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HomeMy WebLinkAbout03-26-12 Common Council Meeting Minutes REGULAR MEETING MARCH 26, 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, March 26, 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 March 12, 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 Oliver Davis made a motion that the minutes of the March 12, 2012 of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes SPECIAL BUSINESS 1 REGULAR MEETING MARCH 26, 2012 RESOLUTION NO. 4161-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING MRS. AARON BLIGHT, PRESIDENT OF HEARTLAND SMALL ANIMAL RESCUE (HSAR) WITH A “2012 SOUTH BEND CITIZEN AWARD” , Whereas the South Bend Common Council notes that the vibrancy of our city is reflected by the residents who selflessly contribute to the betterment of our community; and , Whereas the Common Council is proud to recognize that AARON BLIGHT, who is the President of the Heartland Small Animal Rescue (HSAR) which is an all volunteer, not-for-profit organization which rescues dogs, cats, bunnies, ferrets and small animals which are scheduled for euthanasia in local shelters; and Whereas, the Council notes that the Heartland Small Animal Rescue is instrumental in establishing and overseeing a network of volunteer foster homes for these rescued animals until they are fostered out; and Whereas, the South Bend Common Council recognizes that over the past three (3) years, the Heartland Small Animal Rescue has rescued over 340 animals from South Bend Animal Care and Control alone due to their limited space to house such animals. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, , Indiana as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council is pleased to publicly present to AARON BLIGHT, President of the HEARTLAND SMALL ANIMAL RESCUE (HSAR) and her many caring volunteers “”. and foster families a 2012 SOUTH BEND CITIZEN AWARD Section II. The Common Council thanks Aaron Blight and HSAR for giving all of the animals which they rescue a “second chance”, with these actions positively contributing to the health and welfare of the South Bend community. Congratulations!! 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 Valerie Schey, 1314 E. Wayne St. North, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to Mrs. Aaron Blight. A Public Hearing was held on the Resolution at this time. 2 REGULAR MEETING MARCH 26, 2012 There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mrs. Aaron Blight thanked the Council for this honor. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. BILL NO. 12-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING ADAMS HIGH SCHOOL SENIOR STUDENT-ATHLETE ROSEY GREEN WITH A “2012 SOUTH BEND CITIZEN YOUTH AWARD” Councilmember Varner made a motion to continue this bill until the April 23, 2012 meeting of the Council. Councilmember Henry Davis, Jr. seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4162-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING JOHN SCHALLIOL, FORMER EXECUTIVE DIRECTOR OF THE SOUTH BEND REGIONAL AIRPORT WITH A “2012 SOUTH BEND CITIZEN AWARD” Whereas, the South Bend Common Council notes that the vibrancy of our city is reflected by the residents who selflessly contribute to the betterment of our community; and , Whereas the Common Council is proud to recognize that former Executive Director of the South Bend Regional Airport, John Schalliol, retired on February 29, 2012; and , Whereas the Council notes that Mr. Schalliol began his career in 1977 as an airport engineer and was promoted to be the airport’s Executive Director in 1981; and , Whereas when Mr. Schalliol started working at the airport, he worked in a building built in 1949 located on airport property of just 700 acres which has grown from old grass runways to over 2,200 acres; which provides services for four (4) air carriers with non-stop flights to ten (10) cities, namely Atlanta, Chicago, Cleveland, Detroit, Las Vegas, Phoenix-Mesa, Minneapolis, Orlando/Sanford, and Tampa Bay/St. Petersburg which impacts South Bend and the surrounding communities in annual economic impact in excess of $433.7 million. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, , Indiana as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council is pleased to publicly present to JOHN SCHALLIOL, former Executive Director of the South Bend Regional Airport with a “2012 SOUTH BEND CITIZEN AWARD”. Section II. The Common Council thanks John for his 35 years of dedicated service to the airport, our community and the aviation industry; and wishes him, his wife, Gale and their sons Bill and Charley the very best in the years ahead. Congratulations!! 3 REGULAR MEETING MARCH 26, 2012 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 Derek Dieter made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Mr. Schalliol. 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. Mayor Pete Buttigieg presented Mr. Schalliol with a key to City. Mr. Schalliol thanked the Council for this honor. He stated that it has been a wonderful 35 years. He stated that he looks forward to spending time with family and friends. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. BILL NO. 12-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING THE KROC CENTER WITH A “2012 SOUTH BEND BUSINESS OF THE MONTH AWARD” Councilmember Varner made a motion to continue this bill until the April 23, 2012 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12-21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (ALIBABA ANNEXATION AREA) Councilmember Scott made a motion to hear this bill under the Resolution portion of the agenda. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS OF CITY OFFICES There were no reports from City Office at this time. 4 REGULAR MEETING MARCH 26, 2012 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:16 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis, Vice-President, presiding. Committee of the Whole------- March 26, 2012 This is the portion of the Council Meeting where the Council sits as a committee. Proposed ordinances will be read by title only by City Clerk John Voorde. The Chairperson or Vice-Chairperson of the Council Standing Committee to which the proposed ordinance was sent, will then give the Committee’s advisory recommendation. If the proposed ordinance is a zoning ordinance, a report from a staff member of Area Plan will be given. In all other situations, the formal presentation on the proposed ordinance will immediately follow the Committee report. The formal presentation shall be untimed. If there are any “preliminary questions”, Council Members may ask questions of the presenter. The public hearing portion then begins. This is the portion of the meeting where persons who wish to speak will be timed. Those individuals speaking in favor must give their name and address and are limited to speak for up to 5 minutes per person. Comments must be germane to the Bill under consideration. Please complete the sign-in sheet after you have spoken so that your name and address will be referenced correctly in the minutes. If there is a formal presenter(s) in opposition, that portions shall be untimed. Any person wishing to speak in opposition must give their name and address and will be limited to speak for up to 5 minutes. Remonstrators shall be given a total amount of time equal to those speaking in favor or 30 minutes, whichever is greater. Comments must be germane to the Bill under consideration. Please complete the sign-in sheet after you have spoken so that your name and address will be referenced correctly in the minutes. The formal presenter will then be given a 5 minute rebuttal period if any one spoke in opposition to address questions and/or concerns raised. Immediately thereafter, the Council portion begins where the Council may ask questions and make motions for the Bills dispositions. We ask that everyone turn their cell phones and other electronic devices to their silent mode. No one is allowed to approach the Council beyond the railing. We ask that every one be courteous and respectful. Additional rules governing the Committee of the Whole are set forth in the brochure available on the railing in the Council Chambers. PUBLIC HEARINGS 5 REGULAR MEETING MARCH 26, 2012 BILL NO. 03-12 PUBLIC HEARING 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 Councilmember Varner, Chairperson, Public Works and Property Vacation 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 as amended. Councilmember Henry Davis, Jr. made a motion to amend this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski-Farrand read into the record the following amendment: add to the end of Section IV: “This vacation shall be subjected to a memorandum of understanding between the property owner and the redevelopment commission addressing coordination and assembly for furtherance of the Renaissance District.” Mikel Currier, Wightman Petrie, 412 S. Lafayette Blvd., South Bend, Indiana, made the presentation on behalf of the City of South Bend. Mr. Currier advised that the petitioner is requesting the vacation of the real property to further development opportunities on the former Millennium Environmental site and allow connectivity through development to the Union Station site and the Ivy Tower Complex. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Dieter stated that he has some concerns about the vacation. He stated that as a South Bend Police Officer he is well aware that many officers use United Drive leaving the South Bend Police Station. He stated that his concern is that when they get a call to a north location from the station they will now have to use South Street or Taylor Street. He stated that those are heavily populated residential streets. He stated that he is concerned for the residents of that area. Councilmember Dieter stated that he would like to continue this bill until those questions and concerns can be addressed by the Board of Public Works, Engineering and the Housing Authority. Additionally, Councilmember Dieter made a motion to continue this bill until the April 9, 2012 meeting of the Council and refer back to the Public Works and Property Vacation Committee until the questions and concerns are met. Councilmember Henry Davis, Jr. seconded the motion which carried by a voice vote of nine (9) ayes. 6 REGULAR MEETING MARCH 26, 2012 BILL NO. 07-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE KEOGAN “HOBBIT” HOUSE AND LOCATED AT 1922 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Chairperson, Zoning & Annexation 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. Catherine Hostetler, Director, Historic Preservation Commission, 125 S. Lafayette Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Hostetler advised that the Historic Preservation Commission (HPC) held a Public Hearing on February 27, 2012, and based on the HPC’s Local Landmarks Criteria as adopted by the Common Council, the site at 1922 Portage Avenue is recommended to Council for designation as a Local Historic Landmark by the HPC. The building meetings the criteria in at least three areas: 1. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. 2. Its suitability for preservation. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria #1 as an unusual blend of architectural elements from the English Arts and Craft movement and the Tudor Revival style interpreted in the American Craftsman/Bungalow style. The house is rated Notable in the 2005 Survey as an English Cottage built in 1920 and is unique in South Bend. It was constructed by the local General Contractor R.L. Culp and all of its materials and appointments were originally from local vendors and merchants. The building fulfills criteria #2 by the integrity of its original construction with only minor alterations. Alterations are limited to the addition of terraces flaking the modified entry and the removal or enclosure of the south bay window. The building fulfills criteria #3 by its associations with George E. and Ruby J. Keogan and Aaron Huguenard. George Keogan was named Notre Dames basketball and baseball coach and assistant football coach in 1923. In 20 seasons as the basketball coach he won 327 games, the second most in Irish History, a .771 winning percentage. He never had a losing season at Notre Dame. He was succeeded by his protégé, Edward “Moose” Krause after his death at age 53. Mrs. Keogan inherited the house and later married Aaron Huguenard in 1950. Mr. Huguenard was the Secretary of the South Bend Tribune and the former President of the Indiana Bar Association. He was active in civic, legal, social, political and business circles: in 1951 he founded the United Fund of St. Joseph County, in 1952 St. Joseph County Hospital Development, Inc. He was appointed in 1955 as a Charter member of the University of Notre Dame Law School Advisory Council. She asked the Council for their favorable consideration. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council wither in favor of or in opposition to this bill, Councilmember White made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 7 REGULAR MEETING MARCH 26, 2012 BILL NO. 82-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, ALIBABA CAFÉ INC, 17917 SR 23, SOUTH BEND, INDIANA Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from B Business District and R Single Family District (County) to LB Local Business District (City) to allow a billiard hall. On site is a vacant commercial building. To the north are single family homes zoned R Single Family District (County.) To the east is a frame shop zoned B Business District (County). To the south is First Source Bank zoned CB Community Business District (City) and Ziker Cleaners zoned LB Local Business District (City). To the west is a multitenant retail center, including two restaurants and a hair salon, zoned C Commercial District (County). The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. The area to be rezoned is approximately 20,000 square feet. The rear 88’ of the eastern lot is not being rezoned and will remain SF1 Single Family and Two Family District. There is an existing 2,120 square foot building, and a proposed 880 square foot covered patio. Existing and proposed buildings cover 15% of the site. Paving covers 52% of the site. The remaining 33% is open space. This site has been vacant for many years, and is bordered by business and commercial uses on three sides. Several new uses have been added to the general area, including the Ziker Cleaners. The property at the southeast corner of State Road 23 and Maple Lane attempted an annexation and rezoning in 2010 but was ultimately withdrawn. State Road 23 is a four lane road with a center turn lane. Terrace Lane and Dunn Road both have two lanes. State Road 23 is a major arterial between South Bend and the residential and commercial areas to the north and east. This site is currently served by city water and a septic system. Due to the increased use of the property, the Health Department requests a new septic permit or proof of connection to city sewer. INDOT says no permit is needed if the same drive is used. Ms, Nayder advised that the Special Exception Use for a billiard hall was heard by the Area Board of Zoning Appeals on January 4, 2012 and was forwarded to the Common Council with an unfavorable recommendation. The Area Plan commission staff gave the Special Exception Use an unfavorable recommendation, because it did not meet three of the four standards. The variances for reducing the number of required parking spaces and eliminating the residential bufferyard landscaping were denied. Since the property has split zoning, only the front half the building is within the B business District zoning. Section 154.030 (N) allows the zoning line, under certain criteria, to be extended to not more than forty feet beyond the boundary line of the district. This would extend the zoning line to include the building, but not the rest of the improvements such as the parking areas. There were no proposed commitments. Ms. Nayder stated that City Plan, 8 REGULAR MEETING MARCH 26, 2012 South Bend’s Comprehensive Plan encourages reuse of abandoned and underutilized land and structures. The Future Land use map identifies the property fronting on State Road between Ironwood and Maple Lane as Commercial. The intersection of State Road 23 and Ironwood is identified as a Regional Commercial node. There is no other plan in effect for this area. There are commercial uses on both sides of State Road 23 from Ironwood to Maple Lane with office uses further east. The most desirable use for this site is to have it develop to its full potential, while protecting the neighboring residential properties to the north. Due to the proposed outdoor patio and controlled use activity, the neighboring residential properties may be negatively affected. It is responsible development and growth to support the appropriate reuse of vacant properties. Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Ms. Nayder noted that this small two-lot site with an abandoned commercial structure straddles two zoning districts. By expanding the zoning further north into the lot, it permits this site to accommodate a responsible reuse of the building and property, while protecting the last remaining residence on the block. The “LB” District can accomplish this within the context of the commercial area immediately adjacent to the south and west. The “LB” District allows a variety of smaller business uses that can locate on this site. Mr. Abdul Farhan, P. O. Box 11664, South Bend, Indiana, made the presentation for this bill. Mr. Farhan advised that he is requesting a zone change from B Business District and R Single Family District (County) to LB Local Business District (City) to allow a billiard hall. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak in favor of the bill. The following individuals spoke in opposition to the bill. Ms. Wanda Shock, South Bend, Indiana, stated she is representing the Maple Lane Neighborhood Association. Ms. Shock advised that they do not object to the annexation. However, she asked the Council to be cautious on the use of this property. She noted that this is a vital corridor into the City of South Bend, Indiana, and the City should be concerned with what uses go into this area. Ms. Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, spoke in opposition to this bill. Ms. Puzzello advised that this rezoning to allow for a billiard hall does not fit into the area. She noted that most of the surrounding properties have business hours from 8:00 a.m. until 5:00 p.m. She stated that a billiard hall will operate much later and disrupt the current businesses and surrounding residential properties. She stated that there is not enough parking, no matter how many pool tables or tables for sitting. She urged the Council to vote against this bill. There was no one else present wishing to speak in opposition to this bill. Mr. Farhan declined for a rebuttal. Councilmember Dieter made a motion to recommend this bill to the full Council unfavorably. Councilmember Scott seconded the motion which failed by a roll call vote of seven (7) nays (Councilmember’s Henry Davis, Schey, Fred Ferlic, Varner, Oliver Davis, Gavin Ferlic and White.) and two (2) ayes (Councilmember’s Scott and Dieter.) After much discussion between Councilmember’s on what the next step should be, Councilmember Gavin Ferlic made a motion to continue this bill until the April 9, 2012 meeting of the Council. Councilmember Fred Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 9 REGULAR MEETING MARCH 26, 2012 BILL NO. 09-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW PROVISIONS ADDRESSING GENDER IDENTITY AND SEXUAL ORIENTATION Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee reported this committee held a meeting this afternoon and it sends this bill to the full Council with no recommendation. Councilmember Gavin Ferlic, 1610 Cedar Street, South Bend, Indiana, made the presentation for this bill. Councilmember Gavin Ferlic advised that he along with Councilmember’s Scott, Schey, and Dr. Fred Ferlic are the sponsors for this bill. He stated that as Mayor Pete Buttigieg noted in his swearing-in speech on January 2, 2012, “In setting the vision for local government, it helps to recall why city government exists in the first place: to enable people to go about their lives and focus on what really matters. Leading a healthy, happy life is enough of a challenge without having to worry about basic services.” He stated that it is in this spirit that the current South Bend Human Rights Ordinance should be amended to prohibit discrimination based on sexual orientation and gender identity, and to provide remedies for such discrimination occurring within the city limits. Councilmember Gavin Ferlic focused on four points, the need for the bill, the bills legal legitimacy, the remedies provided and the enforceability of the measure. He turned the presentation over the Dr. Catherine Pittman to illustrate the need for the bill. Dr. Catherine Pittman, Professor, St. Mary’s College, a Licensed Psychologist and a member of the gay rights organization South Bend Equality who cited evidence of discrimination against gays, most often in areas of employment. She used statistics from Illinois, Iowa, and Indiana cities where similar prohibitions have verified cases of discrimination. Councilmember Gavin Ferlic then called upon City Attorney Aladean DeRose, to assure the authority of the Council to adopt the bill. City Attorney DeRose cited under Indiana State statutes the Council’s “home rule” powers and their legitimacy. Councilmember Gavin Ferlic called upon IUPUI Professor and former Indianapolis City Attorney Sheila Kennedy to address the bills enforceability. Professor Kennedy said the federal courts have not challenged such bills where they exist. She also said churches or religious based organizations whose beliefs oppose the gay lifestyle are exempt from any discriminatory prohibitions in the bill. Councilmember Gavin Ferlic in summary ended the presentation stating the form and substance of the bill was drawn from legislation successfully passed and not challenged elsewhere in Indiana. Councilmember Dieter questioned how businesses could be prepared in such a short time. The following individuals spoke in favor of the bill: th Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana gave enthusiastic support for the bill and promised to sign it. 10 REGULAR MEETING MARCH 26, 2012 Abbee Smith, 108 N. Main, residing at 2925 S. Creek Road, Niles, Michigan, President of Intrigue Counseling. She stated that she was born and raised here. She stated that her grandfather immigrated to this country to flee the harsh regime in Russia and the discrimination against his Jewish heritage. She stated that her family went on for four generations raising their families here. She stated that since then her family has moved to various parts of the country. She stated that she is committed to staying here and sustaining her business. She believes in strategy and hard work, she stated at the end of the day it doesn’t matter who loves who. She stated that Council’s time should be better spent on issues such as parking, empty store fronts and crime instead of having to address this issue of adding gender identity and sexual orientation to the South Bend Municipal Code’s Human Rights Ordinance. She encouraged the Council to support this bill. Catherine Pittman, 2628 Summit Ridge Drive, South Bend, Indiana, Licensed Psychologist, stated that she is concerned that opponents to this bill think that members of the GLBT Community should seek treatment to change their orientation. She stated that opponents against this bill have no intent to accept gay individuals as they are or accept them into this community. She stated that they also suggest conversion therapy to change their sexual orientation is counter to best practices in psychological treatment. Ms. Pittman stated that she has provided packets of information that the Council has received that state they are against these kinds of treatments. These organizations oppose these types of therapy because it is clear that sexual orientation is not a choice and that attempts to modify sexual orientation can have harmful effects. She stated that sexual orientation is one’s attraction to an individual of a particular sex. She stated that homosexuality, heterosexuality and bisexuality are normal variants of human sexuality. She stated that they are the normal variants in many animal species. She stated that some individuals do attempt to change their orientation there is no consistent evidence that such attempts are successful. In fact, therapeutic interventions may result in significant distress and increase depression in the individual in some studies. She stated this is not that some can change their behavior as they know people can suppress a variety of behaviors including sexual one or act in a specific way even when they have feelings to the contrary. You can force a left handed person to write with their right hand that is not disputed, but it doesn’t make the person right handed. There is no proven way to change a person’s orientation. Sexual orientation for both straight and gay individuals is not a conscious choice or something that can be safely modified. She noted that the inclusion of bi-sexual individuals in studies and case reports does tend to result in findings that confuse the issue. By definition bi-sexual individuals are those who feel attraction toward members of either gender, so it’s much more likely that an individual who is bi- sexual would be successful in changing his or her behavior to eliminate behaviors based on same sex attraction, but such a change in behavior doesn’t mean that the person’s sexual orientation has changed. The person remains bi-sexual even when he or he is not acting on feelings of attraction. Opponents of this legislation appear before the Council and argue that you should continue to allow individuals to be discriminated against. Instead they want these people to seek treatment to change their orientation in order to change themselves, to satisfy the expectations that others have of them. She asked the Council to consider the views of the professionals who have studied human behavior and who are committed to providing care for those in need. They do not support reparative therapy and they instead argue that they recognize gay and bi-sexual individuals as individuals entitled to respect, compassion, justice, and equal treatment. She stated that she believes Bill 09-12 would be a step in that direction and asked the Council to support it. Raul Jara, 1306 Chester, South Bend, Indiana, a researcher at the University of Notre Dame Latino Studies, and also served as a Census Representative for the inter-university program for Latino research which is a consortium of centers and institutes at 25 research universities across the country. He stated that most people opposed to this bill have represented themselves as members of the loving opposition. He stated that most don’t appreciate their perspective of approaching this with the word love, he however does. He stated that love is something that they should be ever mindful of. He stated that there is hate out there not loving opposition, but hate. It has appeared in these vary Council Chambers. He stated that in the July 10, 2006 meeting minutes the first meeting where a similar bill was presented. He quoted “that he owns two houses in South Bend and what 11 REGULAR MEETING MARCH 26, 2012 the Council proposes tonight would make him simply liable for substantial damages and attorney’s fees if he refuses to rent one of his houses to a homosexual, he is disgusted by homosexuality, he believes that there are few acts on the face of the earth that are worse than this, he acquaints this entirely with bestiality, incest, child molesting all those are criminal acts, he sees no difference between homosexuality and these other criminal acts mentioned, he does not want to do business with these people, they are evil.” He stated that he is not implying that everyone that is in opposition to this bill thinks this same way as that landlord. He stated that besides what is going to be said tonight he hopes that we can all agree that this sort of hate that he just read is wrong. Evicting somebody or denying them employment based on that kind of hate is wrong. Tony Flora, 202 E. Angela, North Central AFL-CIO Central Labor Council supports Ordinance 09-12 allowing the South Bend Human Rights Commission to investigate claims of discrimination on the basis of sexual orientation or gender identity. In June 2010 the AFL-CIO Central Labor Council voted to support the previous version of this ordinance when it was introduced to the common Council in 2010. He re-affirmed that position today. The AFL-CIO has a long history of dedication to workplace fairness and is a strong advocate for an end to discrimination against all employees. In 2005, the AFL-CIO stated, “Discrimination based on sexual orientation is inconsistent with the fundamental value of equality; simply put, it is wrong.” This statement is part of the AFL-CIO’s declaration on “The Values that Unite Us as People and a Movement.” The North Central Indiana AFL-CIO, the federation of Unions in the six north central counties of Indiana, asks that the South Bend Common Council to support the amendments proposed to the South Bend Human Rights Ordinance. He stated that their support of this amendment is consistent with the AFL-CIO’s commitment to improve the lives of workers and their families, and our goal of bringing economic justice to the workplace and social justice to our communities. Penny Hughes, 1918 Southernview Dr., South Bend, Indiana, Chair, South Bend Human Rights Commission, stated is it wanting “special rights” to expect to be judged on your work performance rather than on whom you love? Is it asking for “special rights” to be protected from denial of housing based on the landlord’s perception of your gender identity or sexual orientation? We members of the Human Rights Commission don’t think having a place to live or having a job is a “special right.” She stated that the Council has the opportunity to stand up to this form of discrimination and move the City forward by saying to employers and landlords that we as a City do not tolerate this form of discrimination against any of our citizens. We have seen how harmful it can be to allow anti-gay prejudice to go unopposed, with the rise of bullying in schools and the high rate of gay teen suicides in our country. On the other hand a recent study from Rice University has shown that the presence of anti-discrimination laws can not only reduce discrimination in hiring and housing, but can also lead to changes in informal and interpersonal behavior. As a Missoula, Montana woman explained about living under the protection of the city’s 2010 ordinance, “There’s a little more sense of peace and calm know the city has our back.” Communities across the American heartland from Kalamazoo, Michigan, to Omaha, Nebraska, to Salt Lake City, Utah have passed ordinances protecting LGBT citizens. As of June 2010, 21 states and 133 cities and counties had some form of protection for employees based on sexual orientation and gender identity. With recent nationwide Gallup polls showing an increase in support for such laws from 56% to 89%, it is no surprise that the backlash and lawsuits predicted by ordinance opponents has failed to materialize. Adding sexual orientation and gender identity to our Human Rights ordinance will still allow religious groups to honor their religious beliefs. They can have the own “special rights” in their schools, their housing and their employment. She stated that the Human Rights Commission are merely asking for the right to investigate claims of discrimination which may or may not be true. Not every claim is likely to be valid: perhaps a complainant showed poor work skills, or failed to meet the terms of a lease. The proposed ordinance will allow the HRC to investigate cases brought to them to see if citizens are being treated fairly. She stated that as the Mayor put it, “workers should not have to fear for their jobs for reasons that have nothing to do with their performance.” Ms. Hughes asked the Council to please vote in favor of Bill 9-12 to ensure equal rights for all. 12 REGULAR MEETING MARCH 26, 2012 Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, stated that of all the rights that she receives as a citizen of the United State of America, the most important one to her is equality and equal opportunity for all. She stated that she loves South Bend very much and she would like to bring the two together because they are both very important and it st is important for South Bend. She stated that South Bend is a 21 Century City and with the passage of this bill it will allow for equal opportunity for all. Robert Joseph Hohl, 2819 Dale, South Bend, Indiana, speaking in favor of this bill and urged the Council to pass it unanimously. He stated that when the fundamental rights that each of us possesses are limited or