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Home My WebLink About06-11-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JUNE 11, 2012 7 : 00 P.M. 1. INVOCATION - REV. JANICE HALL 2. PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 12-52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING CONSUELLA' S ACCOUNTING & TAX SERVICE WITH THE "MAY 2012 SOUTH BEND BUSINESS OF THE MONTH AWARD" 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 12-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 8 . BILLS, THIRD READING TIME: BILL NO. 08-12 THIRD READING 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, DOUGLAS ROAD LAND PARTNERS SOUTH, LP, 17201 DOUGLAS ROAD 12-12 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 9. RESOLUTIONS BILL NO. 12-47 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 319 NILES AVENUE, SOUTH BEND, INDIANA, IS NECESSARY FOR USE AS GENERAL OFFICE SPACE 12-53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THAT WESTERN AVENUE BE DESIGNATED AS A TOP PRIORITY FOR REVITALIZATION AND THAT A NEW ACTION PLAN BE DEVELOPED 10 . BILLS, FIRST READING BILL NO. 19-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9, ADMINISTRATION, SECTION 21-09. 05 DEVELOPMENT REVIEW PROCEDURES IN ORDER TO ADD NEW SECTION (h) COMBINED PUBLIC HEARING PROCEDURE 20-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125. 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION 21--12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS 22-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 801 HILL STREET AND 505 KALORAMA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 23-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET OT BE VACATED (AS A CLARIFICATION FOR VACATION ORDINANCE 9994-10) IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 50 FEET 24-12 FIRST READING ON A BILL TO ESTABLISH CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES WITHIN THE CITY OF SOUTH BEND, INDIANA 25-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY' S POLICY CONCERNING NEPOTISM IN CITY EMPLOYMENT, AND CONTRACTS WITH RELATIVES OF ELECTED CITY OFFICIALS, IN CONFORMITY WITH INDIANA LAW 11 . UNFINISHED BUSINESS 12 . NEW BUSINESS 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. q JOHN W. BYORNI EXECUTIVE IJIRECTOR PC LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN 227 W,JEFFERSON BLVD. ROOM f f40 COUNTY-CITY BLDG. SOUTH SEND,INDIANA 46601 (574) :Z35-9571 May 16, 2012 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Eugene Phillips to zone from SF2 Single Family& Two Family District to CB Community Business District, property located at 501 South Parry Street, City of South Bend -APC4 2632-12 Dear Council Members- 1 hereby Certify that the above referenced ordinance of Eugene Phillips was legally advertised on Thursday, May 3, 2012 and that the Area Plan Commission at its public hearing on Tuesday, May 15, 2012 took the following action: Upon a motion by Karl King, being seconded by Gary Gilot and unanimously carried, the proposed ordinance of Eugene Phillips to zone from SF2 Single Family& Two Family District to CB Community Business District,property located at 50I South Parry Street, City of South Bend is sent to the Common Council with an unfavorable recommendation. Pant' Street is an area that has several development options,depending on the ultimate use of the land to the east along Eddy Street, and to the west along Frances Street. Future redevelopment efforts by the City in this area may require land purchases, potentially making the purchase of this site more expensive with the increase in improvement and land values that a business would generate. In addition, the number of variances from required development standards makes the site too small for the intended use. A commercial use that does not have direct access to a major street should be discouraged. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Q4An W. Byornr JWB jsc Attachment Cc: Eugene Phillips SERVING.ST:JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE.NORTH LIBERTY,OSCEOLA&ROSELAND v w ,scjosephcountyindiana.com/Areapfan Staff APC# 2632-12 Owner: Eugene Phillips Location: 501 South Parry Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from S172 Single Family&Two Family District to CB Community Business District to allow two stall garage(Auto Repair-major). Land Uses and Zoning: On site: On site is a one stall residential garage, on a separate lot from the primary residence. North: To the north are three single family homes zoned SF2 Single Family and Two Family District, and beyond them, a storage lot for the Robert Henry Corporation zoned LI Light Industrial District. East: To the east, across Parry Street, is Information Records Associates, a dance school and a car repair business zoned MU Mixed Use District. South: To the south are five single family homes, and, beyond them, the Marine Corps League zoned SF2 Single Family and Two Family District. West: To the west is a single family home zoned SF2 Single Family and Two Family District. To the northwest is the Robert Henry Corporation zoned LI Light Industrial, District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is 7,540 square feet. The proposed two stall garage is 1,360 square feet or 18% of the lot. The seven parking spaces and drive aisle cover 2,580 square feet or 34%. Residential bufferyard landscaping is shown on three sides behind the building,and foundation landscaping is shown in front of the buildings. Landscaping covers 1,150 square feet or 2%. The use of the remaining 2,500 square feet is unknown at this time. Based on the site plan provided, the following variances will need to be obtained from the Area Board of Zoning Appeals: 1. Side Residential Bufferyard from 20'to 0'for parking; 2. Front Setback from 15'to 0' for parking; 3. Aisle width from 24'to 20'; 4. Parking screening landscaping from what is required by ordinance,to none. Zoning and laud use history do trends: This property was zoned B Residential(Multifamily)under the prior zoning ordinance. When the zoning ordinance was revised in 2004,the zoning changed to SF2 Single Family and Two Family District. Traffic and transportation considerations: Parry Street is a two lane street that runs from a former railroad right-of-way on the north to the Cooper Bridge ramps on the south. The alleys adjacent to this site are not paved. Eugene Phillips #2632-12 Page 1 of 3 Utilities: City of South Bend utilities(water and sewer)are available in Parry Street. Additional information: (Agency comments) The City Engineer states the alley will have to be paved if it will be used for access. The Department of Community and Economic Development refers to the Howard Park Neighborhood Master Plan. The proposed rezoning of 501 S. Parry St. from SF2 to CB Community Business District may not be considered compatible with the vision of the Master Plan. Staff Comments: If Henry Street, as proposed by the Howard Park Neighborhood Master Plan becomes a reality, then the public purchase of this site is probable. Parry Street is a residential street,and should not be used as direct access for business uses. If the rezoning is approved,several variances from the development standards will be required. Commitments: None proposed. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan(November 2006) Objective LU 2.3 Ensure coordination of land uses among adjacent area-specific plans. Objective LU 2.4 Provide buffer spaces between non-compatible land uses. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. Plan Implementation/Other Plans: The East Bank Plan Phase 2 (commonly known as the Howard Park Neighborhood Master Plan)dated February 24,2009 identifies the area on either side of Parry Street between the old railroad right-of-way and the Cooper Bridge ramp as a Future Development Opportunity. The vision of the plan is to support residential development on and around the former TRANSPO site. This plan has not been adopted by the Area Plan Commission or Common Council but it was approved by the neighborhood. 2. Current conditions and character: The properties along Eddy are either vacant parcels or business uses with ample parking. Along Parry and Frances Streets are single family homes, with the exception of the Robert Henry Corporation, a special exception. More to the west of Frances Street,the former TRANSPO site has been demolished for future residential development per the Howard Park Neighborhood Plan. 3. Most desirable use: The most desirable use is a use compatible with the Howard Park Neighborhood Plan. Eugene Phillips #2632-12 Page 2 of 3 4. Conservation of property values: A commercial use, especially one that would need multiple variances, in the middle of a residential block would have an adverse effect on the residential property values. 5. Responsible development and growth: Responsible development and growth of Parry street is highly dependent on the success of the Howard Park Neighborhood Plan, which labels Parry Street as an area of"Future Development Opportunity". The Plan made no particular land use commitment for Parry Street, with the exception of proposed street using the existing alley alignment adjacent to the site. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. Analysis: Parry Street is an area that has several development options,depending on the ultimate use of the land to the east along Eddy Street, and to the west along Frances Street. Future redevelopment efforts by the City in this area may require land purchases,potentially making the purchase of this site more expensive with the increase in improvement and land values that a business would generate. In addition, the number of variances from required development standards makes the site too small for the intended use. A commercial use that does not have direct access to a major street should be discouraged. Eugene Phillips #2632-12 Page 3 of 3 3�ln ., n onl boocAd 'L of f � I t t -- � -C^_ rte . 3 MAY O 4 2012 AREA PLAN COMMISSION :RE CE1VED :oit P .ww�s�on d78r �s�r? x�e��fn� a " � ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT In 2001 Lot 14 was located in a Business District. It was then zoned Commercial. The lot still lays in a Business District that was changed to Residential in 2002. There are Office Buildings on all sides of Lot 14 2nd Add. There is a lawn yard cutting garage across the street. The back of it lies against the Rug Company Building. There is an empty dance Studio in front of the Lot that I want to zone commercial. There is a service Station next to the Dance Studio with an empty electrical building beside the Service Garage. Our community has been around business all our lives. We were told the City was going to buy the house in our community for a development. Now the Lot has an old one staff garage on it that looks too small for the lot. I would like to rezone it commercial, build a beautiful two stall garage on Lot 14, 2nd addition. The garage would fill in the space the one stall garage does not fill in. My son can use the garage to start up a business when he graduates for Ivy Tech State College. If it doesn't work out for him and he decides to expand his business into a large garage on a larger business district, I will use the garage to make L shaped aquariums to sell on the internet. The garage will take the place of the old garage and help improve the neighborhood that I live in and help make a better looking community. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 14 Parry's 2nd Addition be and the same is hereby established as CB Community Business District. SECTION If. