expanding economic opportunities; ensuring quality designs; planning and analysis which are in the best interests of the city. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, , Indiana as follows: Section I. As discussions continue on what role, if any, the City of South Bend should play with regard to potentially providing financial assistance to foster growth in downtown South Bend, discussions of the following criteria or similar thresholds may be in the best interests of the City: 1.Whether a dollar amount threshold should be established and upon that amount being set, that additional criteria be used to assist in the evaluation process for all potential developers on a specific project; 2.Identification of potential revenue stream(s) which may be under consideration for assistance with the current balances of each, and the proposed uses (short and long-term) for each being listed; 3.Analysis of the potential design/redesign, construction/reconstruction, operation, management, or financing of the cost of the project; 4.Detailed identification of projection costs and the respective responsibilities of all parties in any public-private partnership meeting the dollar threshold addressed in ¶ 1; 5.Discussion of retaining any percentage of revenues received in the operation and management; 19 REGULAR MEETING FEBRUARY 13, 2012 6.Discussion of capital outlay costs and the interest and principal repayment; 7.Discussion of the costs associated with operation, management and maintenance; 8.Discussion of any return on investment to the city; 9.Discussion of requirements of performance bonds; 10.Discussion of the applicability of common construction wages. Section II. It is believed that if baseline criteria are first established, then all potential developers would be treated fairly and equitably since a level playing field would be in place and notice of the guidelines would be available to all those wishing to be considered for assistance. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. th s/Oliver Davis, 6 District Council Member nd s/Henry Davis, Jr. 2 District Council Member Councilmember Henry Davis, Jr., Chairperson, Community & Economic Development Committee, reported that this committee held a public hearing on this bill this afternoon and voted to send this Resolution to the full Council with a favorable recommendation. th Councilmember Oliver J. Davis, 6 District Councilmember and Councilmember Henry nd Davis, Jr., 2 District Councilmember made the presentation for this resolution. Councilmember Oliver J. Davis and Councilmember Henry Davis, Jr., advised that they are co-sponsors of this Resolution to promote discussions of meaningful methods and criteria as to when city dollars may be appropriate to be used to help leverage economic development with the private sector. They noted that they sponsored this bill in light of Bill No. 81-11 which proposes financial assistance for the Chase Tower which is pending in the Council’s Community and Economic Development Committee and is scheduled for public hearing on February 27, 2012. They stated that they believe that if baseline criteria is first established, then all potential developers would be treated fairly and equitably since a level playing field would be in place and notice of the guidelines would be available to all those wishing to be considered for assistance. A Public Hearing was held on the Resolution at this time. Don Reinke, 416 N. Main Street, South Bend, Indiana, spoke in favor of this bill. Mr. Reinke advised that his father sat on the City Council. He stated that this is a positive proactive bill. He stated that this will allow for progress in the City of South Bend. He noted that Reinke Construction built the Coveleski Stadium Council President Dieter stated that it is not the Council’s role. He stated that economic development decisions are made with the Mayor and his Community & Economic Development Department. He stated that he will not be voting in favor of this bill. A motion was made and seconded. Councilmember Oliver Davis asked for rebuttal. Council Attorney Kathleen Cekanski-Farrand stated that a motion was made and seconded and that to ask for rebuttal now would require a motion and a roll call vote majority rule. A motion was made by Councilmember Oliver Davis to allow for rebuttal. 20 REGULAR MEETING FEBRUARY 13, 2012 Councilmember Henry Davis, Jr. seconded the motion which carried. The motion passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Dieter.) Councilmember Oliver Davis stated that this bill recommends that criteria be developed when public tax dollars are involved to assist in economic development with the private sector. He stated that he believes the Council should be in communication with the Redevelopment Commission as well as with the administration when tax dollars are being spent. There being no one else present wishing to speak to the Council either in favor or opposition to this Resolution. Councilmember Schey made a motion to adopt this Resolution. Councilmember Fred Ferlic seconded the motion which carried. The Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Dieter.) RESOLUTION NO. 4152-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING LOCAL SERVICE AGREEMENT FOR PUBLIC EDUCATION AND GOVERNMENT ACCESS CHANNEL WHEREAS, On May 9, 2011 this Council adopted Resolution #4099- 11 supporting community-wide public access television for the broadcasting of public, educational, and governmental programming, and recommending that this be done cooperatively with South Bend, Mishawaka, St. Joseph County, and the private sector; and WHEREAS, pursuant to Indiana Code §§'s 36-1-7-2(b) and 