denied then it becomes necessary to specifically name and protect them. He stated that this is not a matter of special rights. He stated that we as Americans should be able to work, live and participate with the fear of losing employment, housing and being persecuted for who we are or are perceived to be. He stated that these are fundamental and inalienable rights. He urged to the Council that now is the time to pass this amendment to the Human Rights Ordinance. It is the moment to send a message to the people of our City and the region that South Bend values the contribution of each of its citizens and acts to ensure a just and equitable community for all. He urged the Council to pass this bill unanimously. Mary Porter, 5281 Woodridge Drive, South Bend, Indiana, she stated that there has been a lot of misinformation floating around. People are saying that if we pass this bill then lawyers fees will be through the roof, small business will be harmed and honest people will be turned into criminals. She stated that these are arguments that understandably would get people concerned. She stated she would be concerned to if there were any truth to them. She stated that Bill 9-12 is actual a small amendment to a piece of legislation that has been protecting people in South Bend from discrimination for over forty years. The Human Rights Commission the organization charged with upholding South Bend’s anti-discrimination laws has a process that respects the rights of everyone involved. When they do find evidence of discrimination the cases almost always end in mediation not court battles. To correct some of the misinformation out there and to reassure some of those who have concerns she briefly walked through the process that a person goes through in filing a case of discrimination. She stated that all this information is available on the Human Rights Commissions webpage and encouraged the Council to look for themselves. First is a person feels that they have been discriminating against in the City of South Bend they may make contact with the commission. The first thing that a staff members does is makes sure that a charge of discrimination falls within the jurisdiction of the commission. They make sure the alleged discrimination happened within the City of South Bend, happened within 90 days so that past events are not constantly being fought over. If the alleged discrimination is over employment the staff person makes sure that the employer has at least six employees so that a very small businesses are at all burdened by the legislation. If all of those thresholds are met, then the commission can investigate. They interview all the parties involved, they may interview so other witnesses and they may request to see documents. If they don’t find evidence of probable cause, they dismiss the charges and the process goes no further. If they do find evidence of the alleged discrimination there is a conciliation process, another term for remediation. All the parties sit down and steps are recommended that would address the discrimination. If both parties agree that is the end of the process. And the, if and only if the parties aren’t able to agree about the steps that are to be taken then the commission will call a public hearing at which testimony under oath is heard, a decision rendered and a legal enforceable order is issued. This is the first time in the entire process involving a legal decision has come up. Also note that this is considered an administrative procedure and not and she repeated not a criminal procedure. Cases rarely even get this far, but when they do the decision can still be appealed in court. The Human Rights Commission does its best to respect everyone’s rights including those that are accused of discrimination, it has a process that is specifically designed to keep the lawyers out of it and it has been helping the City without harming business for over 40 years. There is nothing to fear from adding sexual orientation and gender identity to the list of things you can’t discriminate about. She held up the form that the Commission uses and all that this bill would do is add two boxes to this form to check it for sex, national origin, religion, sexual orientation; and gender identity. She stated that all this 13 REGULAR MEETING MARCH 26, 2012 bill is doing is to make South Bend a more fair and welcoming place. She urged the Council to pass it unanimously. Stacy Davis, 304 Runaway Bay, Apt. 3B Mishawka, Indiana, stated that Mishawaka does not have a Human Rights Commission so that if they have a problem they have come to South Bend, so this does matter to her. She stated that she chooses to live as a follower of Jesus. She stated that she is straight and a profession bible scholar and supports the amendment to the South Bend Human Rights Ordinance for four reasons: First it is inclusive, while the amendment is vigorously characterized as a “special rights for homosexual” this is simply not the case. The amendment will allow straight folks like her and folks like Mr. Mangan to file a complaint with the Human Rights Commission if they are discriminated against due to our sexual orientation. She quoted Isaiah 56.1 “maintain justice and do what is right” It does not say do those things for some privileged people only. Second point: Opponents of the ordinance want to “to preserve the legitimate constitutional rights of all citizens” specifically the right of religious freedom. Religious freedom however does not mean one particular interpretation of st Christianity. The reason that we have a 1 Amendment is so that one belief about God or the Bible cannot be privileged over another. As a proud history major she stated think back to your grade school history classes. The colonist came to the new world so that they could worship in their own way, there is a religious exemption in the proposed ordinance so those religious organizations and employers for whom certain sexual orientations are an issue remain free to live out their conscience and they will be able to do so without repressing the conscience of religious people from whom none of this is an issue. Third: There is no consensus even among Christians regarding the theological implications of sexuality. As a professor of Hebrew Bible she can tell there is no mention of homosexuality in the Bible, because there was no concept of sexual orientation in the ancient world period. The Roman Catholic catechism says this about gays and lesbians “they must be accepted with the accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in that regard should be avoided.” How is it respectful to give no recourse for discrimination in public accommodations for people whether they are straight, gay or both. Finally, loving opposition, to tell people that you love them and supposing to live as free citizen with the same rights and privileges that you have is inherently contradictory. As a Christian she stated that she knows only two things, she is called to love God and her neighbor and she cannot love the former without loving the latter. She stated that she doesn’t have to agree with you to love you. Leviticus 19.34 says “You shall love the stranger as yourself for you were strangers in the land of Egypt.” We love those who are different from us because we too are different in some way. As Fannie Lou Hamer concluded “how can I hate another human being and hope to see God.” She stated that she does not claim to be opposition hates gays and lesbians, she is pretty sure that they don’t, but the desire to keep them from the opportunity to use legal channels to address legal problems is not loving. Tyler Clementi father’s put it this way “just because you don’t like them, doesn’t mean you have to work against them.” She asked the Council to work for all of us, regardless of what God or not we have and who we love or don’t. Jeannie Kenlee, 50900 Country Knolls Dr., Granger, Indiana, stated that she works about seven blocks from here and go to church in a different direction seven blocks from here. She stated that she is here to answers some of the questions that she has heard and have been raised. She stated that her daughter came out a few years ago as a lesbian. She stated that she was confused, upset and very much uninformed. She would have stayed that way but decided she had to move on, get over it, and so she did. She stated that she learned the truth about homosexuality. She learned that what her church had taught her was not true. Modern theologians do not believe the same as theologians that wrote the Bible years and years ago. She stated that by what she has seen the Council sometimes seems as confused as she was. She advised that the Council cannot stay that way, because it is bad for South Bend. She stated that by not passing this bill tonight you will be losing some of the best young people. She stated that her daughter graduated from Clay High School, she graduated from Purdue, she has her Master’s Degree, she is 28 years old and has been very successful in law enforcement in the Gary/Hammond East Chicago Area, she was an officer in the military for 10 years and she now works for the Federal Government. She could live and work here if she wanted to, but she doesn’t 14 REGULAR MEETING MARCH 26, 2012 want to because were not open. She stated that her other kids who are not gay are successful and live in Cincinnati, Dallas and Austin. The taxes they pay and their community involvement would be an asset to South Bend, but that is never going to happen if we are not progressive. That is just the mindset of young people. She stated that her older brother spent his career bringing major businesses into major cities on the west coast. He looks at this issue as a major stumbling block to economic progress in South Bend. He says that Cities are seen as lacking the ability to unify and be progressive by perspective businesses when they are stuck on issues like this. This vote has been a stumbling block for South Bend. She said she was sitting at her desk on Friday, having told nothing about any of this and overheard one of her co-workers in another office say “what is going on, all we hear about in the news is this GLBT issue before the Common Council.” She said she got up and explained that the Council is going to vote on adding this amendment to Human Rights bill. The reply she got was “why can’t people just get over it and move on.” That is what they are asking, get over it and move on. Allow them to be protected like the Council and she are protected. They also need to be protected. She reiterated that the City is definitely losing people who could do a world of good here. The more progressive the people are here the more business is going to want come here. Businesses aren’t going to look at South Bend if you don’t have progress and stuck on little issues like this one. She urged the Council to pass this bill. Marianne Chalstrom, 6103 S. Bridgeton Lane, South Bend, Indiana, stated that she is an ordained member of the United Methodist Church, her last position was District Superintendent in Kosciusko, Marshall and Whitely Counties. She stated that her husband is a retired member of federal employees. She said that they live in South Bend by choice, they are retirees, they could go to Tucson, Phoenix, or Orlando, but they are in South Bend. Thank God we missed the snow this year. She stated that she is here today because she stands in solidarity with the GLBT Community and affirm Bill 9-12. She stated 30 years ago she had a hard time getting a job because of her gender. So she gets it about job discrimination. She stated that her husband and her want to live in South Bend because they like it, they like the cultural advantages, they don’t mind shoveling snow, but they want to live in a community that Councilmember Ferlic described as diverse, modern, welcoming city. She stated that she has lived overseas in two other continents; she has lived in many other states. She said she rejects the idea of South Bend succumbing to a climate of fear. She urged the Council’s unanimous support of Bill 9- 12, that underscores the need for justice and fairness for all citizens in this community. She believes this is the civil rights issue of our day for this generation and looks forward to seeing us in this generation in South Bend on the right side of history on this issue. Martha Carrol, 638 E. Ewing, Pastor, South Side Christian Church Disciples of Christ. She stated that as a pastor it is important for her to take the time to listen to people. She stated that over and over she has heard people struggle to do the right thing, to make the right decision, to act with integrity. In this spirit, she expresses to the opposition that his description of gay and lesbian people as promiscuous and immoral and did not described the members of the church she serves. She stated that they recently celebrated the anniversary of a couple, two women, who had been together for 38 years now. He responded well that is the exception. Another couple, two men, who have been together for 22 years, they met at Notre Dame as students. Another woman in her church, jokes that her lesbian sister who has been with her partner for 44 years has a marriage that has outlasted her heterosexual one. This is no an exception in the world in which she lives. It’s the norm. She stated that it is important to know two things: One is that others can despise us, talk about us, ridicule use, blame us, and accuse us of behavior that is immoral, perverted or whatever words they choose to use, such language is abusive, demeaning, insulting and slanderous. But know this much of what is said with little thought for the harm that it causes are the same things her father use to describe black people when she was growing up. Prejudice is prejudice and the arguments are the same, only the target changes. For instances that old bathroom fear, we heard that back in the late 70’s and early 80’s during the campaign to pass the equal rights amendment. But even further back when she was a child growing up in Louisiana people were horrified at the idea of blacks and whites’ using the same bathroom, isn’t that amazing and doesn’t that show incredible ignorance about people. Failure to pass this bill gives credence to all 15 REGULAR MEETING MARCH 26, 2012 stereotypical images that are destructive and the majority of opinion of Brown vs. The Board of Education, Supreme Court Justice Earl Warren read that the climate created by discrimination resulted in harm that could never be undone. That young people living in such a climate were forever damaged by it. The climate here in South Bend is oppressive. Devon Smith, a straight women and a graduate of Harvard Divinity School who received a doctorate from Notre Dame moved away because she did not feel that this is a safe or welcoming community. She stated that she knows people who remained closeted for fear of losing their jobs. Passage of this bill will address and give recourse to someone who loses a job based on sexual orientation only. The office manager of her church used to be the pre-trial diversion director at the St. Joseph County Prosecutor’s Office; she left that job after Mike Barnes left office and began working as a paralegal at a South Bend law firm. After working there for a year and receiving a good yearly evaluation and a raise, she was fired. Why, her boss overheard her speaking to her partner on the phone during her lunch break, she was away from her desk. The next morning he fired her telling her bluntly that he wasn’t going to work a lesbian. And still we hear the question is there really discrimination here? There is, make no mistake about it, the civil rights issue of our day. You disagree, John Becker wrote this week in an on- line newspaper: James Byrd Jr. murdered because he was black as every bit as dead as Matthew Shepherd who was killed because he was gay. She added Tyler Clementi who jumped off a bridge and killed himself after being outed by his roommate. A friend who teaches at the University of Illinois in Chicago, described to her a young student there, a transsexual who jumped to his death from scaffolding only three weeks. Walking while black or living while gay should not be a crime. All we are asking for is the right to take a grievance to the Human Rights Commission for a fair hearing and for the Human Rights Commission to act as mediators. A small thing, an important thing, a necessary and right and good thing, and of course churches are exempt. Regina Williams-Preston, 838 N. Elmer, South Bend, Indiana, stated that when it came to her attention