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. ci i a Ewl: U 1� 02 W nn r9� j� o� y ��oj: JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W JEFFERSON BLVD. ROOM 1 140 COUNTY-CI'T'Y BLDG, SOUTH BEND,INDIANA 46601 (574)235-9571 April 18,2012 The Honorable Council of the City of South Bend L 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Douglas Road Land Partners South, LP to zone from R Single Family District(County)to CB Community Business District(City), property located at 17210 Doug]as Road,City of South Bend-APC# 2626-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Douglas Road Land Partners South, LP was legally advertised on Thursday, April 5, 2012 and that the Area Plan Commission at its public hearing on Tuesday, April 17, 2012 took the following action: Upon a motion by Karl King, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Douglas Road Land Partners South, LP to zone from R Single Family District(County)to CB Community Business District(City), property located at 172I0 Douglas Road, City of South Bend is sent to the Common Council with a favorable recommendation. This site is an appropriate expansion of the commercial activity along Douglas Road, and will provide appropriate buffering to the remaining residential homes, The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely`, j Y� hn W. Byorni JWB:jsc Attachment CC: Douglas Road Land Partners South, LP Abonmarche Consultants, Inc. SERVING:ST,JOSEPH COUNTYY,SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND www,stiosephcountyindiana.com/Areaplan Staff Report APC# 2626-12 Owner: Douglas Road Land Partners South, LP Location: 17210 Douglas Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone .change from R Single Family ;District (County) to CB Community Business District(City)to allow uses allowed in CB Community Business District. Land Uses and Zoning: On site: The site is vacant. North: To the north is Memorial Home Care zoned:CB Community Business District (South Bend). East: To the east is a vacant outlot, part of the Brown Mackie College campus and a dentist office zoned CB Community Business,District(South Bend). . South: To the south is a retention area for Brown Mackie College:zoned CB Community Business District(South Bend). West: To the west are single family homes,zoned R Single Family;District(County). District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The total area is 0.75 acres. There is a 3,830 square foot building proposed, covering 12%of the site. The proposed 33 parking spaces, along with drives cover 44% of the site. The remaining 44% is open spaces. Access will be through the Brown Mackie site via an ingress/egress easement provided on the Douglas Road Partners Minor Subdivision. Zoning and land use history&trends: The Brown Mackie site to the east was annexed in 2001 and most recently rezoned in 2008. A subsequent subdivision in 2009 created two outlots along Douglas Road. Other recent activity in the area include Memorial Home Care, to the north, annexed in 2002 and rezoned in 2002 and 2005 and Horizon Bank,at the corner of Douglas and State Road 23,rezoned in 2009. Traffic and transportation considerations: Douglas Road is a four lane road with dedicated left turn lanes at the signaled intersections with State Road 23 and the entrance to Brown Mackie/Memorial Home Care. Utilities: The site will be serviced by municipal sewer and water. Additional information: (Agency comments) The City's Annexation Planner notes the annexation is 75.8% contiguous to the existing city limits, and City services, including water and sewer, can be made available. Therefore the project meets the requirements for annexation. Commitments: No commitments are proposed. Douglas Road Land Partners South, LP #2626-12 Page 1 of 2 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: C&Plan South Be d Com fehensive Plan overtber 2006 Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective ED-2:,Retain existing businesses and recruit new ones to the city. The rezoning is consistent with these policies. Land Use Plan: The Future Land Use Map identifies the area around the intersection of Douglas Road and State Road 23 as a Regional Commercial Node. The rezoning is consistent with the Future Land Use Map. Plan Implea eutation/other Plans: There are no`other plans in effect for this area 2. Current condition!and character: This surrounding area is a mixture of residential and commercial uses, in the City of South Bend, City of Mishawaka,and unincorporated St.Joseph County. 3. Most destrable.use: The most desirable use for this site would be commercial or office uses similar to the existing surrounding businesses. 4. Conservation-of property values: Since the site is properly buffered, the residential property values to the west should not be affected, 5. Responsible development and growth: It is responsible development and growth to allow the compatible expansion of an existing commercial area. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This site is an appropriate expansion of the commercial activity along Douglas Road, and will provide appropriate buffering to the remaining residential homes. r Douglas Road Land Partners South, LP /#2626-12 Page 2 of 2 C f ., B :r. b\P Y P pp fr ip F a x. p +Y' R 1 Elkins •re OB 9 R DB rR SFII R Rezoning from: "W" SINGLE FAMILY DISTRICT (COUNTY) to "CE" COMMUNITY BUSINESS DISTRICT (CITY OF SOUTH SEND) Zoning Classification COUNTY W SINGLE FAMILY DISTRICT N COUNTY"OB'I OFFICUBUFFER DISTRICT I COUNTY"B" BUSINESS DISTRICT ':- E COUNTY"C' COMMERICAL DISTRICT S S SOUTH BEND"SFV SINGLE FAMILY AND TWO FAMILY DISTRICT 1 inch _, 200 feet SOUTH BENZ]"LB"LOCAL BUSINESS DISTRICT L SOUTH SEND"CB" COMMUNITY BUSINESS DISTRICT 2626-1 AN ORDINANCE 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 Douglas Road Land Partners South, LP 17210 Douglas Road South Bend, IN 46635 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and for the zoning of±0.8 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8).of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 89 016'18" EAST ALONG THE NORTH LINE OF SAID SECTION 32, 140.70 FEET; THENCE SOUTH 00°12'28" WEST, 45.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89016'18" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 32, 185.55 FEET TO A POINT ON THE WEST LINE OF DOUGLAS ROAD PARTNERS MINOR, RECORDED IN INSTRUMENT NUMBER 0917426 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00°29'43" EAST ALONG SAID WEST LINE OF SAID MINOR, 175.00 FEET; THENCE SOUTH 89°16'18" WEST ALONG THE NORTHERLY LINE OF LOT 3 IN SAID MINOR, 187.70 FEET TO THE EAST LINE OF A PARCEL OF LAND RECORDED IN DEED RECORD 784, PAGE 80 IN SAID RECORDERS OFFICE; THENCE NORTH 00 012'28" EAST ALONG SAID EAST LINE, 175.02 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.75 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHT-OF-WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION-111. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the some herby is amended in order that the zoning classification of the following described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as Community Business District; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. MEMBER OF THE COMMON COUNCIL Attest: City Cleric Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock__' M. City Clerk Approved and signed by me on the day of , 20 , at o'clock .m. Mayor, City of South Bead, In cja0.Q_,.,_� ._� I Z Red In CNPrk's fflf% � Lt REAM fG 3_tL, P€ SLiC F!:TARING 71 -3rd READING t . V Z NOT APPROVED 3 , REFERRED PASSED PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, matte application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I am (We are) the owner(s) (hereinafter"petitioner"or"petitioners") of a parcel of land more particularly described in Exhibit"A". 2) Petitioners) desires that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by one-hundred percent (100%) of the owners of the land in the territory sought to be annexed. 4) The property sought to be annexed and rezoned is located at: 17210 Douglas Road South Bend IN 46635 5) . The Property Tax Key Number: 002-2023-054801 6) The name and address of the property owner(s) of the petition site is/are: Douglas...Road Land Partners South, LP 7) The name and address of the contingent purchaser(s), if applicable: Not Amplicable 8) The parcel is ±0.8 acres in size and currently has the following use(s) on it: Vacant Land 9) The number of people currently residing on the property; None 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: "R" Single-Family Residential District To City of South Bend zoning classification: "CB" Community Business District for the following use(s): Uses all owed in "CB" Community_Business District 11) The anticipated "build-out"year for the project: 2012 12) The proposed number of lots: Not Agplicable 13) The proposed miles of new roadways: None 14) The following information has been submitted with the Petition: 1. A legal description of the property; titled as Exhibit A; 2. A list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. Seventeen (17) site plans; 4. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. 15) The signature(s) of all property owner(s), or Attorney for all property owners(s) Printed: Janoes W. Laskowski Secr a D u las Road Land Hers South, L.P. Signed: Addr 227 South Main Street Suite 300 South Bend IN 46601 Phone Number. (574) 234_2073 16) Name, Address, and Phone Number of Contact Person/Preparer (please print): Bradley E. Mosness, PE Paul A. Phair, VP Development of Abonmarche Consultants, Inc. Holladay Properties 750 Lincoln Way East 227 South Main Street,Suite 300 South Bend, IN 46601 South Bend, IN 46601 (574) 232-8700 (574) 217-4498 Filed In i RESOLUTION NO. RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 319 NILES AVENUE, SOUTH BEND, INDIANA, IS NECESSARY FOR USE AS GENERAL OFFICE SPACE WHEREAS, the Board of Public Works of the City of South Bend, Indiana, received a petition on May 14, 2012 signed by fifty taxpayers of the City of South Bend, requesting that the Board lease the office space at 319 Niles Avenue, South Bend,Indiana,by entering into a lease with 319 Niles,LLC for a term of five(5)years with an option to renew for one additional five year term with a monthly rental of Three Thousand Five Hundred Fifty-Five Dollars($3,555.00) for the initial five year term; and WHEREAS, on May 14, 2012, the Board of Public Works received a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signers of the Petition are taxpayers of property within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36-1-10-7(2)requires;before the Board of Public Works as "leasing agent" enters into a lease agreement, that the Common Council, as "fiscal body," determine after investigation that the premises are needed, and that the lease amount is reasonable; and WHEREAS, the Board of Public Works has conducted the public hearing required by I.C. 36-1-10-13. BE IT THEREFORE RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS; 1. The Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. The Common Council wishes to provide office space in the proposed location in order to offer the services of the South Bend Human rights Commission to the residents of the City. 3. The office proposed to be leased at 319 Niles Avenue, South Bend,Indiana,contains approximately 2,975 square feet of space on the first floor, which is sufficient to accommodate the activities for which the space is intended. 4. On May 14, 2012, a Petition signed by fifty taxpayers of the City of South Bend, Indiana,was filed with the Board of Public Works of the City of'South Bend,Indiana,requesting that the Board lease the property at 319 Niles Avenue, South Bend,Indiana, by entering into a lease with 319 Niles,LLC for a term of five(5)years with an option to renew for one additional five year term with a monthly rental of Three Thousand Five Hundred Fifty-Five Dollars($3,555.00)for the initial five year term. 5 On May 14, 2012, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and signers of the Petition are taxpayers of property within the corporate limits of the City of South Bend. 6. A proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein,the original of which is located for public inspection at the Office of the Clerk of the Board of Public Works, 13"' Floor, County-City Building, South Bend, Indiana, and after public hearing held May 29, 2012 at 9:30 a.m., the Board of Public Works approved Resolution No. 27-2012, a copy of which is also attached hereto and incorporated herein. 