36-1-7-12, the City of South Bend ("South Bend"), the City of Mishawaka ("Mishawaka"), and St. Joseph County ("County") desire to enter a cooperative service exchange agreement by which the not-for-profit corporation/public television station WNIT ("WNIT") will provide and maintain a Public Access or Public Education and Government ("PEG") Channel 99, through which will be broadcast to the citizens of St. Joseph County, Indiana, and throughout the WNIT service area, government programming and other matters of public interest including South Bend, Mishawaka, and St. Joseph County Council meetings and mayoral and County executive messages; and WHEREAS, the Service Exchange Agreement between the local political subdivisions is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the total cost of those services to be performed by WNIT is $85,000.00 annually which shall be shared per the formula set forth in Exhibit "A"; and WHEREAS, South Bend's share of costs for the governmental and broadcast services to be performed by WNIT for calendar year 2012 were appropriated in the South Bend annual budget for 2012; and WHEREAS, the South Bend Board of Public Works has approved this Agreement (Exhibit "A") subject to review and approval of the South Bend Common Council; and WHEREAS, ongoing public education is essential to an informed citizenry, and the prompt installation of PEG 99 by WNIT is in the best interests of South Bend and its citizens. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The Local Service Agreement for Public Education and Government Access Channel 99, attached hereto and incorporated herein as Exhibit "A" is hereby and 21 REGULAR MEETING FEBRUARY 13, 2012 in all ways approved, and the Mayor of South Bend is authorized to execute this Agreement on behalf of South Bend. Section II. The South Bend Board of Public Works shall do all things necessary and appropriate to effectuate the terms of the Agreement and is designated as South Bend's agent for the performance of those duties allocated to South Bend under the terms of Exhibit "A". 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 Varner, Chairperson, Information & Technology Committee, reported that this Committee held a Public Hearing this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. th Gary Gilot, President, Board of Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that on May 9, 2011, the South Bend Common Council adopted Resolution No. 4099-11 supporting community-wide public access television for the broadcasting of public, educational, and governmental programming, and recommending that this be done cooperatively with South Bend, Mishawka, St. Joseph County, and the private sector. Mr. Gilot stated that after several months of planning and conferring with the City of Mishawka, the County of St. Joseph and WNIT Television, South Bend has arrived at a Local Service Agreement with these entities that will provide a public and government access channel through the services of WNIT Public Television. Councilmember Dieter asked what provisions from the City of Mishawaka and St. Joseph County have been made for the future for their financial obligations. He questioned whether they have an ordinance a resolution or a stamped notarized IOU? Mr. Gilot advised that the Local Government Service Exchange Agreement provides the duties for South Bend, Mishawaka and St. Joseph County. He stated that they have sent a letter that they have money in their budget to partner with the City this year. He stated that he hoped everyone would be quite pleased with the results of WNIT and there will be plenty of time for budget deliberations for 2013, but after several years of absence and direction from the Council they are ready to contract and get that going. Mr. Gilot noted that South Bend, Mishawaka and St. Joseph County are subject to annual appropriation by the Council. There is no long term commitment. The agreement says that this will go for five (5) years renewable by its terms, but it’s also says that it is subject to annual appropriation by the fiscal bodies. Mr. Gilot advised that all South Bend is on the hook for is $65,000.00 for this year if approved. He stated that if the money is used and no other appropriations are made then you have a project that goes south and is off the air again or a lot of times it can be worked through it seems most reasonable people would see the equity in the proportion of the franchise fees and there is an active constituency that wants to provide this service to a demographic group that is not very internet savvy. Council Attorney Kathleen Cekanski-Farrand advised a point of order the agreement as proposed requires the Board of Public Works and Safety because it is a combined board in Mishawka to sign just like the Board of Public Works has signed for South Bend and it would also require the Board of County Commissioners to approve. Mr. Gilot advised that it includes subsequent years. He stated that because they have stated clear expectations for the second year and they are signing onto this contract even if there were a disaster it subject to annual appropriation by the respective fiscal bodies, 22 REGULAR MEETING FEBRUARY 13, 2012 he would expect them to follow through. He stated that we don’t take our agreements, our contracts lightly and stated that he hoped they don’t either. Councilmember Schey asked if we have factored in the hours that South Bend employees have invested in this as well as time South Bend employees will invest in managing this going forward, is that part of the $65,000.00. Mr. Gilot stated no. He advised that they have volunteered with Council direction to take a leadership