that our city had the opportunity to adopt a new non-discrimination policy that includes protection from discrimination for sexual orientation, frankly she was surprised to learn that this is not already included in our city’s definition of human rights. She identifies at heterosexual, catholic, African-American woman, happily married for five years. She is a middle school teacher and as such, she knows the importance of affirming the experience of all students no matter their race, ethnicity, gender or sexual orientation. Yes, middle school students are struggle with issues of sexual identity. As evidenced in the rise of school bullying and recent high profile suicides of children being targeted for being gay. In the school setting, we must protect all students’ right to dignity. You may be surprised by the number of her students who have two moms or two dads. Even though they do not identify themselves, they are directly affected and deeply scared by discrimination against people based on sexual orientation. There are many voices calling for the elimination of bullying in schools. She said that we can talk to young people until we are blue in the face but as any teacher can tell you the transfer of knowledge is best done through experience and modeling, it starts with the adults. We have to stand up and say it is not okay to target people for humiliation or discrimination based on their sexual orientation. We have to do this through our own actions. The way we treat each other everyday, but most importantly, through the law. We may not all agree that sexual orientation is a choice, but most everyone would agree that no matter our sexual identity we are all human. And as human beings we all deserve equal and fair treatment under the law. Any discrimination with regard to education, housing or employment is wrong morally. We need to make all discrimination wrong legally. Over the course of history, the social evolution of human interaction has shown that laws change long before attitudes and actions. We write laws to guide our order and civility, but a change in the law doesn’t bring about an immediate change of mind. Yes, we know that change is a process. Start the process, vote to make a legal commitment to expand the scope of our non-discrimination policy to include sexual orientation. Paul Phair, 116 E. Northshore, South Bend, Indiana, stated that tonight we have heard a lot of eloquent, passionate, persuasive statements. He stated that as a young person in South Bend and someone who is involved both professionally and charitably in a lot of different organizations and a lot of events, just wanted to share a very brief opinion that he holds on a larger context of what this ordinance means for our community. In order to 16 REGULAR MEETING MARCH 26, 2012 be a progressive innovative community with a flourishing climate of business, social, and cultural activity we must be accepting and inclusive of all citizens to attract and retain the talented and creative people that can lead us to our ideal future. So in the spirit of inclusiveness and acceptance, he asked that the Council pass Bill 9-12 tonight. th Melissa Stokely, 910 E. 4 Street, Mishawaka, Indiana, she read a statement for the local NOW, (National Organization for Women.) We are committed to fighting discrimination based on sexual orientation or gender identity in all areas, including employment, housing, public accommodations, health services, child custody and military policies. NOW is committed to educational efforts that combat the adverse effects of homophobia and promote positive images in the media and ultimately ensure civil rights protection for all. NOW supports adding sexual orientation and gender identity to South Bend’s Human Rights Ordinance. She also wanted to say that her name is Melissa and tonight she is not here tonight because she is black, not because she is white, not here because she is straight or that she is gay, she is here because she is a human being and thinks that we can all agree that human beings deserve total equality and that should make the decision pretty simple. Marguerite Taylor, 714 E. Corby, South Bend, Indiana, advised that this last fall she was a part of the delegation for the All American City Competition in Kansas City, Kansas. She stated that she cannot tell you how happy she was that South Bend was designated an “All American City.” She stated that she is not gay, a lesbian, a transsexual, but she is a grandmother! She stated that she is a grandmother who loves South Bend, a sixth generation northeast neighborhood neighbor. She stated that this is just the right thing to do. Please, please pass this law because it is the right thing to do. She stated that she belongs to the United Religious Community, the President is a Baha’i, the Vice-President is a Jew, the Treasurer is a Catholic, and the Secretary, who doesn’t take minutes, is her. So how much more diverse can you get than that. South Bend is truly a welcoming city; it is an “All American City.” Do the right thing. Derek McDowell, 56321 Oak Road, Queer Straight Alliance, thanked the Council for all their hard work for the City. She stated that he is the President of the Queer Straight Alliance (QSA) at John Adams High School. He stated that he has served as the President for QSA for three years. Every year the QSA along with approximately 250 other students participate in the National Day of Silence, honoring gay, lesbian, bi-sexual, transgendered and queer students that have been silenced by bullies in our own community. In all the years that he has been a part of this group at John Adams High School, they have not only had homosexual and transgendered students report bullying because of their orientation or identity but also heterosexual members who have been perceived to be gay, transgendered, or just plain weird that support us. He stated that this discrimination and bullying needs to stop. He asked the Council to look beyond just employment and housing rights, but what this bill can mean if it is passed. It will give the students of our community the confidence to be in school. He stated that he has had to support many fellow students who have attempted suicide because of the discrimination they have faced. He doesn’t want this to happen anymore. He stated that our youth need to grow up in a welcoming and supportive community despite their sexual orientation and gender identity. He stated that he personally supports the passing of Bill 9-12 in order to make our city a more welcoming place to youth who wish to build a st future in our 21 Century City South Bend. Sue Chestnut, 316 Parkovash, South Bend, Indiana, advised that she is a life time resident, born at Memorial Hospital, went to the old Centre Twp. School, graduated from Riley High School, and IUSB. She stated this is her town. She stated that when she moved 22 years ago onto Parkovash she was very pleased that there were on this 3 ½ block street that there were four residences quietly keeping house a couple of lesbian couples, a couple of gays couples, everybody got along fine, everybody got along fine, it was no problem in the neighborhood. Unlike Mr. Mangan who came here to attend Notre Dame and stayed to work at his marketing career, she is a life time resident. She stated that she believes in separation of Church and State, this is a human rights issue, it’s not a religious issue, equal treatment for all should be a no brainer in 2012. This isn’t the 60’s, she was there too! They talked about the restrooms, the school system had Summer 17 REGULAR MEETING MARCH 26, 2012 Theatre and some of the dancers were gay guys and they dressed in our dressing room and they didn’t care, it wasn’t like guys were in the dressing room with us. If this were a religious issue she could speak that to, because she is a 50 plus member of the United Methodist Church. She was Methodist before it was united! She stated that she is married to an ordained United Methodist Minister who is retired. She doesn’t want anyone to believe that this group of bigots because that’s how she feels about it that they represent the God loving people in this community because they certainly do not represent her and what she believes. She stated that she finds the behavior of Citizens for Community Values morally objectionable. They have a right to speak and say what they want to and that’s because there are rights set out there so they can do that. The second reason she is here is to give her own opinion. Unlike Mr. Mangan who is paid to do what he is doing, she doesn’t work for the highest bidder, his job is to try to influence people, he’s a spin doctor, and she doesn’t want the Council to loose track of that fact. Please pass this bill because it’s just the decent thing to do. Josh Wells, 1325 Monroe Street, South Bend, Indiana, Assistant Professor, IUSB, stated that he wasn’t going to speak tonight, but felt compelled by some of the things that he has heard tonight. He stated that he is an Assistant Professor in Anthropology & Informatics st at IUSB. He stated that there has been a lot of discussion of 21 Century Economics and the place of the City in the global economy. He stated that he is going to talk about his job and how he sees his students and all of the students. He stated that he only speaking of course for himself as a citizen and not his employer or for any of his colleagues specifically. The discussion of keeping brains from draining out of South Bend is something of vital importance to him in his job for the institution of higher education. The State has tasked him through his employer to help keep those brains here in Indiana. To help provide services and infrastructure that allows South Bend and the surrounding part of Indiana to flourish in this new economy. He stated that in one part of his job in anthropology he is tasked with teaching his students about the importance of respecting other cultures, religions, human beings from around the globe wherever they come from and how to work with them fruitfully as an equal partner, economically, politically etc. He stated that with his informatics hat he is tasked with giving students skills to compete successfully with technology, with tools, to build infrastructure for all of us in this country and here in South Bend. He stated that one of the reasons that he is up here tonight is because he saw so many of his students out here in the room and he thought to himself, and frankly he cannot quote the rules that would hit him up for it, but he started to wonder what would happen to him in his place of employment if he looked at a gay or lesbian student out in the class and said I am not going teach you to get a college degree because I don’t like you. He stated that he cannot prove that this would happen, but he stated he didn’t think he would last very long. It would also violate every aspect of his conscience so he wouldn’t do that. But when he advises student about what to do with their lives in the future, he tries to keep as many of them here as possible. He stated that it would break his heart as a citizen and as an educator to hear one them come back to him and say after he had advised them to stay and use their skills to help us here, that they got canned for being who there are. He stated the main reason that he is here tonight is because at the end of a 10 hour work day, teaching our students to build this community, he drove home to his little tan house and hugged both his kids, walked in and his wife had dinner ready, his wife of 15 years and she said honey you better go down to the City Council Meeting tonight, because they are doing that anti-discrimination ordinance thing and one of us ought to go and talk about it. He stated that is his female wife. Let’s pass this thing. Kelly Loughlin, 208 St. Lo, Mishawaka, Indiana, stated that she runs Gay, Straight Alliance at Mishawaka High School. She stated that both her parents were born in South Bend. She stated that her mother worked for the South Bend Police Department and her entire family lives in South Bend. She stated that when she was younger she asked her parents why did we move from South Bend to Mishawaka and they said well we didn’t want you in South Bend schools. She stated that when she asks her friends what are your plans after high school? Many say they are going to attend IUSB, go from a Mishawaka High School to a South Bend College. She stated that when she asks if they are planning to stay in South Bend after they graduate from IUSB they say they are completely moving out of the State even. They don’t want to stay in an area where they don’t feel 18 REGULAR MEETING MARCH 26, 2012 welcome. Many other friends who go to Bloomington, Indianapolis, Chicago, some even New York are excited and come back different, refreshed with new ideas and that’s wonderful especially if they come back to South Bend and feel like they are welcomed to stay here, especially if they get a house. Also any religious implications of this, personally, she is an ordained minister and found some crazy website that would sign her up, because she had a name and an e-mail address and now she is an ordained minister. If that means anything to you, then she fully supports this and thanked the Council for listening. Patrick O’Neil, 1135 Bissell, South Bend, Indiana, stated that he has lived here most of his live and attended IUSB and got his master degree from there. Also, in his past he was in the Army, fought in Iraq for year, saw some of his friends get hurt, people tried to hurt him. It is humiliating to have to stand here and ask for equal rights. He stated for any of the Council that is going to vote against this and say that he is not entitled to equal protection under the laws that he fought for, he got here early, he’ll be in the front row, and you can say it to his face. Ryan Nell, 17615 Helper, South Bend, Indiana, stated that he is currently a PhD student at Notre Dame, studying in civil engineering and geological sciences department, an Eagle Scout. He stated that he was very reluctant to come to South Bend because of what he had heard in the national news. He had made the decision willingly because it was a great school and when he came to visit this area he felt it was a welcoming environment. He has since purchased a house and plan to live here for the next number of years. Knowing this and had no idea until today that there was no such clause in the ordinance for his equal right to own such a house, as well as lease out his property to others and their right be protected. He stated that he appreciated the person who spoke before him and to show that there are people in his age bracket not just their parents talking about this. This is a real issue and he appreciates the Council’s time. Chris Williams, 1623 S. Scott, South Bend, Indiana, stated that he has lived here his entire life. He grew up in Mishawaka, a stone’s throw away. He stated that he wants to live here for the rest of his life. He stated that he is currently a student at IUSB. He stated that his professor got up and spoke earlier. He wants to continue a legacy here, he would love to come back and be a professor at IUSB in English, which is what he is going to school for. He doesn’t see a reason why we aren’t all equal yet. We are all human beings, this is not anything that should have been discussed but here we are. He reiterated that he wanted to stay here, please pass this so he has a reason to be proud of living here and he can tell his kids that he is proud to live here. Evan Grantham-Brown, 5735 Ottawa Court, (2B) Mishawaka, Indiana, stated that he works in South Bend and has many friends who live in South Bend. He wanted to say to everyone here tonight that someone you know is gay. Someone you know is gay and you don’t know it because they are afraid to speak. It maybe a friend, a family member, or a co-worker who is afraid to speak because they know what can happen if they do. He stated that we are surrounded by people who live in fear and we don’t know about it. He asked the Council to lift that fear tonight. Councilmember Varner made a motion to recess for ten (10) minutes. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. The meeting reconvened at 9:50 p.m. The following individuals spoke in opposition to the bill: Patrick Mangan, P. O. Box, Notre Dame, Indiana, Executive Director of Citizens for Community Values of Indiana presented a report in binder form heavily documented with evidence citing over 150 incidents citing over 150 incidents of the violation of the constitutional rights of freedom of speech, religion and assembly where homosexual rights are passed. He argued that the law was “unnecessarily, unfair, unjust unconstitutional and unenforceable.” 