7. Having considered the presentation and hearing on this Resolution, the Common Council of the City of South Bend hereby finds, pursuant to T.C. 36-1-10-7(2), that the lease of property at 319 Niles Avenue as office space is needed, as petitioned by the fifty taxpayers of the City of South Bend, whose signatures were certified by the St. Joseph County Auditor, 8. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, South Bend Commonkouncil sn 4 ¢>3 b✓a? ' seSi�7'4� 'rye v and Council ss'Uon on lase issue, t..f } M AY 2 3 Z 12 NOT APROVE&I 1400 Coumfy CrzT BujmiNG w \ ��i PHONE 5741235-9241 227 W JFFFFASON BOULEVARD W� AVE/ FAX 5741235-7670 SouTH BFND,INDIANA 46602-1830 ,e ■ � r 1865 CITY OF So=BEND PFTE BuTTIGIEG, MAYOR DEPARTMENT OF MAW Al kD Ate M. DERosE C -Y ATTORNEY,AD INTERIM May 22, 2012 Mr. Derek Dieter President, South Bend Common Council 4"' Floor, County-City Building South Bend, IN 46601 Re: Resolution to Lease Office Space for the South Bend Human Rights Commission Dear President Dieter: Attached for filing with the Common Council for final action at the .Tune 11, 2012 meeting is a Resolution to lease office space for the benefit of the South Bend Human Rights Commission, For over a year, the space now occupied by the South Bend Human Rights Commission at 301 S. St. Louis Boulevard has generated concerns about maintenance, obsolescence, and client accessibility. The City Engineering Department has inspected the property and concluded that the level of repair needed to correct problems exceeds the benefit in retaining this building for the South Bend Human Rights Commission's active use. fortunately, the City has identified first floor office space at 319 Niles Avenue which ideally meets all the South Bend Human Rights Commission's needs, including a good size, well appointed conference room. With education and outreach being an integral part of the I-luman Rights Commission's activity, this is very positive. The lease is for a five (5) year term with another five (5) year renewal and rent of$3,555.00 per month. Human Rights Commission Director Lonnie Douglas and his entire staff are grateful for this opportunity and look forward to a move to 319 Niles Avenue. Because Mr. Douglas cannot be present at the June 1 I Council meeting due to his required attendance at a national equal employment event, 1 will provide information from the Commission, and Controller Mark Neal will also present this Resolution to the Council at its Committee and regular meeting. Thank you for our consideration. Fffed := in `°,::., Sincerely, [f Aladean M. DeRose City Attorney, A.1. CI-tML A. GRF.ENE ANN-CAROL.NAS14 ANDREA L. BEAcuKOFsKY UwRENcE j.METErvF.R JEFFREY L.SANFORD RESOLUTION Bill No. 12-S A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, REQUESTING THAT WESTERN AVENUE BE DESIGNATED AS A TOP PRIORITY FOR REVITALIZATION AND THAT A NEW ACTION PLAN BE DEVELOPED in June of 1999, the "Western Avenue Commercial Corridor Revitalization Action Plan" was unveiled which set forth the following goals: ® "To establish Western Avenue as an attractive commercial corridor that satisfies the convenience and services needs of nearby residents and commuters"; and "To satisfy the stated national goal of `smart growth' by providing redevelopment sites that avoid the detrimental affects of sprawl"[Action Plan, p. 2]; 6*" the success of the Western Avenue Commercial Corridor Revitalization Action Plan" was to be based on the "ease of implementation" which addressed; "a base of facts & valid assumptions; participation from all constituencies; measureable, achievable goals; feasible, specific, and complete Action Steps; and provision for regular review and adjustment of the Action Plan"; and 6/l7" the 50-page Western Avenue Commercial Corridor Revitalization Action Plan" is accessible from the City's Community Development website and appears not to have been updated recently, with the last date addressed in the Action Plan being 2002; and 4 Western Avenue is listed as a boundary on at least three (3) neighborhood organizations, namely the West Side Neighborhood Organization, the LaSalle Park Neighborhood Association, the West Side Neighborhood Organization, which are all listed on the "City of South Bend Directory of Neighborhood Based Organizations, Historic Districts and Commercial Corridor Groups" which are in addition to many business organizations in that area. ,Xk&f" � . Section I. The Common Council of the City of South Bend, Indiana, believes that despite the efforts made under the 1999 Western Avenue Commercial Corridor Revitalization Action Plan, that the City of South Bend needs to re-dedicate its efforts to improving this vital and high-traveled western entrance to Downtown South Bend, Indiana. Resolution on Designating Western Avenue as a Priority for Revitalization Page 2 Section II. The Common Council further believes that there are far too many blighted areas along Western Avenue and the properties contingent thereto which provide a negative impact not only the residents and businesses along this main thoroughfare, but also to the visitors to our city. Section III. The Common Council believes that improving Western Avenue and its contingent properties with sustainable growth opportunities should be a top priority moving forward. The Council believes that dialogue with the South Bend Redevelopment Commission, the staff of the Community& Economic Development Department, the Common Council, residents, and all concerned neighborhood groups and business groups along Western Avenue would provide opportunities for the development of goals, objectives, and realistic time tables, as well as the identification of potential funding sources which would enable public-private partnerships for the revitalization of this busy commercial corridor. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Henry Davis, Jr., 2'd District Council Member Oliver Davis, 6` District Council Member '00a Pete Buttigieg, Mayor South Bend, Indiana John Voorde, City Clerk Filed in 9, wNTH) 6L�� NOT APPROVE4 ADO l.ri G iy��- .�C ci 'I Al m.N D, � 'Y -% City ® out erg ��`��lLACEG�� ,e , Common Council R ■ x855 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter vs. http://wwsouthbendin.gov President Oliver J. Davis June 5, 2012 Vice-President The South Bend Common Council Karen White 4th Floor County-City Building Chairperson, Committee of the Whale South Bend Indiana 46601 Tim Scott Dear Council Members: First District We are introducing the attached resolution for your review, support and enthusiastic Second District t Henry Davis, Jr. adoption. As you are well aware, Western Avenue is one of the busiest corridors into South Bend. This Resolution would designate Western Avenue as a top priority for the Valerie Schey development of creative and sustainable revitalization. It is similar to the Lincoln Way Third District West Resolution, which the Council unanimously adopted at our last Council meeting. Fred Ferlic In light of the new Community and Economic Development Director, Scott Ford, now Fourth District coming on board to serve the citizens of South Bend, we have an opportunity to begin new dialogues and create new partnerships, and revitalize existing ones. So that you David Varner have a chance to review efforts attempted by the City, we have fled one (1) copy of the Fifth District 50-page Western Avenue Commercial Corridor Revitalization Action Plan, dated June Oliver J. Davis 1999 and the 4-page City of South Bend Directory of Neighborhood Based Organizations, Historic Districts and Commercial Corridor Groups, with the Off of Sixth District the City Clerk. These documents are also available on-line. Derek D. Dieter At Large We believe that the adoption of this Resolution would help jump-start needed discussions, so that positive growth initiatives can be identified and pursued along Gavin Ferlic Western Avenue. We seek your support and look forward to discussing this in greater At Large detail with you and the City Administration at the Community & Economic Karen L. White Development Committee meeting on June 11, 2012. Thank you. At Large Sincerely, Henry D r., 2" ct Council Member a s, 6 o ci ember Attachment Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9,ADMINISTRATION,SECTION 21-09.05 DEVELOPMENT REVIEW PROCEDURES IN ORDER TO ADD NEW SECTION(h)COMBINED PUBLIC HEARING PROCEDURE. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana,adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. One of the sections of the zoning ordinance established development review procedures for rezonings, variances and special exceptions. Recent changes to State Statutes allow the Area Plan Commission to establish procedures for a combined hearing for rezoning, variances,a special exception, and a subdivision plat before the Area Plan Commission. Establishing this procedure could result in making the City more attractive to economic development because variances and subdivisions could be approved and recommendations on rezonings and special exceptions could all be made at one meeting rather than three meetings as is presently required. It is the purpose and intent of this Ordinance to establish a combined public hearing procedure. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21,Zoning, of the South Bend Municipal Code,Article 9, Section 21-09.05, Development Review Procedure, is hereby amended by adding the following sub-section: (h) Combined Public Hearing Procedure. (1) The Area Plan Commission may designate a hearing examiner or committee of the commission to conduct a combined hearing relative to developments that require more than one hearing under this Article. (2) The decision to use this procedure shall be made by the applicant. (3) In conducting a combined hearing,the hearing examiner or committee of the Commission may exercise the following: (A) the powers of the Area Plan Commission in making recommendations to the Common Council on rezoning petitions and text amendments under the I.C. 36-7- 4-600 series. (B) the powers of the Plat Committee in approving or denying subdivision plats under the I.C. 36-7-4-700 series. (C) the powers of the Board of Zoning Appeals to grant variances and make recommendations on special exceptions under the I.C. 36-7-4-900 series. E:IORDTNANCES1ZoninglSouth BendlDrafted AmendmentslAMD COMBINED PUBLIC HEARING PROCEDURE-doe (D) the powers of the Executive Director, hearing examiner or committee of the Area Plan Commission as it concerns the approval of Development Plans under the I.C. 36-7-4-1400 series. (4) Decisions of the hearing examiner or committee of the Area flan Commission under the combined hearing procedure may be excepted to or appealed as follows: (A) decisions made in relation to the powers granted under Chapter 21-09.05(h)(3)(A) may be appealed to the Area Plan Commission not later than five days after the date the decision is made. (B) decisions made in relation to the powers granted under Chapter 21-09.05(h)(3)(B) may be appealed to the Area Plan Commission not later than five days after the date the decision is made. (C) decisions made in relation to the powers granted under Chapter 21-09.05(h)(3)(C) may be appealed to the Area Plan Commission not later than five days after the date the decision is made. (5) The Area Plan Commission shall make rules governing the hearing of cases under the combined hearing procedure.The rules may not require a petitioner or an applicant to use the combined hearing procedure. Section 111. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ck,� w' Member of the Common Counci Attest: _ xy &A Ka City Clerk counW aWw h At Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2012, at o'clock m. City Clerk Approved and signed by me on the day of ,2012,at o'clock M. Mayor of the City of Sout , Mlar ' E READING (0—� s )eLIC HEARING JUN - 5 2012 rd READR-,,G 3 OT APPROVI I} ERRED r_RTa r)=D&- era;;,ru JOHN W. BYORN1 EXECUTIVE DIRECTOR LARRY MAGLIOZZi DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (5 7 4) 235-9571 June 4, 2012 Derek Dieter, President South Bend Common Council Fourth Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Provisions of South Bend Zoning Ordinance to Allow the APC to Conduct a Combined Hearing on Rezonings, Special Use Permits, Subdivisions, and Variances. Dear Mr. Dieter: Attached is a proposed ordinance that was initiated by the Area Plan Commission, The purpose of this ordinance is to make certain amendments to that section of the Zoning Ordinance that regulates public hearings before the Plan Commission. Recent changes to State Statutes allow Plan Commissions to conduct a combined hearing, at the request of a petitioner, where a rezoning petition also involves any or all of the following: special use permit, variances and subdivisions. This process should be beneficial to both the applicants and possible remonstrators in that it will reduce the number of meetings that people have to attend and yet allow for public input. I am requesting that the attached ordinance be placed on the June 11, 2012 Council agenda for First Reading. The Area Plan Commission will hear this ordinance on June 19, 2012. If you have any questions,please feel free to contact me. Sincerely, _ Filed in l d Office 40hn W. Byorn JUN 5 2012 JOHN! V00RUE CITY CLERK,SOUTH SEND,M SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W,$T J O S E P H C O U N T Y I N DIANA-C O M/A r e a p l a n Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION STATEMENT OF PURPOSE AND INTENT Indiana Code § 4-15-10-4 sets for the whistleblower protection provisions which provide in part that a state employer cannot dismiss, withhold salary increases or employment-related benefits, transfer or reassignment if an employee reports a violation of a federal or state law. Many municipalities throughout the country have ordinances which prohibit reprisals. For example, Denver passed their ordinance in 2007; On May 21, 2012, six (6) members of the South Bend Common Council voiced concern over the apparent lack of policies, procedures and protocols with regard to telephonic equipment and technology used by the City of South Bend. The City of South Bend currently posts on its city website various forms and policies and the effective date of each. These posted policies govern five (5) specific areas, namely: operating, finance, purchasing, human resources, and information technology. The topic of "human resources" lists its status as "In Draft". In light of that status, the following ordinance is introduced to provide whistleblower protection to city employees. Section I. Chapter 2, Article 8, Section 2-125.1 of the South Bend Municipal Code is created to read in its entirety as follows: See. 2-125.1 Whistleblower Protection. (a) No city elected official, city employee or city appointee shall retaliate or threaten to retaliate against any person because the person did any of the following: (1) Brought to the attention of his or her immediate supervisor a matter which appears inconsistent with governing policies or procedures over such task or operation which have been approved by the proper city board, agency, or other entity of the city; (2) Filed a verbal or written complaint with his or her superior regarding an alleged breach of governing policy or protocols which have been approved by the appropriate agency of the city and to which such person has been advised of and if required given the appropriate training; Ordinance on Whistleblower Protection Page 2 (3) Provided verbal or written information to the person or persons charged with overseeing and enforcing the governing policy or protocols as part of the investigation of such complaint; (4) Testified at any ethics commission proceeding or similar venue established by the city (b) An elected city official, city employee or city appointee who has proper jurisdictional authority over an individual who has taken any of the actions listed in paragraph (a) of this section, may take appropriate disciplinary action, if said person did not act in good faith or knowingly or recklessly provided false information or testimony. (c) A person who is found to have violated this section shall be subject to progressive disciplinary procedures as set forth in the City of South Bend's properly enacted Personnel Polices and Procedures, or other governing documents adopted under governing law. (d) All elected city officials, city employees or city appointees shall be properly trained in any and all ethics regulations, including but not limited to the City of South Bend Ethics Code signed by the Mayor on January 1, 2012, all ordinances addressing ethics, governing standards, policies and protocols governing the tasks to which such officials, employees and appointees are charged to carry out as part of their employment with the City of South Bend. Section 11. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 111. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member Henry avis, Jr. 2"d District Council Member Council Member Karen L. White Council Member at Large Ordinance on Whistleblower Protection Page 3 Council Member Tim Scott I st District Council Member Council President Derek D. Dieter Council Member at Large �ttest: John Voorde, City Clerk resented` by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock . m, Janice Talboom, Deputy Clerk App roved-ancCs%yned` by me on the day of , 2012, at o'clock m. Pete Buttigieg Mayor of the City of South Bend, Indiana Ruled PEAYINIG J:euc I:i_I1E ING j rd READING OT M?RUYED _�.. _...... ... TERREI7 E 1 E 0.pu�x$� City of South en E Common Council x 1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://www.southbendin.gov President Oliver J. Davis Vice-President Karen L. White June 6, 2012 Chairperson, Committee Members of the Common Council of the Whole 41h Floor County-City Building Tim Scott South Bend, Indiana 46601 First District Re: Whistleblower Protection Ordinance Henry Davis, Jr. Second District Dear Council Members: Valerie Schey We are introducing the attached ordinance in the interest of giving city employees the Third District ability to report incidents of alleged inconsistencies or irregularities without retaliation. Fred Ferlic It is aimed at protecting elected officials, city employees or city appointees who, in Fourth District good faith, bring to the attention of their immediate supervisor an alleged improper activity. David Varner Fifth District We recognize that the Board of Public Safety has the legal authority over sworn members of the fire and police departments. Therefore, those sworn members would Oliver J. Davis Sixth District not be covered by this ordinance. Derek D. Dieter The "State Employee's Bill of Rights" legislation contains whistleblower protection At Large provisions which are codified at Indiana Code § 4-15-10-4, which were initially enacted in 1981. Indianapolis has regulations in this area, and several other cities such as Gavin Ferlic Denver, ,Seattle, San Diego, San Francisco —just to name a few. We have attached a At Large brief summary for your review. Karen L. White We have also attached a current listing of polices and procedures which are posted on At Large the City of South Bend's governmental website. As you can see under the heading "Human Resources"it states "In Draft". By the filing of this proposed ordinance, it provides an opportunity for discussion so that fair and reasonable regulations will be made available to our employees. We ask that this Bill be sent to the Personnel and Finance Committee for review,public hearing and a favorably advisory recommendation. Cover Letter to Whistleblower Ordinance June 6,2012 Page 2 We look forward to working with you on this important topic. Thank you. Most sin Council em vis, Jr. 2nd District Council Member Council Member Karen L. White Council Member at Large Council Member Tim Scott I st District Council Member Council President Derek D. Dieter Council Member at Large Attachments City of South Bend page 1 of 2 City Healthy Policies Human Central Directory City & Boras Resources Stores Site Search Enter Keywords ......... ........... ..... ._........ ........ Southl3endlN.gov Site Map s, Quick Links t r Frequently Visited Pages Policies & Forins : PoIicies Welcome to South Bend! Policy/Procedure Effective Date li 1 Operating 1.1 Policy_ Statement January 1, 2010 1.1.1 Po.l jc.y....Review._.,Committee January 1, 2010 Eligblights 1.2 Qp_.eratin.,cJ_f3c.,,Bw adc�eti,n.q,-„Po,i,icy January 1, 2010 0 South Bend Parks&Recreation Flex Account: Use pre-tax dollars for reimbursement.V-sew details. 2 Finance Spotlight: City Directory en ._....,.,,, y January 1 2010 Need a phone 2.1 �2.y_.....__l�fe PO�Ic .. number? Search the Employee 2.2 Expend,iture.._Approval Policy January 1, 20.10 DLlplso ry using the search box at the top 2.3 Cash_Rese.rve„Policy January 1, 2010 ....... . 2.3.1 Ca.s.h.-R.es.e.rv..,.e_.P,raced,€.re January 1, 2010 2.4 Chart of Accounts Policy January 1, 2010 2.4.1 Proi.ect-_Number,..Proced..0 re January 1, 2010 2.5 Fixed.,,Assets....Po_l,ic,y. January 1, 2010 .: ed..,.Ass.e.ts.,P.rocedure January 1, 2010 .1 Fix„ , 2.5.2 Fixed Assets Set Up Procedure In draft 2.6 Tnyen,to,ry_Policy January 1, 2010 2.6.1 I,n_ve.ntory.._P.o cedlu.re..Ce_ntral January 1, 2010 Service 2.6.2 .nventory..._P_ro.ce.d,p,re,..Pa,rics.._& January 1, 2010 Recreations ._ - .. 2.6.3 Inveritory. Procedure Water Utility January 1, 2010 2.6.4 1nyen_to(y Pro.cedu,re._Bl.a-c.,ktho.rn August 1, 2011 2.7 Trav,.el,..PoI cy. April 1, 2010 2.8 In..vestmn,ent.Policy January 1, 2010 2.9 Debt.Policy January 1, 2010 2.10 Dis..u...rsem.e.n.t....Pol cv January 1, 2010 2,10.1 Wire.Transfer__&_.Ua..n..dCheck January 1, 2010 Procedure httD://www.southbendin.izov/revize/sbintranet/r)olicies2.asr) 6/5/2012 City of South Bend Page 2 of 2 2.11 Sta-I"e-_Da't'e'd-_Ch-e'c"k-P'ol'i cy January 1, 2010 2.12 Open 2.13 AdJUSt / Correctinq...........JE Polic January 1, 2010 .. 2.14 T'a.x-.,.,R,e. ,o..o January 1, 2010 2.14.1 Tax Fil.i.�N, January 1, 2010 P-r-o.ped-g.r.e. 2.14.2 .P.a.y.r.g.�I.I.-Tax..,& IM..i..slc-...P.ay.rgll,.Fi.i.ing January 1, 2010 Procedure 3 Purchasing 3.1 P.-u..r..c.h-a-s-i.Inar.-r.Prlo-1.1i..Ic.-v. March 1, 2010 3.1.1 PMatrix u.r.rc..h.as.in.Q_PP 11.c.v Qurotatiro. nj Bid March 1, 2010 .. -.. .- - 3.2 Vendor Policy March 1, 2010 ...........1---------.. 3.3 Cellular Telephone Policy In draft 3.4 MBE/WBE Vendor Diversity In Draft Development Policy 4 Human Resources In draft 5 Information Technology 5.1 Computer Hardware Policy May 1, 2010 5.2 S-o-ft wa-re...P.q.1-icy May 1, 2010 5.3 IT_„P_u,rch.asinci Policy May 1, 2010 Policy 5.4 Use of e-mail Policy May 1, 2010 5.5 U se-of.