role on this. He stated there have other projects where Mishawaka took the lead role on a joint project, they put more staff time in that we did and we just wrote a check to them. Same thing with the County, there have been cases where they have been the lead agency on a cooperative project and the other players put their resources into the deal. When you take the lead role in a collaborative project between multiple units of government, somebody’s got to take the lead. On this one the Council asked his office to do it. Councilmember Henry Davis asked where the money comes from. Mr. Gilot advised that the money comes from cable franchise fees that cable service providers like Comcast would pay directly to the city or the county or whoever the jurisdiction that owned the public right-of-way where those cables were traveling. There are in the right-of-way as a privilege not a right and they pay a franchise fee for that. That was established in some cities at 3% other cities 5% of the basic cable services revenue. When the State took that over a few years ago it became 5% of the base cable service amount became the franchise fee that the State collected and remitted it back proportionately to the various jurisdictions. The City of South Bend gets on the order of $800,000 a year and we are proposing to spend $65,000.00 that came into the general fund and then was appropriated in the Common Council budget for expenditure with the direction to the Board of Public Works to do the RFP do the contracting and secure the purchase order out of the Council budget and pay the bill. A Public Hearing was held on the Resolution at this time. Councilmember Davis asked if it was private or public money. Mr. Gilot advised that it a fee that people pay for cable TV that is paid to the government once it enters the general fund and is comingled with other money, its now public dollars that the Common Council appropriate. Mr. Angel Hernandez, WNIT, 300 W. Jefferson, South Bend, Indiana, spoke in favor of this bill. Mr. Hernandez stated that WNIT will solicit membership and cooperation from other communities as well. He stated that Niles is definitely an area that they would like to solicit and bring them forth and have them participate in the program as well as possibly even Elkhart and any other communities that receive Comcast Cable. He stated that their intent is to actually expand the cooperation of the communities as to bring down the price for South Bend and not just continue it at this level. The following individuals spoke in favor of this bill: Mr. Peter Helland, President, Public Access Michiana, 751 W. Ewing, South Bend Indiana, spoke in favor of this bill. Mr. Helland Mr. Helland stated that he was at the meeting this afternoon and there were a few things that were said that he would like to clarify. He stated that a lot of momentum for this started in South Bend. He stated that he is President Public Access Michiana and they have been meeting for many years. He stated that George Lane from Mishawaka and Mr. Williams from WUBS in South Bend started this project and it is a South Bend effort. He stated that they traveled to Kalamazoo, MI and Ft. Wayne, IN and learned that they have a budget of approximately of $500,000 a year. They get their franchise money based on population which is a little higher than here. He stated that they provide that money to their residents to provide public access. He stated that they way he sees it is that we are a university town a town of ideas so to have our town make available a public access channel, one which is there 23 REGULAR MEETING FEBRUARY 13, 2012 right now it is just not being used, it just make common sense. He encouraged the Council to vote in favor. Mr. George E. Lane, CEO, Citizens for the Accountability of Government, spoke in favor of this bill. Mr. Lane advised that he has waited a long time for this moment almost four (4) years. He stated that he is very elated this afternoon at the committee meeting that this project is coming to fruition. He thanked the members of the Council that stood by him to bring this project forth. He stated that the prior administration in the Mayor’s office said no to public access. Mr. Lane thanked City Clerk John Voorde and his staff along with Council Attorney Kathleen Cekanski-Farrand for all their help. Mr. Lane stated that his health has not been the best the last few months and hasn’t been able to keep up with the progress of this bill. He stated that public access is something that is very close to his heart and worked so hard to get it back. The following individual spoke in opposition: Mr. Sylvester Williams, 702 Lincoln Way West, South Bend, Indiana, thanked the Council for their consideration of making Dr. Martin Luther King, Jr., Day a city holiday. He stated that he is in favor of everything that has been said here tonight about public access, except for the fact that he has also submitted a proposal and a plan to operate public access. He stated that he did not get a call, a letter, or any notification to reduce their top line which was $300,000.00 to run public access which included internship. Mr. Williams stated that he is asking for inclusion for his radio broadcast on WUBS. He stated that he would like to be a viable partner with WNIT and WUBS radio station. He stated that they already have streaming which people who can turn on their internet and see valuable programming. He stated that they have the capability and the camera know- how to make sure that the quality is not substandard to what WNIT is producing now. He stated that he is rising to include African Americans in this public access. He thanked the