19 REGULAR MEETING MARCH 26, 2012 Bryan Beauman, Attorney, Alliance Defense Fund, exposed the lack of protection for individual employers of faith. Dr. Charles Rice, professor emeritus of law, at the University of Notre Dame, detailed the vagueness in the law and how it will put the government in the position of determining what the mission of a religious organization in and whether or not their beliefs are “good enough.” Professor Rice continually challenged the authors of the bill to eliminate vagueness and that if they know what the vagueness is supposed to mean, then they ought to “put it in the bill.” He concluded that the bill was not “a piece of legislation but an ideological manifesto.” Dr. Rice quoted the Catechism of the Catholic Church that states “homosexual acts are intrinsically disordered.” Councilmember Dr. Fred Ferlic objected to Dr. Rice’s statement and said that the catechism was wrong. Dr. Phil Sutton, 528 Ostemo Place, South Bend, Indiana, Clinical Physiologist, spoke opposed to the bill. He advised that he is a licensed family therapist and clinical social worker. He is licensed in Michigan and Ohio as a psychologist. He stated that he is a member of the National Association for Research in homosexuality, and the Director of the International Federation of Therapeutic Choice. He stated that he has written to the Council several times and won’t reiterate what he has written. He stated that in his personal and professional experience, persons having any of the GLBT lifestyles have been significantly disaffirmed in their lives. He regrets that his opposition to the ordinance may seem to any of them as a disaffirmation. He stated that the passing of this ordinance would disaffirm them even more. Falsehood always disaffirms and such an ordinance perpetuates the myths that homosexuality is innate or people are “born that way.” That homosexuality is unchangeable or that the GLBT behaviors and lifestyles are actually normal and healthy. He stated that he thinks this ordinance stands to disaffirm those who live the lifestyles as well as the general public and children. Given the significant risks to medical and mental health associated with these behaviors and lifestyles it is a disservice to those who live those lifestyles to treat their risky and potentially dangerous behaviors as it they were not. Experience in other cities that have passed similar ordinances shows that subsequent ordinances to legislate the promotion and acceptance of these lifestyles will follow. He stated that as a grandfather of five (5) and someone who has counseled in schools both public and private for 20 years, he has a particular concern that the counter pattern of gay activists petitioning local school corporations to teach GLBT lifestyles and behaviors as being normal, natural and healthy. We would disaffirm our schools age children by allowing them to be exposed to such ideas and encourage them to practice these behaviors. Not only because they have such a significant health risk but also because they can become compulsive in nature. The current ordinance does not address that issue, but experience elsewhere shows that once such an ordinance is passed it’s a foot in the door for activist to influence other areas of community life like the school curriculum. The government in the City of South Bend will have a difficult time enforcing this proposed ordinance for a simple reason: It is scientifically difficult to measure the concepts of sexual orientation or gender identity. There are frankly no biological or objective tests for doing so. In the end, self report, that means a persons word claiming to have a particular orientation or identity or not having them is what you are left with. In no way is either orientation or gender identity identifiable as sex, race and other existing characteristics covered by the city current non- discrimination code. He stated that it is an injustice to people who have suffered or still suffer based on “race, religion, color, sex, disability and natural origin” to have their suffering and efforts to obtain fair and equal treatment equal to sexual orientation or gender identity. He stated that he has read and heard recent accounts of African- Americans who have stated this view quite passionately. So many of those who live the GLBT lifestyles have not suffered access to employment, education, housing, or political participation to the significant extent of those minority race or other characteristics have. .While attempting to address the anticipated concerns of some members of the local GLBT community, he has yet to hear that significant discrimination exists. Also, as elsewhere there is irony that the local GLBT community appears to be as our other GLBT communities nationally and internationally so well advantaged in terms of education, employment, financial resources and political influence it is difficult to think that the 20 REGULAR MEETING MARCH 26, 2012 local GLBT folks as truly being a disenfranchised and discriminated against minority. GLBT folks certainly minorities in number, but in no other way that other protected minority truly are or have been. Richard Urda, 3104 Springwood, South Bend, Indiana, read a letter from Bishop Kevin C. Rhoades calling on the Council to reject the measure and cited concerns about the indoctrination of children, which has happened in other localities. A copy of the letter is on file in the Office of the City Clerk. Jessica Williams, 2518 Oakland, (Apt. 209) Elkhart , Indiana, advised that she was a student at ITT Tech in South Bend and in South Bend quite a bit. She urged the Council to vote against this ordinance. She stated that she lived a homosexual lifestyle for more than 10 years. In that time she was never ever denied employment or service in any establishment, because of her lifestyle. As a matter of fact she experienced more discrimination due to her weight and the color of her skin than anything else. During that time in her life she was also a drug addict, which put her in the line of fire for great discrimination which never happened. She stated that she stands before the Council tonight to say whether we like it or not discrimination is happening and will continue to happen. There are already laws and ordinances already put in place to assist with this. When we decide to compromise our beliefs or give special treatment to certain individuals that’s when we lose. We lose our integrity, our dignity, and our self-respect. Being a homosexual is a choice, we are not born this way and just like choices we make there may be consequences that come especially when we flaunt them and throw them in other peoples faces. Lastly, we have the right to feel safe. We have the right to make sure our children are safe, if we allow grown men or women, dressed like a man or woman or a clown in the opposite restroom where her daughter or son is going to be that doesn’t feel safe. She stated that she is not accusing anyone of anything however, grown men and women; do not belong in opposite restrooms. If this passes we will be setting a precedent of special treatment, then what is to stop the next group that asks. Homosexuality is a choice, not a disease, or a disorder, or a birth defect. Pastor Leonard Cook, 2626 Prairie St., Elkhart, Indiana, stated that he is the Pastor of River of Life Church. He stated that he grew up on Grape Road and graduated from Clay High School. He stated that at 16 years old he was a youth pastor and now he is 66 and knows what he is doing. He stated that he worked for 35 years in a factory. He stated that he is also a Housing Authority Commissioner of Elkhart. He stated that he has been working with the Mayor and gave him a key to the City and still calls for counsel. He stated that they just purchased the former Bayer facility and opened up a teen challenge, the first one in Indiana and have a six month log in. He stated that there is so much healing and deliverance at that is what he is going to give his testimonies for this. This is the time of the season where the enemy is out to destroy the families and believes that this rights movement will also bring destruction to families and even to people’s lives. What we are really supposed to be doing is restoring the hearth of the Father through the children and the children through the Father. There was a great blessing right now on spiritual mothers and fathers. He stated that as a Pastor he has come tonight because they have teams trained that have brought so much healing and deliverance to people involved in homosexuality, dozen of them. God loves everybody, we love everybody, we show them that they love them and care for them and we have gift and purpose classes and when they found that out, they realize that they are on a very confused path. We want to make sure that our laws line up with God’s laws. Every one of them that we have brought healing and deliverance to have been hurt, they have been abused, they have emotional problems and they are in bondage and so forth. In closing he read a testimony by a man named Tony who wrote this just this year: It is a secret of spirit a hurtful one it is a spirit that is ruining families and family values in which there is confusion to the kids that are sometimes involved. It’s about using each other for personal satisfaction with no commitment. A lot of people are involved they are just covering up their personal pain from abuses as children. It is not the way you are born but it’s a choice that you make. God delivered and set me free and have been married for 19 years and a father also and have three children. He was searching for a true fathers love, but because of the abuse that he went through without a good fatherly role mode in his life, but know realizes that he is free and realize that God is the best father I could ask for and I am free. 21 REGULAR MEETING MARCH 26, 2012 Larry Gates, 20885 Decatur Street, Cassopolis, Michigan, stated that he was born and raised here in South Bend, graduated from Riley High School, 30 years in the automotive business here in South Bend and the near area. He stated that he is the owner of Gates Services, and pre-owned sales on the Corner of Lafayette and Western Avenue in downtown South Bend, also Gates Body Shop and Gates Toyota on Ireland Road south of town. Mr. Gates stated that he firmly believes that Bill 9-12 would have an adverse affect on his family business here in South Bend and more importantly on the overall economic community here. The ordinance if passed would put pressure on his company for fear of reprisal by activists and others to hire people who #1 might not feel are qualified for the job; #2 are not people that they would chose to represent us to the public because they do not meet the moral criteria we adhere to for hiring. A criteria based on personal beliefs and what they know to be the general profile of their customer base. An example might be a man who dresses as a woman wanting to apply for an auto sales position. Bill No. 9-12 would put his company in a position of having to consider hiring people not qualified for the position and hiring those in their judgment do not represent them to public in an appropriate manner. As for the overall economic effect how can South Bend attract and keep new business in this type of an environment. At best Bill No. 9-12 would be a deterrent. He urged the Council to think long and hard about the negative effects of this bill on local business. Jan Torma, 901 Euclid, South Bend, Indiana, a registered nurse, presented evidence of the medical and psychological harms of homo-sexuality. Tom Uebbing, 1737 Brookmede, South Bend, Indiana, Chairperson of the Citizens for Community Values of Indiana No Special Rights Task Force, stated that “everything the other side has said about all this sounds great except for one thing – the hidden and unspoken premise that homosexual activity is good and harmless. False premises lead to false conclusions.” Mr. Uebbing quoted Pope Benedict XVI, who as Cardinal Joseph Ratzinger in 1992 said “the recognition of homosexuality as a factor on which basis it is illegal to discriminate can easily lead, if not automatically, to legislative protection and promotion of homosexuality. He stated that this is all the more deleterious since there is no right to homosexuality, which should therefore not form the basis of judicial claims. He cited cases of indoctrination of children in California, Massachusetts, Canada and in Spain. Joe Sergio, 1919 S. Michigan, South Bend, Indiana, stated that he came here tonight with several pages of notes and after listening to everybody and observing and had a very interesting conversation with one of the ladies who presented on behalf of this ordinance earlier this evening asked him “after hearing this what are you concerned about.” Mr. Sergio said that a number of things strike him, one is going back to hearing members of the GLBT community already saying that they have five (5) of your votes ahead of time before you were elected into office and then celebrating after you were elected makes him very concerned that those Councilmember’s are not very objective about hearing the facts. He stated that he was concerned about the way that they are set up here disappointed at the format of this public hearing, that there are not multiple hearings. So that as they hear information we can try to get facts instead of getting a series of emotional presentations so they can get information. He stated that he is concerned about hearing things from Dr. Pittman, he is a psychologist himself, he has a Master’s Degree in clinical, a PhD from Notre Dame in Organizational Behavior Management, he stated that he is not licensed, he is an entrepreneur, trying to create jobs in the community, but has enough knowledge and has published in national journals to see most of what is being submitted is social sciences heavy on social with no science. The methodology is very flawed. He stated that he spent his entire presentation multiple years ago responding to the twenty-five cases that she brought in and said that they were collected over an eight year period if he recalled. He stated that he is not prepared to go through those in detail but if there would be another hearing he would be prepared to do that. There were people in those cases that weren’t even in our community, not even in our state, many of them did not have any evidence nor did they claim to have any evidence of discrimination. But now they are submitted here again without any time to peruse to say that these are facts 22 REGULAR MEETING MARCH 26, 2012 and that these are cases. He stated that we heard things tonight like it is difficult to estimate the amount of discrimination because they have no Human Right Commission but Indianapolis has had it going on for how many years. There are saying 10 cases and he wasn’t sure if that was 10 cases a year on average. But if that City is 5 times our size, you divide 10 by 5 that 2 cases a year and not all of those cases are legitimate. So he is disappointed that this Council has not done due diligence and looked at the facts and tried to establish that we have a problem and that the size of the solution doesn’t even match the problem. He stated that he is sure that people are discriminated against in the sense of malicious comments are made. But he doesn’t think we could every legislate people to be nice to each other. The kinds of problems that we are going to see with this ordinance are going to hurt people like himself, who have businesses and are doing everything they can to lead a just life trying to live their values. He stated that he is a Roman Catholic and worked real hard. He stated that one of the things that people attack about Catholic and other Christians is you go to Church and leave you Church, and you leave all the values behind. He stated that he has integrated those Christian values into his business and he doesn’t see any exemption for faith inspired businesses to protect us from living the way we want to and that is what America is about. He stated that they should be able st to live their own Christian values. He stated that he is a 1 generation American, his father was born over there, his family came over, we lost lives on Andrea Doria, and his cousin’s died. He knows that his family paid a heavy price to come here and one of things that they admired about this country was that we had a freedom to practice our religion