-Inte...r.net,P0.1-i-g-V May 1, 2010 5.6 Remote. Access Policy May 1, 2010 5.7 W-^il.r..e.l...e..ss-,.Use-.,P,o..I.,.ic.Y May 1, 2011 Forms Policies 1.1-r-........... Home I City Directory I Healthy City I Policies & Forms I Human Resources Central Stores I SouthBendIN.gov I Site Map I Login C�) 2007 City of South Bend, Indiana, USA External Sites P01Y.a..gy PO.J..j,cv Terms,of use ........... httt)://www.southbendin.Lyov/revize/sbintranet/t)olicies2.asn 6/5/2017 Whistleblower Pro-gram Freauently Asked Questions Why did the City and County of San Francisco establish the Whistleblower Program? The Whistleblower Program was created on behalf of San Francisco citizens and government employees to help make City government more accountable through the prevention and investigation of suspected waste, fraud, and abuse. What is the impact of the Whistleblower Program on City government? When fraud is allowed to continue, it jeopardizes the level of service local government can provide its residents. • Someone's Watching:The Whistleblower Program has a deterrent effect, for both internal and external sources of fraud, waste, and abuse. • Someone Cares:A public message of'zero tolerance'for fraud, waste, and abuse is sent to citizens and City employees by allocating resources to the Whistleblower Program. • Beneficial Contacts: Interaction with the District Attorney's Office, City Attorney's Office, Police Department, and state and federal data sources help forge alliances beneficial to the pursuit of reducing fraud, waste, and abuse from government. What can I report to the Whistleblower Program? Any kind of fraud or misconduct can be reported, with certain exceptions, which are noted below. You may report any City and County of San Francisco manager, employee, contractor, or vendor who may be committing fraud, or any practice or act you observe that results in the waste or abuse of City and County resources. Some misconduct complaints if reported to the Whistleblower Program, including criminal acts, recipient welfare fraud, claims for child support, or allegations of child abuse are referred by the Whistleblower Program to other agencies for investigation. What information should a complaint include? When reporting suspected fraud, please provide as much information and detail as possible, including who, what, when, where, why, and how. A complainant should provide complete and specific information regarding the allegation, including the person involved, the time and date(s)of occurrence, and a detailed description of the violation to the investigators. Complaints with limited details cannot always be investigated. When should I submit a complaint? A complaint should be submitted immediately after you believe a reportable offense has occurred. How can I submit a complaint? Complaints can be submitted through one of the following ways: • Phone: 3-1-1 or 415-701-2311, TTY: 415-701-2323 (3-1-1 will also take non-whistleblower complaints and answer questions regarding other City services and issues) • Online: www.sfgov.orglwhistleblower • E-mail: Whistleblower @sfgov.org • Mail: Whistleblower Program, Rm.316, 1 Dr. Carlton B. Goodlett PI, San Francisco, CA 94102 6 What happens when I submit a complaint? Each submitted whistleblower complaint is assigned a unique tracking number. An initial assessment is done to determine whether the case has merit and how it should be handled. Complaints are referred to appropriate parties for follow-up action. Submission of a complaint to the Whistleblower Program only ensures that the complaint will be reviewed for possible investigation. May I remain anonymous when filing a complaint? Yes, you may remain anonymous. Will anyone, including the suspect(s) find out that I reported the fraud? If you request your identity remain confidential, the Whistleblower Program will not identify you to anyone. However, if the investigation results in criminal prosecution, it is possible our records may be subpoenaed by the court. How does the Whistleblower Program protect my confidentiality? City and County of San Francisco Charter, Section F1.107(c) requires the Board of Supervisors to enact and maintain an ordinance protecting the confidentiality of whistleblowers and protecting City officers and employees from retaliation for filing a complaint with, or providing information to the Controller's Office, Ethics Commission, District Attorney's Office, City Attorney's Office, or a City department or commission about improper governmental activity. The City Attorney's Office has advised that the Controller's Office has a duty to maintain the confidentiality of the identity of whistleblowers even in the absence of such an ordinance. If I give my telephone number or email address,will an investigator contact me? Possibly. If you provide contact information, an investigator may call you if they need additional information regarding your allegation. Can I check on the status of the investigation? Yes, you may check the status of your case by going to the Whistleblower Program website and selecting "Check Status of Complaint."You will then need to enter your assigned tracking number.You may check to see if a case is open or closed. However, no specific details of any ongoing investigation will be provided. In addition, you cannot receive a copy of the investigative report—this information is considered confidential. How long does it take for a case to be investigated? Investigations vary from a couple of weeks to several months depending on the complexity of the case. What will happen to the person I am reporting? If an allegation is confirmed, the suspect(s)could be disciplined. Disciplinary action is determined by the department for which the suspect works and is confidential. Discipline can include dismissal,suspension, reprimand, etc. However, if the suspect(s)is criminally prosecuted, the case becomes a public record. 7 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. DE NVE R` THE MILE HIGH CITY NOTICE OF WHISTLEBLOWER PRO ®� City and County of Denver employees are encouraged to report acts of official : misconduct to appropriate reporting authorities.Effective August 17,2007,Denver adopted a"Whistleblower Protection"ordinance prohibiting certain forms of retaliation against employees who report official misconduct in compliance with the ordinance. (for the entire text of the ordinance,see:Chapter 2,Article V11,Denver Revised Municipal Code.) . . What kind of reporting is rotected? . • . . . . . . . . . . . . . . The ordinance encourages and protects good-faith reporting of official misconduct by City employees.The ordinance does not protect reports and disclosures that are made anonymously,are made in violation of any law,or are made without regard to the truthfulness of the reported information,In order to come within the protection of the ordinance,an employee must make a good-faith attempt to report the information to an appropriate reporting authority. The ordinance defines"official misconduct"to include the violation of any law,rule or regulation;the misuse or mismanagement ofcityassets;or an abuse of official authority. The ordinance defines'appropriate reporting authorities"to include elected officials,law enforcement agencies,the Denver Board of Ethics,or the appointing authority for the officer or employee who is being accused of the official misconduct. . . . . . . . . . , . . . . What kind of retaliation is prohibited? . . . . . . . . . . . . . . . The ordinance prohibits supervisors and appointing authorities from taking any adverse employment action against an employee in retaliation for the employee reporting official misconduct.The ordinance defines • "adverse employment action"to include actual or threatened disciplinary actions,adverse performance evaluations,or denial of compensation or benefits. . . . . . . . . . . . . .. Flow may employees use this law to protect against retaliation for whistleblowing? The ordinance establishes procedures for overruling adverse employment actions taken against City employees in violation of the ordinance.Generally complaints under the ordinance must be brought within thirty(30)days of the alleged retaliation.The ordinance provides the following remedies for employees who believethey have suffered retaliation for engaging in protected whistle blowing: ® Career Service employees may use the ordinance as a basis fora complaint directly to the Career Service Hearings Office.A Career Service employee may also use the ordinance as a defense when contesting a • disciplinary action in accordance with the Career Service rules. • Classified service employees(uniformed police and fire)may use the ordinance as a basis for a complaint directly to the employee's appointing authority.A classified service employee may also use the ordinance as a defense when contesting a disciplinary action in accordance with Civil Service Commission rules. • Other City and County of Denver employees may use the ordinance as a basis for a complaint to their appointing authorities,or a defense against any disciplinary action taken against them by their appointing authorities. This notice provides only a summary of the contents of the City and County of Denver Whistleblower Protection Ordinance.For further information and details,employees are encouraged to review the ordinance in its entirety. Rev.071008 .�,. Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS STATEMENT OF PURPOSE AND INTENT On July 1, 2012, Indiana's new state law takes affect which prohibits smoking in most public places and places of employment. These regulations exempt private clubs, retail tobacco shops, bars and casinos; but permits cities, towns and counties to pass ordinances which may be more restrictive than the new state law. On September 12, 2006, St. Joseph County Council passed Ordinance No. 92-06 which updated prior ordinances addressing smoking regulations. This ordinance prohibits smoking in all public places in St. Joseph County, unless specifically exempted. The St. Joseph County Health Department is charged with enforcement. Fines which are collected are deposited into a non-reverting fund in the budget of the St. Joseph County Health Department dedicated to enforcement and educational programs about the purposes and requirements of these regulations. This ordinance would require any entity exempted by the new Indiana state law to properly post by the entrance to such facility whether they permit or prohibit smoking. In this way, notice is given to the public prior to entering and each person has the opportunity to decide whether to enter or not. This ordinance is believed to be in the best interest of South Bend. Section I. Chapter 14, Article 10 of the South Bend Municipal Code is created to read in its entirety as follows: Article 10. Smoking Regulations. See. 14-60 Definitions. All definitions set forth in Indiana Code § 7.1-5-12 related to "Prohibition on Smoking" shall govern. Sec. 14-61 Signage Required. (a) All locations which are exempted from. the State of Indiana's "Prohibition on Smoking" which are located in the City of South Bend shall be required to post at all public entrances to such locations a sign which reads "WARNING: Smoking is Permitted in this Establishment"printed in blue and contain the Indiana Alcohol & Tobacco Commission no smoking logo symbol printed in red on a white background with such signs printed on a minimum size of S" x 10". Smoking Regulation Ordinance Page 2 (b) All public locations and places of employment which prohibit smoking must post signs given notice of such prohibition which are compliant with the governing Indiana state law. See. 14-62 Penalties. (a) Anyone violating any of the provisions of this Article shall be subject to the following penalties: (1) Citations: For the first violation in a calendar year, a citation shall be issued imposing a fine of two hundred fifty dollars ($250.00). For all subsequent violations, a citation shall be issued imposing a fine of five hundred dollars ($500.00). (2) Civil Action: In addition to the issuance of citation(s), the City Attorney's Office is authorized to bring civil action against any alleged violator of this Article for all unpaid fines, and any and all expenses incurred by the City to enforce the provisions of this Article to seek compliance from the alleged violator. (b) Each violation of this Article shall constitute a separate offense. Section 11. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 111. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member David NVner 5th District Council Mem cr p,ttest: John Voorde, City Clerk Smoking Regulation Ordinance Page 3 69 0 resentedr by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock m. Janice Talboom, Deputy Clerk A�p,roved-a,nd-sijjied- by me on the day of 2012, at o'clock Pete Buttigieg Mayor of the City of South Bend, Indiana f-------- Filed in C READINIG "U-,!LiC HEARING rd REAMNG ;-,;OT APPROYE0 CITY RE FE R R E D PASSED City of South Bend Common Council x � 1865 441 County-City Building .227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter ltttp://www southbendimgov President Oliver J. Davis June 6, 2012 Vice-President Karen L. White The South Bend Common Council Chairperson, Committee 4"'Floor County-City Building of the Whole South. Bend, Indiana 46601 Tim Scott Re: Proposed Smoking Regulations First District Henry Davis, Jr. Dear Council Members: Second District Indiana's new state law on smoking takes effect on July 1, 2012. I have Valerie Scbey attached a 2-page summary in a Q & A format which is posted on the State of Third District Indiana's Alcohol and Tobacco Commission website, which provides a good summary of these new provisions. Fred Ferlic Fourth District The attached ordinance would require signage to be posted at the entrance of all David Varner facilities open to the public. In this way, any person has notice, before entering,Fifth District whether smoking is permitted or whether it is prohibited. Oliver J. Davis By Passing this ordinance, it would give greater opportunity to collaborate with Sixth District the County Health Department, and also see how the new state law is working. Derek D. Dieter We all have concerns about protecting individuals from secondhand smoke. At Large With these additional notice provisions, persons have the right to select the Gavin Ferlic venues they wish to patronize. At Large 1 believe that the Council should have options and alternatives, and the Karen L. White attachment presents one for your consideration.. Thank you. At Large sincerely, Dr. David Varner 5`h District Council Member Attachment 302 W.Washington Street STATE OF INDIANA IGCS,Room E-114 Indianapolis,Indiana 46204 ALCOHOL AND TOBACCO COMMISSION Corporal Travis Thickstun ? Public Information Officer www.in.gov/ate INDIANA'S NEW SMOKING LAW FREQUENTLY ASKED QUESTIONS—GENERAL INFORMATION I. When does Indiana's new statewide smoking ban go into effect? The new law goes into effect July 1, 2012. 2. Where can I find a copy of House Enrolled Act No. 1149? You can access it at:htt ://www.in. ov/le islative/bills/2012/HE/l4Fl 149.1,htm1. 3. Where is smoking prohibited? Smoking is prohibited in most public places and places of employment. Smoking is also prohibited in state-owned vehicles and school buses under certain circumstances. 4. Where is smoking permitted? Smoking is permitted in the following establishments: a horse-racing facility, a riverboat, a facility with a gambling game license, a satellite-gaming facility, cigar bars, hookah bars,certain fraternal clubs, a retail-tobacco store, a bar or tavern meeting certain requirements, a cigar-manufacturing facility, a cigar-specialty store, a business in a private residence, provided that each establishment meets the requirements ofl.C. 7.1-5-12. 5. How far must someone be from the entrance of a public place or place of employment in order to smoke? Smoking is prohibited within eight feet of a public entrance to a public place and place of employment. b. Who enforces the law? The Alcohol &Tobacco Commission is the primary enforcement agency.Additionally,the Indiana State Department of Health, a local health department, a health and hospital corporation(Marion County),the Division of Eire and Building Safety, and any law enforcement officer may enforce the law. 7. Where may I file a complaint for a violation of the smoking ban? The complaint form is found at: http://www.in. og v/atc/2640.htm. Only complaints concerning the state smoking law will be investigated. For a violation of a local city,town,or county smoking ordinance,please contact the appropriate city,town, or county government agency directly. We cannot enforce local ordinances. S. Is smoking prohibited in vehicles? Smoking is only prohibited in state-government vehicles owned,leased and operated for governmental functions. Smoking is permitted in private vehicles. Approved;May 31,2012 Edition 6 FAQ PAGE 2 OF 2 9. Where should signage be located? Signs are required to be posted at all public entrances of enclosed public places and places of employment. Signs must read "State Law Prohibits Smoking Within 8 Feet of this Entrance" or other similar language. Signs are available online at www.in.gov/atc. 10. Where can I get information on quitting tobacco use? You can get more information from:http://www.in.gov/quitline/. 11. How does the state law affect local ordinances on smoking? The new state statute does not supersede a Iocal county, city,or town ordinance previously adopted, if that local ordinance is more restrictive than state law.Additionally,the new state statute does not prohibit a local county, city, or town from adopting an ordinance more restrictive than state law. 12. May a business exempt from the state smoking law choose to prohibit smoking? Yes.A business owner or manager may voluntarily choose to prohibit smoking, even if the type of business is one of the exemptions to the state's smoking law.For example, a tavern owner may chose to prohibit smoking. 13. The smoking-ban law requires businesses that are exempt from the ban to provide the Alcohol & Tobacco Commission with a statement verifying their exemption. How do we file this statement with the ATC? Fraternal clubs and other organizations that meet all of the requirements for an exemption from the state smoking ban may file the Exemption Form found on the ATC's website, www.in.gov/ate. The form will be available before July 1, 2012, when the law takes effect. 14. Does the new smoking law include chewing tobacco and snuff? No. Approved:May 31,2012 Edition 6 ■ N a N O I U 0 U U O F O U "d G Hy 3 a Y �3 U O H ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 801 HILL STREET AND 505 KALORAMA, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The Northeast Neighborhood Redevelopment organization (NNRO) is redeveloping the Hill Street Neighborhood. The two lots we wish to rezone are currently vacant and are unique in that they are zoned multi-family in an area otherwise zoned exclusively single-family. It is our intent to rezone said lots to single-family us (SF2) so single family homes can be built on them. This rezoning will allow us to proceed with our redevelopment plan in general and in a manner that preserves the character of the neighborhood. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 801 Hill: Lot 6 Ex 45' W End & N Y Vac Kalorama St. S. &Adj. Cedar heights Add Sec 1-37-2E 505 Kalorama: 45' W End Lot 6 & N V Vac Kalorama St. S &Adj Cedar heights Add Sec 1-372E be and the same is hereby established as SF2 Single-Family District. SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Co nncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 at o'clock M. City Clerk Approved and signed by me on the day of 2 at o'clock M. Mayor, City of South Bend, Indiana [l d in 1,t READING pUBLIC: HEARING 3 r4 READING FU NOT APPROVED CITY CLENK, PASSEO. PETITION TO REZONE City oLSouth Bend Indiana 1(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1.) The property sought to be rezoned is located at: a. 505 Kalorama b. 841 Milt Street 2.) The property Tax Key Nurnber(s)is/are: a. 018-5038-1361 b.018-5038-1362 3.) Name and Address of property owner(s)of the petition site. Northeast Neighborhood Revitalization Organization(NNRO) 803 Lincoln Way West South Bend,IN 46616 (574)289-1066 4.) Name and Address of contingent purchasers)if applicable: Not Applicable 5.) It is desired and requested that this property be rezoned: From: W1 District To: SF2 District 6.) This rezoning is requested to allow the following use(s): Construction of single-family homes. 7.) Attached,and made a part of this PETITION,is: a. A copy of a legal description of the property; b. A list of names and addresses of all property owners, and the tax key numbers for all properties within 340 feet of the petition property; c. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. PEON PREPARED BY: Signature of All Property owners Northeast Neighborhood Redevelopent Org. 803 Lincoln Way West South fiend,IN 46616 (574)289-1066 Tim Sexton,President Northeast Neighborhood Redevelopment Org. CONTACT PERSON(S) Phil Byrd NNRO Manager Filed i !�c .x 803 Lincoln Way West South Bend,IN 46616 i (574)289-1066 vy OUN .-w 0 Z Q 13`y (.k3 `'c,°.ryL Hill Street/Kalorama Street Rezoning; Legal Description The Northeast Neighborhood Redevelopment Organization(NNRO)is redeveloping the Hill Street Neighborhood.The two lots we wish to rezone are currently vacant and are unique in that they are zoned multi-family in an area otherwise zoned exclusively single-family. It is our intent to rezone said lots to single-family use(SF2)so single family homes can be built on them. This rezoning will allow us to proceed with our redevelopment plan in general and in a manner that preserves the character of the neighborhood. The two lots are legally described as follows: 801 Hil[: Lot 6 Ex 45'W End&N 1/2 Vac Kalorama St S&Adj Cedar Heights Add Sec 1-37-2E 11/12 Vac Ord 9994 10 dtd 4-15-10 505 Kalorama: 45'W End Lot 6&N 112 Vac Kalorama St S&Adj Cedar Heights Add Sec 1-372 E 11112 Vac Ord 9994-10 dtd 4-15-10 FIFOd in ,U N u i Parcel 1D Name Mailing Address City State ZIP 018-5038-1359 NORTHEAST NEIGHBORHOOD REVITALIZATION $03 Lincolnway W South Bend IN 46616 ORGANIZATION INC 018-5038-1368 PROCK KRISTEN 715 Hill Street South Bend IN 46617 018-5036-1268 AJP REAL ESTATE GROUP LLC PO Box 8318 South Bend IN 46660 018-5036-1282 ALUMNI GROUP INC 12840 Jefferson Mishawaka IN 46545 018-5038-1364 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lincolnway West South Bend IN 46616 ORGANIZATION INC 018-5036- HAMPSHIRE GROUP INC PO Box 502 South Bend IN 46624 12727 401 1 018-503838-1349 MC ASSETS LLC 2 South Broadway ste 600 Saint Louis MO 63102 0118-50313-11354 DUNFEE WILLIAM H&MARY ANN DUNFEE CO-TRUSTEES 8230 W Hendrick Rd Bloomington IN 47403 WILLIAM H&MARYANN DUNFEE LIVING TRUST 018-5036-1262 ANLAN PROPERTIES LLC 15284 Fox Run Trail Mishawaka IN 46545 018-5036-1283 ALUMNI GROUP INC 12840 Jefferson Mishawaka IN 46545 018-5036-1281 HAMPSHIRE GROUP INC PO Box 502 South Bend IN 46624 018-5036-1274 ALUMNI GROUP INC 12840 Jefferson Mishawaka IN 46545 018-5037-1287 STAHL VIRGIL 714 N Hill St South Bend IN 46617 018-5037-1286 IVEY SANDRA LEE 718 N Hill St South Bend IN 46617 018-5036-1278 ROBISON DONALD L&CHRISTINE L 724 N Hill St South Bend IN 46617 01854381366 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 803 Lincolnway West South Bend IN 46616 018-5436-1277 COLE WILLIE AND KING COLE BARBARA J 726 N Hill Street South Bend IN 46617 018-5036-1284 HURST MELISSA A 51962 S Lake Dr W Granger IN 46530 018-5036-1276 ICING GARY E&LINDA M 730 N Hill St South Bend IN 46617 018-5038-1365 WIGFALL CHESTER A AND IDAL 729 N Hill St South Bend IN 46617 018-5038- NORTHEAST NEIGHBORHOOD REVITALIZATION 136301 ORGANIZATION INC 843 Lincolrrway W South Bend IN 46616 018-5038-1363 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lincolnway W South Bend IN 46616 ORGANIZATION INC 018-5036-1254 BORYSIAK STEFAN T&ARELLANO 1RENE PO Box 441 South Bend IN 46624 018-5038-1367 018-5036-1275 KING GARY E&LINDA M 730 N Hill St South Bend IN 46617 018-5038-1357 HERRON ERNEST 1240 N Elliott St South Bend IN 46628 0185036-1259 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 803 Lww South Bend IN 46616 018-5038-1352 DUNFEE WILLIAM H&MARY ANN DUNFEE CO-TRUSTEES 8230 W Hendrick Rd Bloomington 1N 47403 WILLIAM H&MARY ANN DUNFEE LIVING TRUST 018-5038-1353 ARROYO MARIA DEL PILAR 508 Corby Blvd South Bend IN 46617 018-5036-1280 HERNANDEZ JOSE L 801 N St Louis Blvd South Bend IN 46617 018-5038-1346 MC ASSETS LLC 2 South Broadway