Council for this opportunity to speak and looks forward to working with WNIT and putting his programs back in motion as well. Councilmember Oliver Davis asked for clarification on what Mr. Williams is asking. He asked if Mr. Williams wants to be included in this or to get funding separately. Angel Hernandez stated that the proposal that they put on the table was considerably less than what Mr. Williams had hoped for and the reason being that they wanted to make this as cost effective as possible to city and therefore basically have a bear bottom budget that we can put this forth sharing revenues with any other entity would break that budget. He stated that what he can assure Mr. Williams is that definitely there will be black minority involvement in all of their programs and in many of the programs and this is open to the whole community. In that sense there is definitely an agreement on their part and would love to see Mr. Williams’ programs come on the air. Mr. Hernandez stated however, that would not be up to him, what they are talking about it a community advisory board that would look at the programs and decide which ones are able to meet community standards. Mr. Hernandez stated that they plan to hire a Program Manager to manage the program schedule. That person will be doing all of the logging and making sure that the programs get scheduled and produced properly. Councilmember Oliver Davis asked why Mr. Williams did not get a letter stating that he did not get the bid a few years back. Kathy Cekanski-Farrand, Council Attorney stated that it was her understanding the RFP was placed by Board of Public Works. Mr. Gilot stated that he does not remember off the top of his head from two or three years ago. Mr. Gilot stated that he will look up the file and get the Council an answer. Usually the Clerk of the Board of Public Works would send letters to successful proposer and to everyone who submitted non-winning proposals. 24 REGULAR MEETING FEBRUARY 13, 2012 There being no one else present wishing to speak in favor or in opposition to this Resolution. Councilmember Fred Ferlic made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried. The Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Schey.) BILLS - FIRST READING BILL NO. 02-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET, WEST OF ST. PETER STREET AND THE FIRST NORTH-SOUTH ALLEY WEST OF ST. PETER STREET, NORTH OF LASALLE STREET. THE STREET IS DESCRIBED AS: ST. PETER STREET RUNNING NORTH FROM THE NORTH RIGHT- OF WAY LINE OF LASALLE STREET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on February 27, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 03-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF-WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on February 27, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA BOARD OF ZONING APPEALS BILL NO. 12-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 730 & 734 TH SOUTH 29 STREET, SOUTH BEND INDIANA BILL NO. 12-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, 25 REGULAR MEETING FEBRUARY 13, 2012 APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1902 WESTERN AVENUE, SOUTH BEND INDIANA Councilmember Oliver Davis made a motion to refer Bill Nos. 12-08 and 12-09 to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 27, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1434 GARLAND CIRCLE, SOUTH BEND INDIANA Councilmember Oliver Davis made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 12, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis, Jr. questioned when the redistricting process will begin in South Bend. Councilmember Henry Davis, Jr., advised that he will be hosting the Honorable Mayor Michael T. Pembleton, Jr., of Sunflower, Mississippi on Friday, February 24, 2012. They will tour successful South Bend housing programs and discuss ways for Mayor Pembleton to improve Sunflower’s affordable housing opportunities in his 2012 city plan. Councilmember Henry Davis, Jr., stated that they will tour South Bend’s new senior living facility in LaSalle Square, visit Habitat for Humanity homes in the city and meet with other city officials to discuss South Bend’s successful affordable housing programs. He encouraged anyone wanting to participate to contact him. Councilmember Oliver Davis advised that he is the Council’s representative to the TRANSPO Board and he will be sending out a summary regarding the revised TRANSPO routes. PRIVILEGE OF THE FLOOR COMMENTS BY REVEREND SYLVESTER WILLIAMS, JR. REGARDING SOUTH BEND LABELED AS A DYING CITY Reverend Sylvester Williams, 702 Lincolnway West, South Bend, Indiana, advised the Council one year ago February 2, 2011 a group of ministers converged on this building in the lobby lead by himself inspired by the Lord, because of an article that was in the Newsweek magazine that everyone all knows about and read. It stated that South Bend is a dying city, not every likely to live again. The ministers came and they began to speak and pray for our city, it made the local news. Not only did it do that, it made the newspaper. On Thursday, he will be giving the State of the WUBS address which will include what you did not hear from the Mayor’s address. What you did not hear from the Chamber of Commerce luncheon just a week ago. How this city was revived because of that prayer and what he sees as an assessment one year later. He stated that will be happening at 7:00 p.m. on Thursday, February 16, 2012, and to tune into 89.7 to hear the rest of the story. . 26 REGULAR MEETING FEBRUARY 13, 2012 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting. at 10:21 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 27