and had the ability to go ahead and build our businesses the way they want to with that faith inspiration. He stated that the Council will be taken that away because he has no exemption for wanting to lead his beliefs in his business and furthermore is very bothered by the fact that there is naivety in thinking that the Human Rights Commission is going to be a way for people to extort businesses. He stated that he knows of someone specifically that had issues through there and even though they were found not one problem in the end, it cost them $40,000 to protect themselves and walk away and say that there was no legitimate accusation. He stated that he has got plenty of research that shows like Dr. Spitzer here, who is the one who lead the charge to reverse the APA; he was the one who wanted to change it so that gay and lesbian was pulled out of the APA, diagnostic and statistical manual. He has changed his opinion on that because he has found so many people have left the lifestyle he knows personally so he is the guy that lead it, when he started digging he had the intellectually honesty to take in the new data and changed his opinion on it. He thanked the Council for the opportunity to be heard. Rhonda Pottinger, 1121 Highland Village Drive, Mishawaka, Indiana, stated that she did not come prepared to speak tonight but felt compelled as a mom and a grandma of five (5). She stated that she has a passion to raise her children in a Godly way. She stated that what she has to say won’t be popular but her supreme example was also not popular and he was crucified for it. She stated that the Council opened this meeting tonight by asking God to grant us knowledge and wisdom. By doing this she presumed we give heed to what God says and redeem it as important and consider it to be the guide for life. She stated that God has already answered this prayer for wisdom by addressing homosexuality for us in the Bible. She was amazed to hear someone say tonight that it is not addressed in the Bible. She has been reading it since she was a child and never questioned it is in there. Even as a child when she read her Bible she understood clearly that homosexuality was said immoral and it was called a sin. She stated that she loves her children but if they choose this life style she will still love them but she will still stand according to God’s word, not her feelings, nor her emotions, nor that she wants to please somebody else, even though her personality is a pleaser. She submitted for the Council’s consideration to be cautious and not to against what God almighty has already said in his word. God is not just balanced by being in the middle of love and judgment, his love is total and complete and so is his judgment. She stated that if we are no longer a Christian nation then vote as you wish. If we are still a Christian nation then may your prayers and votes not be for the favor of man, but for the favor of God himself. Times may be changing but God has remained the same yesterday, today, and forever. She thanked the Council for their consideration. 23 REGULAR MEETING MARCH 26, 2012 Todd Metz, 221 Woodside, South Bend, Indiana, stated that he has a pamphlet from the Alliance Defense Fund that was published in 2009 and there are some things that he would like to read from. Some of this is just statements from U.S. Supreme Court Justices in regard to government control over religious freedom. In one case, it says that it is important to note that the fundamental principal of constitutional law that a government body may not suppress or exclude the speech of private parties just because the speech is religious or contains a religious prospective. This principle cannot be st denied without eviscerating the essential 1 amendment guarantees of free speech and religious freedom. In a combined judges decision “the court has merely held that the establishment clause requires the state to be neutral in its relations to religious believers and non-believers.” “It does not require the state to oppose religion or religious expression, in fact the constitution affirmatively mandates accommodation not merely tolerance of all religions and forbids hostility toward any.” “State power is no more to be used as to handicapped religions then it is to favor them.” He stated that if this ordinance does not specifically protect all religious expression and prohibit discrimination against st religion this will lead to 1 amendment violations specifically freedom of religious expression. This will become eventually a quagmire and a quandary. A quandary for the folks of the Common Council trying to figure out how to deal with these issues and a quagmire for the Courts that are being left to decide these issues. If we expand the rights of gays and transgender we have to also increase protections across the board for religious freedom of expression. If it is not in writing in the bill it cannot be enforced. We will end up exchanging one discriminated group for another and Christians are being increasingly attacked and increasingly discriminated against. We are being forced to increase our tolerance of homosexuality by the same people who are intolerant of our own religious beliefs. In rebuttal in regard to Dr. Catherine Pittman and published by the Alliance Defense Fund: None of the professional medical or mental health associations have banned or declared unethical attempts to help clients who desire to change their sexual orientation. It is true that the American Psychiatric Association removed homosexuality from its elicited disorders in 1973 but that is a far cry from banning counseling assistance from those who seek it. And by no means represents the opinion of all the nation’s medical and counseling professionals. It is a fallacy to conclude from this vote, meaning the APA votes to remove homosexuality from this disorders list that the majority of psychiatrists in the United States were or now are in favor of the action. For only 25% of those eligible to vote are the more than 25,000 psychiatrists sent in their ballots. He reiterated 25% of 25,000. He is convinced by the many people he has interviewed for many of them they have made substantial changes toward becoming heterosexual. He came to this study skeptical but now believes that for many these changes can be sustained. This was Dr. Robert Spitzer commenting on his own research. He supplied a pamphlet to City Clerk John Voorde. Bob Strassburg, 24060 Sunrise Ct., South Bend, Indiana, stated that on behalf of his wife and three (3) children he wanted to appeal to the South Bend Common Council to vote against the proposed amendment to the Human Rights Ordinance that would grant special rights to those who chose to participate in the GLBT lifestyle. He stated that he and his wife have attending all the public meetings to date relating back to this proposed amendment dating back to 2006. As members of the South Bend Common Council you have a tremendous privilege to help shape our society and culture however, with that privilege comes an even greater responsibility. As you know our nation’s governances based upon Judea Christian values that come directly from Gods word. God’s commandments, his statutes and his principles are the foundation of this nations laws. Gods word says in Psalms 11.3 “If the foundations be destroyed what can the righteous do” Part of these foundations are the laws and ordinances that have been established for us as a city, state and nation to live by such that we promote God fearing young people for generations to come.” If the Common Council promotes and condone an ungodly lifestyle by passing legislations that give special privileges to those who a life of sodomy then you are inviting God’s judgment upon yourself, your family and the community in which you serve. God said in his word the Book of Leviticus “Thou shall not live with mankind as with womankind, it is an abomination.” In the New Testament Paul writes in the Book of Romans: That God refers to the practice of sodomy as vial affection. “For even their women did change the natural use into that which is against nature and likewise also the men leaving the natural use of the woman earn their lust one toward 24 REGULAR MEETING MARCH 26, 2012 another.” Men with men working that which is unseemly and receiving in themselves that recompense of their heir which was meat. This is not man’s opinion it is Gods word and his authority. This is a most serious matter which is being discussed tonight and he trusts each member of the Common Council will seek the Lord God and search his word so that you can make the right decision and thereby honor the Lord Jesus Christ whereby brining blessings upon community. Bottom line is this you and I will stand before a holy and righteous God one day and we will give an account of what we have done, our thoughts, our actions, our words and in your case your votes. God is a loving God and he desires that all men, women and children turn that sin whatever that sin is and come to know him as personal savior and Lord. He is a just God and he will judge sin. For each of us to have a respectful and reverent reader the Lord Jesus Christ is a wonderful thing. God’s word says in Proverbs 1.7 the fear of the Lord is the beginning of knowledge but fools despise wisdom and instruction.” He stated that as Councilmember’s may you humbly acknowledge your dependence upon God for wisdom and as a result may we in the community experience the blessing of God based upon adherence to his word and not man’s opinions. Gary King, 730 N. Hill Street, South Bend, Indiana, stated that back in the fall when they were campaigning for office in the fall, something he wishes would have allowed him to be on that side of the table. The main issues that were discussed during the debates and forums were things like jobs and how to take care of the vacant houses and the dilapidated buildings and the Westside. There were a lot of things that were said that we were going to work together to make the City of South Bend better. He stated that he did not remember any serious discussions about this particular type of ordinance. He stated that here we are not even three months after you have been sworn in to represent the City and already have this on the table again. How did that happen? Is it so much more important than taking care of the vacant and abandoned homes and serious business facing the city? He stated that he did some research to figure out what exactly would bring a business to South Bend. He stated that he heard early in the presentations that we want to be a progressive looking city, we want to be inclusive, we want to be perceived st as being a 21 Century City with all kinds of opportunities for every kind of person and that is a good thing. Except for there is no correlation between the Forbes list and it is all printed out here and if you don’t remember how it goes were are like 117th on the list of the cities and they give you the criteria for how they figure out a place to do business, job growth, costs, business and living income growth, educational obtainment, projected economic growth and goes on for several more. He stated that he then looked at how many employers or businesses would want to locate in a City that was GLBT friendly ordinance. It was really hard to find, but he did find a ranking of the 15 highest ranked cities and there is no correlation none, zero, he tried to match them up whatever way he could and it just drove him nuts. He finally figure out that Atlanta is ranked #15 in the GLBT preferred, there were 33 or 37 or some number down there. He is going there next week to visit his son and stop at their City Council and find out what makes them so popular. Are they attracting businesses, there is no correlation, so why does the Council want to put this in. Mr. Gates advised what is going to happen to businesses when someone applies for the job and you turn them down because they don’t think that they are a good fit. What about the ones where you turn somebody down because they thought that someone was just better qualified, you really hit it off in the interview and that person comes back and says they must have though I was gay, in fact I am gay, but I am just as qualified as the other person. Now, that business has to go and defend itself in front of the Human Rights Commission. He stated that he would be afraid to locate a business in a City where he was wondering, now it this is a state wide thing, if Indianapolis’ law is really good and the whole state says that it’s the same for everybody, but now were are going to pick and choose and say maybe I don’t want to locate in South Bend or Mishawka because I am going to get them into trouble, maybe I better locate some place else. He stated that as a Committee of the Whole voting on this and the best thing that can be done is table this motion. Give it some more time to investigate the full impact, get the facts, tweak it, and make it so that it really works if you are going to do it at all. Or, let the State settle it, so that we are not forcing businesses to disregard South Bend as the great City as it is, because now there is one more hoop that they have to jump through in order to make sure that they satisfy all our requirements. 25 REGULAR MEETING MARCH 26, 2012 Kevin Mitschelen, 16061 Petro Drive, Mishawaka, Indiana, stated that he pastors a downtown church that often ministers to the homeless and other street people, said that everyone is broken inside including himself, but the government cannot heal the brokenness, only God. th Phil Niswonger, 741 S. 30 Street, South Bend, Indiana, stated that he has been citizen of South Bend for over 60 years. In American or anywhere in the World there should be no persecution, there should be no harassment and there should definitely no bullying. He is sensitive to that bullying because he was and educator for over sixteen (16) years in high school as well as the college level and that should not happen. It is a problem that we have in this country a lot caused by broken families. Also, he stated that he had the opportunity to be an employment counselor and in Human Resources for over twelve (12) years. He stated that he worked with the City of South Bend in employment counseling for seven (7) years. Recently, he has been the housing committee Chairperson, for the River Park Neighborhood Association for three (3) years and for two (2) years they have been working on a city ordinance for the third time now for the landlord tenant ordinance and hope to submit that to the Council pretty soon. In all of that time, and in all the education experiences, employment counseling experiences and housing experiences, he has not come across any cases where someone who was discriminated against, fired from a job as a result of their sexual orientation. The only except to that would be in the case of bullying and unfortunately some kids tend to bully someone who is rather shy or looks different, not necessarily because of their sexual orientation. A lot of time they don’t even know what that means at that point in their lives. He stated that there are existing protections especially in employment. If someone is fired from a job beyond their work job performance there are remedies for that and employers are very sensitive to that. He stated that people long for acceptance and that was mentioned a few times here this evening. He stated that he is sensitive to that, but on the other side he thinks that the primary reason for this ordinance is not for non- discrimination and personally feels that is a rouse and thinks that the ultimate purpose is two-fold, one to be accepted. Secondly there are unforeseen consequences that have been alluded to by the presenters here this evening and that are our values will decline will be undermined, the core values that formed our country and sustained our country for better or for worse. He stated that he thinks it’s a rouse because other state who have changed their marriage definition many of them have used this kind of ordinance as a base of operation to change the definition of marriage. He stated that if that is the case and the intent by some of the Councilmember’s or others in the audience that marriage can only be genetically consummated between opposite sexes. Pat Mangan in closing quoted from the Word of God on the sinfulness of homosexuality and said while God is merciful He is also just, and warned of God’s judgment. Mr. Mangan emphasized that this was the Word of God and not the work of man. In Rebuttal, Councilmember Gavin Ferlic reiterated that there is evidence as members of the South Bend Human Rights Commission continue to state that they receive reports alleging discrimination on the basis of sexual orientation and unable to investigate because they are not empowered to do so. He stated that the city has the authority to pass such a measure under state law and will be able to enforce it. He stated that those organizations whose beliefs oppose the gay lifestyle are exempt from any discriminatory prohibitions in the bill. Councilmember Gavin Ferlic stated that the Council can take action to allow the Human Rights Commission to address this discrimination. He stated that it is a matter of basic fairness to amend our City’s Human Rights Ordinance to prohibit discrimination on the basis of sexual orientation and gender identity. st Councilmember Scott advised that this is something dear to the constituents of the 1 District and also all the businesses that he has been in have taken this seriously and progressively. He did take the words from Dr. Fred Ferlic “that there should be no discrimination in a forward thinking city.” He thinks for us to get the most talented and the brightest people here we should have no barriers. He stated that he has a comment from one of his customers “ We sponsor twelve different employee resource groups that service as vital communication links between senior leadership ideas and thoughts of employees from various backgrounds and experience and ethnicity, gender, sexual 26 REGULAR MEETING MARCH 26, 2012 orientation, national origin, and generations. Most importantly we engaged all of our team members in helping to design build and sell the worlds best vehicles. We recognize that people are truly our greatest assets and they will only be successful when our employees are able to really be themselves and perform at their highest capabilities inside General Motors within the community. This is the same for Ford, Chrysler, Toyota, Honda, and the rest of his customers. He stated that he thinks that is his opinion and the opinion of the people of the 1 District. Councilmember Schey advised that she thinks this is the right thing to do with this bill and hopes that this will advance our community towards becoming a more tolerant and accepting community. Councilmember Fred Ferlic advised that obviously there has been a different interpretation of the scenarios presented tonight. He did apologize to Pat and his friend Rick and all the others and our wonderful nurse friend if he sounded arrogant when he talked about the catechism. He stated that wasn’t the point he was selecting one particular interpretation of that. He stated that he was raised on catechism. He stated that as a scientist he tries to look at the facts and figures. His favorite quote one by Patrick Moynahan that he made in 1966 when he said “you entitled to your own opinion but not your own facts.” So he is basing it upon that. Councilmember Varner stated that what he has learned from two previous evenings with this is that this is not as proposed a simple moral decision that has to be made, because there is enormous injustice going on out their in a selected group. He doesn’t profess to understand all the legalities and he does think that some of the references made by both Professor Rice and some of the others folks with regard to the legal nature ought to be examined rather than moving forward. He stated that as it is he cannot believe either one of those folks would stand up here raise a question without sincerely believing that those questions exist and without sincerely believing that this Council perhaps should address them. This rights when they are exercised by people are relative in nature, one persons rights begin with another persons end. The difficult part is deciding where one’s begin and another ones end. He doesn’t profess to have the answer to that and there is a better answer than what is proposed here tonight and thinks we should take the time to discuss it. One of things that concerns him as much as anything he knows that part of the things that Dr. Ferlic mentioned is that one of the problems with having your own facts or not having your own facts is that there are so many facts out there that people could interpret, that need to be interpreted and thinks that they need to be considered. One of the concerns he has is one of Murphy’ Laws and that the result of the unintended consequences. He sincerely believes and he is an employer a small employer, that if he finds himself confronted with a circumstance that it is difficult, he prefers to address it as such folks like General Motors and Ford do, and they handle it internally. They don’t turn it over to a quasi-judicial body that may or may not have a full understanding of everyone’s rights. He respects Mr. Douglas and what he does; there are times when it’s needed. He stated that he thinks there should be an exemption as explained for businesses which have a Christian background as well as just the schools. He stated that he thinks if you have a serious moral concern with how this plays out, then it should be considered. He stated that he hoped we will take the time to consider that. Because one of the unknown consequences of this could be that there are many businesses out there that have a very Christian background that will not consider locating here. He doesn’t for the life of him understand how putting one groups concerns before another ones makes us any more progressive except for in the eyes of the political manifesto. The best reason that we have heard tonight is that everybody else is doing it. He stated that he doesn’t know that the reason everybody else is doing is because it is good bad or indifferent, he just doesn’t know. He stated that he had hoped that they would take the time to look more deeply at this. It’s been a long night for everybody, but one of the questions that should be asked is that if in fact there are better answers; better language and he suspected that there are gentlemen here tonight who could help us with some of that, are the folks here tonight willing to consider amendments? Because if there is no one willing to consider amendments then we might as well have the vote. 27 REGULAR MEETING MARCH 26, 2012 Councilmember Dieter advised that this is a passionate subject and is sure that a lot of the things that were brought up that we would bring everybody in 10 or 15 years it would be about the same thing. He stated that what he did and he stated that he is not a scientist, but he tried to look through emotional responses at church, and what everybody believes and look at what is germane to him in making a decision on this. He stated #1 he hasn’t seen any economic analysis about this bill and how it would effect like Mr. King stated the new jobs; he hasn’t seen any part of that other than verbiage of how many people would suddenly come to South Bend because of that. Also, one of the questions that he has and he doesn’t want to go back and forth with Gavin, but will just get them out here on the record. If this ordinance is passed tonight what employers in the City of South Bend have six or more employees would be governed unless specifically exempt and that is one of the questions that he would have. Secondly, what notice would be given to those employers that the regulations would now be taking effect? He wonder if someone would be knocking on doors, sending out letters to make sure that every employer, every housing person in South Bend knows what’s going on. One thing if it does pass tonight and the Mayor said that he would sign it, does anyone in here know when that would take effect. He stated that date would be April 6, 2012, so is eleven days a reasonable amount of time for a South Bend employers, business owners, human resource personnel, etc. to comply with what we are taking about here tonight which is seen as vague language. Also is the City of South Bend when we put this information out to the public are we going to offer training and education to make sure that everybody is on the same page of what we are talking about in this bill. Each side had different variations from different attorneys on what it is. He stated that he is going to ask the Council Attorney on what her view is. But if we are going to do this and they want to have something that works, then he thinks you need to train the business people and all employers to know what should be done and what shouldn’t be done. There is a lot of other questions that he has, again he thinks that it is evident unfortunately, what were are asking is that when incidents occur and our own Human Rights people in 2005 put a statement together and in 2010 did a Resolution of this very issue, they don’t even write down the people that come through their doors asking for help. He stated that in his line of work he has a thing called probable cause and he would think that if he is so passionate about this issue, so passionate about this being a problem in South Bend, I would be marking down every time someone comes through the door to make a claim about this, so when I would come to the Council, I could say we’ve had 19 complaints about this. They don’t keep track, they don’t have any. He reiterated that there are a lot of questions that haven’t been answered. He appreciated everyone’s input and filed with City Clerk a statement from former Councilmember Timothy Rouse. Councilmember Gavin Ferlic asked Council Attorney Kathleen Cekanski-Farrand with respect to notice any ordinance that is passed is it published. Council Attorney Kathleen Cekanski-Farrand stated yes it is Councilmember Gavin Ferlic reiterated responding to vague language this language is almost identical to the language used in Indianapolis, establishing precedent at again that ordinance has not been successfully challenged. He stated that he thinks fear and misunderstanding a lot of times fuels one to think that this might have some unintended consequences but again, this has not happened across the country, this is passed in nearly every major city. He stated that this is not to say that we are doing this or sponsoring. This because they want to be like every other city, we are doing this because this is the right thing to do. Councilmember Oliver Davis sated that he is thankful that this was brought up. He stated that they fought hard in 2010. He stated that the City of Indianapolis is a growing city and he loves being in Indianapolis and seeing all the businesses when driving through the city. He stated that he is sure there are many businesses with Christian values in Indy and they have not left the city because of the legislation that they have passed. He stated other cities where this legislation is passed like Bloomington and Kalamazoo are not losing businesses. People have not all left because of these kinds of things. The bathroom stuff is just not that hard to deal with after hearing his father who grew up in Alabama talk about his mother who grew up with only white and only black bathrooms. 28 REGULAR MEETING MARCH 26, 2012 th He stated that in 1945 his Church 7 Adventist split over racial issues. He stated that they haven’t come back together to this day. He stated that saying that this could be problematic, it could this, or it could be that, and it has not yet been proven in a court of law is just somebody’s assumption. He stated that is a concern of his. He noted that it was said that this is a Christian Nation, no that’s not what the founding fathers said; we are a nation that accepts all faith. He stated he is a Christian and when his neighborhood down the street who claims to be an atheist calls and says she needs help in the yard, he still has to deal with her. She thanks him and she doesn’t even believe. He stated that we are a nation that allows a group of people to come through and say whether you believe in God or whether you didn’t you are going to be here. Over in the King’s English and you weren’t part of the King’s religion you would die. This nation was raised on the fact that you could have all different faith and so when people say we are a Christian Nation that is false. He stated even with him being a third generation Christian and all that kind of stuff and an ordained Elder, we are a nation of all people, who can pray, use the torah, use everything else and is thankful of that. He stated that he goes to church on Saturday, and does not legislate with his beliefs, because then he would vote against the parks that on Friday night until Saturday night anybody from the Jewish faith would understand that, they would shut down the city on Friday night, they would shut down the parks on Friday night no parks on Friday night. He stated that he is a vegetarian, and takes that to the whole extent. He stated that he voted on a special exception a couple of meetings ago to reopen a bar/night club on Western Avenue and he doesn’t drink. He would get thrown out of his church if he did. He stated that there are things that come up and need to separated, he voted for the special exception as a member of the Council, not as a member of this church. He stated that he believes in the separation of Church and State. He stated that we have to respect everyone, it’s not always easy and that what he has told many people in his church. He stated that we need to make sure that Mr. Douglas and his department will have the training they need and for them to be able to provide the training to businesses. He stated that they are going hosting the National Human Rights Commission conference this year. What better timing of passing this ordinance when the whole nation will be coming here to learn and will be so thankful to be using South Bend as a model. Councilmember Henry Davis stated that he has not been this quite in a Council meeting ever. He thanked everyone for coming out tonight. He stated that he had his hood on earlier and he had it on in solidarity on what’s going on nationally. He stated that he thinks everyone wants to make a discrimination case. However, he doesn’t see it as a discrimination case; he just sees it as a vigilante losing his mind and taking justice into his own hands. He doesn’t necessarily know if the man who shot Treyvon Martin was a racist and as a matter of fact he doesn’t care if he was a racist, but what he does care about is that he is prosecuted to the full extent of the law for the crime that he has committed. That’s what he cares about and that’s why he has his hoodie on. It’s not because its discrimination, it’s because we are really quick to call people and say you are discriminating, you’re discriminating. He stated that he is not going to get into that, because everyone in here has free will to whatever they choose to do, because you are a human being. He stated that he has been reading for the past couple of weeks, actually the last three years, dealing with some organizations within the community that think that we have not been all inclusive of. He stated that he thinks we have had the opportunity to include certain elements into this bill that we continue to overstep because of our own personal agendas, our own personal thoughts or maybe our fears. He stated that he is going to take a few moments to bring everyone up to date on what’s going on in South Bend, Indiana and across the whole world. He has been reading a book called the New Jim Crow and it’s by Michelle Alexander, with forward by Cornel West. He stated that this book talks intently about the prison systems in the United States of America. Over the last few years and what will exist over the next several years, we have a situation where in the area codes of 46619, 46628 and 46613 where we have over 400 ex-offenders come back into town to their homes seeking out employment, housing and all the other things intently about GLBT rights. He stated that he isn’t going speak against GLBT rights; he wants to talk about how exclusive we really are. He stated that we need to amend this bill to include ex-felons and the reason why is that he chose some excerpts from the book, page 4 “once they are released, meaning ex-felons, they are often denied a right to vote, but not in Indiana that was taken care of some years ago. They are excluded 29 REGULAR MEETING MARCH 26, 2012 from jury’s; and are a part of a social stigma; they are confined to the margins of Main Street society and denied access to the Main Street economy. They are legally denied the ability to obtain employment because of the acts that they committed, housing and public benefits, much as Aftrican-Americans were once forced into segregated second class citizenship in the Jim Crow era. In less than 30 years the U.S. Penal System population exploding from around 300,000 to more than 2 million with drug convictions (non- violent offenders) accounting for the majority of the increase. The United States now has the highest rate of incarceration in the world, nearly every developed country, even surpassing those in highly repression regimes like Russian, China and Iran. He stated that 93 people are in prison for every 1,000 adults and children. In the United States the rate is roughly eight times that or 750 per 100,000. Today, due to recent decline, U.S. Crime Rates have dipped below international norm. Nevertheless, the United States is 6 to 10 times greater in incarceration than that of any industrialized nation. A development directly traceable to the drug war, non-violent offense again. The only country in a world that even comes close to America’s way of incarceration is Russia. No other country in the world incarcerates in such a high percentage of ethnic racial minority. He stated that when people are released from Illinois prisons they are given as little as $10 (gate money) a bus ticket to anywhere in the United States of America most returned to impoverished neighborhoods in the Chicago area bringing very few resources and bearing the stigma of a prison record. In Chicago as in most cities across the country ex-offenders are banned are severally restricted from employment and in large numbers of professions, job categories, licensing, statutes, rules potentially discriminating against the individuals with felony records. According to a study conducted by DePauw University in 2002 in the 98 occupations requiring licenses in Illinois 57 place stipulations or restrictions on applications with a criminal record. Even when not being barred from certain jobs and employment ex-offenders find it extra-ordinarily difficult to find employers who will hire them. Regardless of the nature of their conviction, they are routinely denied public housing, welfare benefits, and is increasingly difficult to obtain education, especially now that the funding for public education has been hard hit to the exploding prison budgets. Young black men are more likely to go to prison than college. As of June 2002, there were nearly 20,000 more black men in the Illinois State Prison system than enrolled in state public universities. This is called all legalized discrimination, we grapple about GLBT issues, and grapple about all these other issues, but in South Bend, Indiana, St. Joseph County, Elkhart County as well have been hit very hard with the re-entry of those who are coming back home who are looking for jobs, employment opportunities, housing and all the other things that we kind of overlook. He stated that he has some people in the audience tonight who came out tonight in solidarity for this issue. He stated that he is bringing this issue to everyone’s attention because it affects us greatly. Councilmember Henry Davis stated that the bill needs to be amended to include ex- felons. He stated that after they are released back into society they are discriminated against when they apply for employment, housing and education. Councilmember Henry Davis made a motion to add ex-offenders to the ordinance. Councilmember Dieter seconded the motion. The motion was defeated. Councilmember Dr. Fred Ferlic stated that he thinks this motion is ill advised. He stated that there are many multi-cultural problems in this nation. He stated that this issue should not be mixed in together with the bill that is before the Council tonight. Councilmember White stated that she has had one discussion with Mr. Lonnie Douglas from the Human Rights Commission on the motion that Councilmember Henry Davis, Jr. has made. She stated that she believes that there is some movement from the State to address this issue. She stated that she would like to have the opportunity to come back to the Council to address this issue. She stated that she did not know the status of the movement and believes that it is a very important issue. Councilmember Ferlic thanked Councilmember Henry Davis for bringing this issue to light. He stated that he concurs with Councilmember White that the Council should work collectively with Mr. Douglas from the Human Rights Commission but does not believe tonight is the time to do this. 30 REGULAR MEETING MARCH 26, 2012 Councilmember Oliver Davis stated that he has spoken with former Councilmember Tim Rouse on this issue and had asked him to submit a bill to include ex-felons in the Human Rights Ordinance. He stated that he told him that he would co-sponsor the bill and help him get that legislation passed. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Oliver J. Davis, Vice President 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 12:37 a.m. Council President Derek D. Dieter presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 10153-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE KEOGAN “HOBBIT” HOUSE AND LOCATED AT 1922 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10154-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW PROVISIONS ADDRESSING GENDER IDENTITY AND SEXUAL ORIENTATION This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Gavin Ferlic seconded the motion which carried by a roll call vote of six (6) ayes (Councilmember’s Scott, Schey, Fred Ferlic, Oliver Davis, Gavin Ferlic, and White) and three (3) nays (Councilmember’s Varner, Henry Davis, Dieter.) RESOLUTIONS 31 REGULAR MEETING MARCH 26, 2012 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 Oliver Davis made a motion to continue this bill until the April 9, 2012 meeting of the Council. Councilmember Varner seconded the motion which carried by a roll call 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 AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1434 GARLAND CIRCLE Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with an unfavorable recommendation. Mr. Mark Lyons, Assistant Zoning Administrator, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is requesting a Special Exception to allow an adult foster care/assisted living home in a “SF” 1 District, on the property located at 1434 Garland Circle. Mr. Lyons stated that the Area Board of Zoning Appeal held a public hearing on February 1, 2012 and sends this bill to the Common Council with no recommendation. There was no presenter for this bill at this time. Councilmember Oliver Davis made a motion to defeat this bill. Councilmember White seconded the motion which carried by a roll call vote of nine (9) ayes. BILL NO. 12-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROMOTING AND FACILITATING GREATER TRANSPARENCY AND ACCOUNTABILITY OF INDIVIDUALS APPOINTED BY THE COMMON COUNCIL TO VARIOUS CITY BOARDS AND COMMISSIONS AND THANKING THESE DEDICATED VOLUNTEERS FOR THEIR SERVICE TO OUR COMMUNITY Councilmember White made a motion to continue this bill until the April 23, 2012 meeting of the Council at the request of the petitioner. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. 32 REGULAR MEETING MARCH 26, 2012 RESOLUTION NO. 4163-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENCOURAGING A RIVERFRONT REDEVELOPMENT DISTRICT ALONG THE BEAUTIFUL ST. JOSEPH RIVER Whereas, the Indiana Department of Natural Resources depicts the above- referenced map on their website about the St. Joseph River at http://www.in.in.gov/dnr/outdoor/4479.htm ; and Whereas, this website describes the historical significance of the St. Joseph River going back to 1669 when the French explorer, LaSalle, navigated the river from Lake Michigan to what is now known as the City of South Bend; and discusses the many recreational activities such as boating, fishing and “just experiencing the river”; and Whereas,in 2004, the Indiana General Assembly enacted Public Law No. 72- 2004 which sets forth regulations for “municipal riverfront development projects”; and Whereas, since that Indiana state law took effect, many Indiana communities such as Columbus, Kokomo, Highland and Madison – just to name a few, have created Riverfront Redevelopment Districts which qualified for the required permits after having demonstrated that the proposed municipal riverfront development project area meets the criteria addressing having at least one (1) boundary on the side of a river; that the premises would be properly located from the river; that the permit premises are within an economic development area, a redevelopment project area, or an urban renewal area; and that part of the funding for the project would be funded by city or state monies; and Whereas, in light of the fact that Indiana Code § 7.1-3-20-16.1 (c) requires the boundaries of the municipal riverfront development project to be specifically designated by the Common Council, it is important to have input from the legislative branch of the City South Bend involved in the planning stage so that the Council has the opportunity to have input in developing positive and vibrant visions for a riverfront development can move forward. Now, Therefore, be it resolved, by the Common Council of the City of South , Bend, Indiana as follows: Section I. The Common Council believes that the City of South Bend, Indiana, should move forward in exercising its authority on an Indiana State Law which has been on the books since 2004, so that a Riverfront Redevelopment District is created along the beautiful and majestic St. Joseph River which flows through out city. Section II. The Common Council believes that the vision for such a Riverfront Redevelopment District should, in addition to addressing the state law requirements which encompass preparing detailed maps, project boundaries, and all of the other criteria; that the process should be as transparent and open so that the Common Council, the City Administration and the residents and business owners have their voices heard. As development of the proposed Riverfront Redevelopment District’s overall plan, goals and objectives are created, discussions should also focus on:  Specific priorities and measureable outcomes  Funding sources  Implementation Timetables  Outreach and promotional activities which would engage our entire South Bend community on this exciting riverfront project. 33 REGULAR MEETING MARCH 26, 2012 Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. rd s/Henry Davis, Jr. , 2 District Council Member th s/Oliver Davis, 6 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 it to the full Council with a favorable recommendation. Councilmember Henry Davis, Jr., made the presentation for this bill. He advised that he and Councilmember Oliver Davis are the co-sponsors of this bill and pleased to submit this resolution to hopefully jump-start the development of a Riverfront Redevelopment District along the St. Joseph River. He noted that since 2004, an Indiana state law has been on the books which provide a tool to create a “municipal riverfront development project.” Councilmember Henry Davis stated that throughout the state there are many communities that have exercised the opportunity to develop vibrant riverfronts such as Anderson, Columbus, Highland, Kokomo and Madison. He stated that they are truly excited about the potential of creating a Riverfront Development District in South Bend. He stated that time is of the essence in moving positively and creatively forward on this project. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 12-27 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY TE SOUTH BEND REDEVELOPMENT COMMISSION 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 it to the full Council with a favorable recommendation. th Mr. Bill Schalliol, Staff Member, Community & Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that this bill would approve an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. He stated that this process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the South Bend Central Development Area (SBCDA) to add various parcels to the SBCDS Acquisition List. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC’s action. The APC’s resolution is what is submitted to the Council. He noted that there are three (3) properties proposed to be added to the acquisition list. The properties are all within the Coveleski Park Planning Area. The subject properties are located on the northwest corner of Main Street and 34 REGULAR MEETING MARCH 26, 2012 Western Avenue and are the present site of the Gates Automotive Used Car Sales Lot. The properties were acquired as part of the sixteen (16) parcel acquisition from GMS Realty. Because these parcels were not on the acquisition list at the time of purchase, the properties were donated to the Board of Public Works and this process of amending the plan is necessary to allow for the properties to be transferred to the Redevelopment Commission. After much discussion and questions for Mr. Schalliol, Councilmember Oliver Davis made a motion to adopt this resolution. Councilmember Gavin Ferlic seconded the motion which was defeated by a roll call vote of five (5) nays (Councilmember’s Scott, Henry Davis, Fred Ferlic, White and Dieter.) and four (4) ayes (Councilmember’s Schey, Varner, Oliver Davis, Gavin Ferlic.) Additionally, Councilmember Henry Davis, Jr., made a motion to continue this bill until the April 23, 2012 meeting of the Council until further discussion and questions can be answered by Mr. Schalliol. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILLS - FIRST READING ORDINANCE NO. 10155-12 AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING INDIVIDUAL PARAGRAPHS WITHIN SECTION 2-84.13 AND SECTION 2-84.15 OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING ANNUAL TAX ABATEMENT NOTICE AND REPORTING DATES SUSPENSION OF RULES TO HAVE PUBLIC HEARING AND SECOND AND THIRD READING ON BILL NO. 10-12 Councilmember Henry Davis stated that at the March 12, 2012 Community and Economic Development Committee meeting, Don Inks, Director of the Division of Economic Development gave an update on reporting deadlines under the City’s Tax Abatement Program. He recommended that the reporting requirements could be improved with adjusting the dates in the city’s governing ordinance. Councilmember Henry Davis made a motion to suspend the rules for the purpose of First Reading, Public Hearing and Second and Third Reading on Bill No. 10-12. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. th Don Inks, Director, Division of Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. th Mr. Inks advised that at the Council’s March 12 Community & Economic Development Committee meeting, he gave an update on reporting deadlines under the City’s Tax Abatement Program. He recommended that the reporting requirements could be improved with adjusting the dates in the city’s governing ordinance. He stated that the stth proposed bill would change the initial notice date from February 1 to April 15 and would require the Community & Economic Development Department to complete all notice requirements by regular mail or e-mail by that date. He stated that it would further change the date when the annual report would be filed with the Office of the City Clerk stth and Common Council from March 31 to June 15. The state law requirement from th property owners to complete and file their CF1 Reports would continue to be May 15. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 35 REGULAR MEETING MARCH 26, 2012 UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION BILL NO. 06-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, SECTION 21-05.03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO REVISE THE SINGLE AND TWO-FAMILY RESIDENTIAL ROOF EAVES PROVISIONS Councilmember Oliver Davis made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on April 23, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis, Jr., announced that he will be attending the Young Elected Officials Network Policy Council March 29 – 31, 2012 in Washington, D.C. He stated that the Network will be focusing on five (5) key policy issue areas this year: 1. Building a Healthy Society (Healthcare/Reproductive Rights) 2. Empowering and Educating Communities (K-12 and Higher Education) 3. Defending Workers and Families (Economic Justice/Budget & Tax Reform/Labor Issues) 4. Expanding Democracy (Voter suppression/Corporate Personhood/Equality) 5. Ensuring a Sustainable Future (Energy and the Environment/Green Jobs.) Councilmember Henry Davis, Jr. stated that he would give a report to Council upon his return. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 1:00 a.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 36