ste 600 Saint Louis MO 63102 018-5036-1270 NORTHEAST NEIGHBORHOOD REVITALIZATION ORG INC 803 LWW South Bend IN 46617 018-5036-1256 MARSHALL S ERIC P O Box 6545 South Bend IN 46664 018-5038-1358 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lincolnway West South Bend IN 46616 ORGANIZATION INC 018-5038-1361 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 803 Lincoinway W South Bend IN 46616 0185038 1362 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 803 LWW South Bend IN 46616 018-5036-1272 NORTHEAST NEIGHBORHOOD REVITALIZATION 802 LWW South Bend IN 46616 OGANIZATION INC 018-5036-1273 NORTHEAST NEIGHBORHOOD REVITALIZATION 802 LWW South Bend IN 46616 OGANIZATION INC 018-5036-1279 PAPAGIANNIS SUSAN M 16635 Bennington Ct Granger IN 46530 018-5438-1356 NORTHEAST NEIGHBORHOOD REVITALIZATION ORG INC 803 LWW South Bend IN 46616 018-5036 1267 KOTOSKE DONALD E DR&ANNE H REV LIVING TRUSTDR 56790 Magnetic Drive Mishawaka IN 4fi545 DONALD E&ANNE H KOTOSKE TRUSTEES 018-5038-1360 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lww South Bend IN 46616 ORGANIZATION INC 018-5036-1271 NORTHEAST NEIGHBORHOOD REVITALIZATION ORG INC 803 LWW South Bend IN 46617 018-5036-1257 WALASINSKI JOSEPH E Ill 809 St.Louis Bivd South Bend IN 46617 018-5036-1255 PIMIENTA LAURA E 817 N St Louis Blvd South Bend IN 46617 018.5036-1266 SHUAMBER HENRIETTA M 828 N Hill South Bend IN 46617 018-503$1355 DUNFEE WILLIAM H&MARY ANN DUNFEE CO-TRUSTEES 8234 W Hendrick Rd Bloomington IN 47403 WILIIAM H&MARY ANN DUNFEE LIVING TRUST 018-5036-1265 O&apps;CONNELL PROPERTIES LLC 15284 Fox Run Trail Mishawaka IN 46545 018-5038- RLJII-R SOUTH BEND LLC 3 BETHESDA METRO CENTER Bethesda MD 20814 13434 301 1 018-5038-1344 PARCHER MICHAEL J 426 Corby Blvd South Bend IN 46617 018-5038- GUILLEN HECTOR 5411 W Wisconsin Milwaukee Wt 53208 13434601 1 018-5038-1345 MONTAGUE CURRY LEE&DOROTHY NESBIT AND FRANK 448 E Corby South Bend IN 46617 G MONTAGUE&ETAL 018-5036-1263 ANLAN PROPERTIES LLC 15284 Fox Run Trail Mishawaka IN 46545 018-5036-1264 ANLAN PROPERTIES LLC 15284 Fox Run Trail Mishawaka IN 46545 #p}' Filed°i JUN CITY CLERK.,ir.`��3::r�xtt�4:�p Ss I S �ed�,EriP'1., i ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED (AS A CLARIFICATION FOR VACATION ORDINANCE 9994-10) IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTHISOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 50 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows. SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE STREET TO BE VACATED (AS A CLARIFICATION FOR VACATION ORDINANCE 9994-10) IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 50 FEET. SAID STREET IS PART OF CEDAR HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Parcel 018-5038-1361 Parcel 018-5038-1362 Parcel 018-5038-1363 Parcel 018-5038-1363.01 SECTION IV. The purpose of the vacation of the real property is to allow for the Northeast Neighborhood Revitalization Organization (NNRO) to continue its development of the Hill Street Neighborhood. Currently, the street in question is a dead-end between 4 vacant lots, all of which are owned by the NNRO. The street serves little purpose and detracts aesthetically from the neighborhood. Granting a vacation will allow for the land at the site in question to be replatted and combined with adjacent lots for the construction of single-family homes. The vacation of the street is a necessary step toward arranging the planned homes in a fashion that promotes both aesthetics and growth in the neighborhood. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. G_� Member of the Common Cou Attest: s! :�,,, a ttqq�� i.y .0 lr 5 n3 Y°L PIi+J:�t2ai��a' p,31�,e�r34Jt�7iiF s>�d �.e3:.:pr,�euo rc� e3 aYe v6df City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South Bend, India "fled in U34-e ' .; NO NOT Z E, _11., n_.,,_. CITY CLERK,,ZIOU"t"H MIND,.U',! Corby -1356 18-5038 -1343.01 -1269 -1358 -4270 ' -1359 -1360 -1271 8150' I \\ 1 18-50 6 -1361 -1362 -1272 165' 18-5a38 - al®rnma 185' -1363.01 -1363 -1274 -1346 -1364 -1274.01 -1z75 -1365 8 5038 -1276 -1348 1366 -1277 Leal Description: The street to be vacated (as a clarification for Vacation Ordinance 9994-10) is a portion of Kalorama Street from Hill Street to the first North/South alley for a distance of 105 feet and a width of 50 feet. Said street is part of Cedar Heights Addition to the City of South Bend, Portage township, St. Joseph County, Indiana. Property Owners within 150' of Proposed Vacation Parcel ID Current Owner Owner Address Owner City Owner Corner State 2i 018-5038-1359 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Uncolnway W South Bend IN 46616 ORGANIZATION INC 018-5038-1364 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lincolnway West South Bend IN 46616 ORGANIZATION INC 018-5036-127401 HAMPSHIRE GROUP INC PO Box 502 South Bend IN 46624 018-5036-1274 ALUMNI GROUP INC 12840 Jefferson Mishawaka IN 46545 018-3038-1366 NORTHEAST NEIGHBORHOOD REVITALIZATION 8M Lincoinway West South Bend IN 46616 ORGANIZATION INC 018-50361276 KING GARY E&LINDA M 730 N Hill St South Bend IN 46617 0185038.1365 WIGFALL CHESTER A AND IDAL 729 N Hill St South Bend IN 46617 018-5036,136301 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lincoinway W South Bend IN 46616 ORGANIZATION INC 0185038-1363 NORTHEAST NEIGHBORHOOD REVITALIZATION $03 Llncolnway W South Band IN 46616 ORGANIZATION INC 018-5036-1275 KING GARY E&LINDA M 730 N Hill St South Bend IN 46617 0185038-1346 MC ASSETS LLC 2 South Broadway ste 60 Saint Louis MO 63102 018.5036-1270 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 LWW South Bend IN 46617 ORG INC 018-5038-1358 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 803 Lincolrrvvay West South Bend IN 46816 0183038-1361 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lincoinway W South Bend IN 46616 ORGANIZATION INC 018-1038-1362 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 LWW South Bend IN 46616 ORGANIZATION INC 018-5036-1272 NORTHEAST NEIGHBORHOOD REVITALIZATION OGANIZATION INC 802 LWW South Bend IN 46616 0183038-1360 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lww South Bend IN 46616 ORGANIZATION INC 018-5036-1271 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 LWW South Bend IN 46617 ORG INC 018-5438-134301 RLJII-R SOUTH BEND LLC 3 BETHESDA METRO C Bethesda MD 20814 ENTER 4 PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA I(WE),THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A.) THE STREET DESCRIBED AS: The street to be vacated(as a clarification for Vacation Ordinance 9994-10)is a portion of Kalorama Street from Hill Street to the first North/South alley for a distance of 165 feet and a width of 50 feet. Said street is part of Cedar Heights Addition to the City of South Bend Portage Township, St. Joseph County, Indiana. NAME(signed and printed) ADDRESS LOT# 735 Hill NE Cor.Lot 7&S 'rim Sexton,President Northeast Neighborhood Redevelopment Org. 801 Hill Lot 6 Ex 45'W End&N'/z Tim Sexton,Presi nt Northeast Neighborhood Redevelopment Org. �4�1 505 Kalorama W End Lot 6&N 1/2 Tim Sexton,Presid nt Northeast Neighborhood Redevelopment Org. �. 514 Kalorama N 1/2 Lot 7&S 1/2 Tim Sexton,President Northeast Neighborhood Redevelopment Org. CONTACT PERSONS) Phil Byrd NNRO Manager 803 Lincoln Way West South Bend,IN 46616 (574)289-1066 NNRONortheast Neighborhood Revitalization Organization 803 Lincoln Way West * South Bend, Indiana 46616 Phone. 574-289-1066 (Ext. 212) Fax: 574-289-4550 Board of Directors Tim Sexton President City of South Bend Paul Meyer Office of the City Clerk YicePresident Room 455, County-City Building ® South Bend, IN 46601 Margueritell.Taylor Secretary June 5, 2012 CharlesF Nelson The Northeast Neighborhood Revitalization Organization(NNRO) is seeking a vacation Treasurer for a portion of Kalorama Street in order to continue its development of the Hill Street 0 Neighborhood. Solomon L.Anderson Currently, the street in question is 50' wide and 165' long and dead-ends on the top of a bluff. It stands between 4 vacant lots, all of which are owned by the NNRO. The street Irene Cour serves little purpose and detracts aesthetically from the neighborhood. Granting a vacation of the street will allow this land to be combined with adjacent lots and then replatted into a Albert L.Gutierrez more usable configuration of lots to be used for the construction of single-family homes. The vacation of the street is a necessary step toward arranging the planned homes in a Gregory P.Hakanen fashion that promotes bona aesthetics and growth in the neighborhood. Karl G.King ® Phillip E. Byrd Michael 0Weil NNRO Coordinator AnnPuzzello Northeast ei borhood Revitalization Organization ® 803 Lincoln Way West KathrynRoos South Bend, IN 46616 (574)289-1066 Barbara J.Sniegowski Bill Stenz Richard A.Nussbaum,II Legal Counsel to Board Matthew J_Gray SBHF.Represemative - 6�_ - t __ PROPOSED ORDINANCE NUMBER: ORDINANCE NUMBER: AN ORDINANCE TO ESTABLISH CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES WITHIN THE CITY OF SOUTH BEND, INDIANA The COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA does hereby find the following: The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smoke free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that smoke free policies and laws do not have an adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services, The Health Consequences of Involuntary Exposure to Tobacco Smoke:A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health,2906.) According to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke. (U.S. Department of Health and Human Services. How Tobacco Smoke Causes Disease:The Biology and Behavioral Basis for Smoking-Attributable Disease:A Report of the Surgeon General. Atlanta,GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010.) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually. (National Cancer Institute(NCI), "Health effects of exposure to environmental tobacco smoke:the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10," Bethesda, MD:National Institutes of Health, National Cancer Institute(NCI),August 1999.) The Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen. 06/46/2012 1 of 15 9:16 AM PROPOSED ORDINANCE NUMBER: (Environmental Health Information Service(EHIS), "Environmental tobacco smoke:first listed in the Ninth Report on Carcinogens," U.S. Department of Health and Human Services(DHHS), Public Health Service, NTP, 2000;reaffirmed by the NTP in subsequent reports on carcinogens, 2003,2005.) There is indisputable evidence that implementing 100% smoke-free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke. (World Health Organization(WHO), "Protection from exposure to secondhand smoke:policy recommendations," World Health Organization(WHO),2007.) In reviewing 11 studies concluding that communities see an immediate reduction in heart attack admissions after the implementation of comprehensive smoke free laws, the Institute of Medicine of the National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smoke free laws reduce heart attacks. (Institute of Medicine(10M)of the National Academies, Board on Population Health and Public Health Practice, Committee on Secondhand Smoke Exposure and Acute Coronary Events, "Secondhand smoke exposure and cardiovascular effects: making sense of the evidence," Washington, DC:National Academies Press,October 2009.) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.;Skoumas,J.;Tzioumis, K.;Stefanadis,C.;Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes:the CARDI02000 case-control study," Tobacco Control 11(3):220-225, September 2002.) Studies measuring cotinine (metabolized nicotine) and NNAL (metabolized nitrosamine NNK, a tobacco-specific carcinogen linked to lung cancer) in hospitality workers find dramatic reductions in the levels of these biomarkers after a smoke free law takes effect. Average cotinine levels of New York City restaurant and bar workers decreased by 85% after the city's smoke free law went into effect. ([n.a.], "The State of Smoke-Free New York City:A One Year Review," New York City Department of Finance, New York City Department of Health&Mental Hygiene, New York City Department of Small Business Services, New York City Economic Development Corporation, March 2004). After the implementation of Ontario, Canada's Smoke free Indoor Air Law, levels of NNAL were reduced by 52% in nonsmoking casino employees and cotinine levels fell by 98%. (Geoffrey T. Fong,et. al,, "The Impact of the Smoke-Free Ontario Act on Air Quality and Biomarkers of Exposure in Casinos:A Quasi-Experimental Study," Ontario Tobacco Control Conference, Niagara Falls, Ontario, December 2,2006.) Following a Health Hazard Evaluation of Las Vegas casino employees' secondhand smoke exposure in the workplace, which included indoor air quality tests and biomarker assessments, the National Institute of Occupational Safety & Health (NIOSH) concluded that the casino employees are exposed to dangerous levels of secondhand smoke at work and that their bodies absorb high levels of tobacco-specific chemicals NNK and cotinine during work shifts. NIOSH also 06/06/2012 2 of 15 9:16 AM PROPOSED ORDINANCE NUMBER: concluded that the "best means of eliminating workplace exposure to [secondhand smoke] is to ban all smoking in the casinos." (Health hazard evaluation report: environmental and biological assessment of environmental tobacco smoke exposure among casino dealers, Las Vegas, NV. By Achutan C,West C, Mueller C, Boudreau Y, Mead K. Cincinnati, OH: U.S. Department of Health and Human Services,Centers for Disease Control and Prevention,National Institute for Occupational Safety and Health, NIOSH HETA No. 2005-0076 and 2005- 0201-3080, May 2009.) Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. (California Environmental Protection Agency(Cal EPA), "Health effects of exposure to environmental tobacco smoke", Tobacco Control 6(4):346-353, Winter, 1997.) The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (Daynard, R.A,,"Environmental tobacco smoke and the Americans with Disabilities Act," Nonsmokers'Voice 15(1):8-9.) The U.S. Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking. (Pechacek, Terry P.;Babb, Stephen, "Commentary. How acute and reversible are the cardiovascular risks of secondhand smoke?"British Medical Journal 328:960-983,April 24, 2004.) Given the fact that there is no safe level of exposure to secondhand smoke, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smoke free environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure, and recommends that indoor environments be smoke free in their entirety. (Samey,J.; Bohanon,Jr.,H,R.;Coultas, D.B.; Houston, T.P.; Persily, AX; Schoen, L.J.;Spengler,J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke,"American Society of Heating, Refrigerating and Air-Conditioning Engineers(ASHRAE), 2005.) During periods of active smoking, peak and average outdoor tobacco smoke (OTS) levels measured in outdoor cafes and restaurant and bar patios near smokers rival indoor tobacco smoke concentrations. (Klepeis, N.;Ott, W.R.;Switzer, P,, "Real-time measurement of outdoor tobacco smoke particles,"Journal of the Air& Waste Management Association 57:522-534,2007.) Nonsmokers who spend six-hour periods in outdoor smoking sections of bars and restaurants experience a significant increase in levels of cotinine when compared to the cotinine levels in a smoke free outdoor area. (Hall,J.C.;Bernert,J.T.; Hall, D.B.;St Helen, G.; Kudon, L.H.; Naeher, L.P., "Assessment of exposure to secondhand smoke at outdoor bars and family restaurants in Athens, Georgia, using salivary cotinine," Journal of Occupational and Environmental Hygiene 6(11):698-704, November 2009.) Residual tobacco contamination, or "thirdhand smoke," from cigarettes, cigars, and other tobacco products is left behind after smoking occurs and builds 06/06/2012 3 of 15 9:16 AM PROPOSED ORDINANCE NUMBER: up on surfaces and furnishings. This residue can linger in spaces long after smoking has ceased and continue to expose people to tobacco toxins. Sticky, highly toxic particulate matter, including nicotine, can cling to walls and ceilings. Gases can be absorbed into carpets, draperies, and other upholsteries, and then be reemitted (off-gassed) back into the air and recombine to form harmful compounds. (Singer, B.C.; Hodgson, A.T.;Nazaroff, W.W., "Effect of sorption on exposures to organic gases from environmental tobacco smoke(ETS)," Proceedings:IndoorAir2002,2002) Tobacco residue is noticeably present in dust throughout places where smoking has occurred. (Matt, G.E.;Quintana, P.J.E.; Hovell, M.F.; Bernert,J.T.;Song, S.; Novianti, N.;Juarez, T.; Floro,J.; Gehrman, C.;Garcia, M.; Larson, S., "Households contaminated by environmental tobacco smoke:sources of infant exposures," Tobacco Control 13(l):29-37,March 2004.) Given the rapid absorption and persistence of high levels of residual nicotine from tobacco smoke on indoor surfaces, including clothing and human skin, this recently identified process represents an unappreciated health hazard through. dermal exposure, dust inhalation, and ingestion. (Sleiman, M.;Gundel, L.A.; Pankow, J.F.;Jacob III, P.;Singer, B.C.; Destaillats, H., "Formation of carcinogens indoors by surface-mediated reactions of nicotine with nitrous acid, leading to potential thirdhand smoke hazards," Proceedings of the National Academy of Sciences of the United Sates of America(PNAS) 107{15):6576-6581, February 8, 2010) Unregulated high-tech smoking devices, commonly referred to as electronic cigarettes, or "e-cigarettes, "closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of e-cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested "quality control processes used to manufacture these products are inconsistent or non-existent." ([n.a.], "Summary of results: laboratory analysis of electronic cigarettes conducted by FDA,"Food and Drug Administration(FDA),July 22,2009;http:l iwww.tda.egov/NewsEvents/PublicHealthFocus/ucml7314$,.htrn Accessed on:October 22, 2009.) E-cigarettes produce a vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y., "Economic Effects of Environmental Tobacco Smoke," Society of Actuaries, March 31,2005.) Numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive 06/06/2012 4 of 15 9:16 AM PROPOSED ORDINANCE NUMBER: economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety. (Glantz, S.A. &Smith, L.,'The effect of ordinances requiring smokefree restaurants on restaurant sales in the United States."American Journal of Public Health, 87:1687-1693, 1997;Colman, R.; Urbonas, C.M., "The economic impact of smoke-free workplaces:an assessment for Nova Scotia,prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 2001.) Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses. ("The high price of cigarette smoking,"Business&Health 15(8), Supplement A:6-9,August 1997.) The smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance. Accordingly, the COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. SECTION I. DEFINITIONS The following words and phrases, whenever used in this Ordinance, shall be construed as defined in this Section.- a. "Ashtray" means any receptacle that is used for disposing of smoking materials, including, but not limited to, ash and filters. b. "Bar" means any establishment used primarily for the sale of alcoholic beverages for consumption by patrons on the premises and which holds a retailer's permit under the laws of the State of Indiana. The term includes, but is not limited to, taverns, nightclubs, and cocktail lounges. c. "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including, but not limited to, retails establishments where goods or services are provided to the public, and other entities where accounting, counseling, legal, medical, dental, engineering, architectural, or other professional services are delivered. d. "Cigar" means any roll of tobacco that has a wrapper or cover consisting only of tobacco, weighing more than four and one-half pounds per 1,000 and is sold without a filter. 06/06/2012 5 of 15 9:16 Aft PROPOSED ORDINANCE NUMBER: e. "Cigarette" means: 1. Any roll for smoking containing tobacco wrapped in paper or in any substance other than tobacco leaf or 2. Any roll for smoking containing tobacco wrapped in any substance, however labeled or named, which because of its appearance, size, the type of tobacco used in the filler, or its packaging, pricing, marketing, or labeling, is likely to be offered to, purchased by, or consumed by consumers as a cigarette as defined above. f. "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services. g. "Employer" means a person, business, association, municipal corporation, trust, or nonprofit entity that employs the services of one or more individual employees. h. "Enclosed Area" means all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind. L "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, or physiological conditions, including but not limited to, hospitals, rehabilitation hospitals, addiction treatment hospitals and facilities, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. The term "Health Care Facility" shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities. j. "Place of Employment" means an area under the control of a public or private employer that employees normal frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. k. "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any 06/06/2012 6 of 15 9a6 AM PROPOSED ORDINANCE NUMBER: similar facility located on public or private school grounds or on South Bend grounds. 1. "Public Place" means an area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, Laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a childcare, adult day care, or health care facility. m. "Restaurant" means an eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. n. "Retail Tobacco Store" means a retail store: 1. Utilized primarily for the sale of tobacco and tobacco-related products including, but not limited to cigarettes, cigars, tobacco, pipes, cigarette paper and lighters; 2. That is not licensed for the consumption of meals or alcoholic beverages on the premises operated in conjunction with another business that is licensed for the on-premises consumption of meals or alcoholic beverages; and 3. In which the sale of tobacco and tobacco-related products accounts for not less than 85% of the store's gross sales. "Retail Tobacco Store" does not include a tobacco department of a larger commercial establishment such as a grocery store, department store, discount store or hotel. o. "Service Line" means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service or any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines. p. "Shopping Mall" means a public walkway or hall area that serves to connect retail or professional establishments. 06/06/2012 7 of 15 9:16 AM PROPOSED ORDINANCE NUMBER: q. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any lighted or heated tobacco or plant product or equipment intended for inhalation, in any manner or in any form. "Smoking" also includes the use of an e-cigarette, which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. r. "Sports Arena" means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. s. "Tobacco Specialty Bar" means a business that, as of ,dune G, 2012: 1. Is licensed to sell alcoholic beverages pursuant to a permit issued by the Indiana Alcohol and Tobacco Commission for on-premises consumption and in which the service of food is only incidental to the consumption of such beverages and the sale of cigars or Hookah tobacco; 2. Is engaged in the business of selling cigars or hookah tobaccos and where at least twenty percent (20%) or more of its total annual gross income over the preceding calendar year derived from the on-site sale of cigars or Hookah tobaccos; 3. That is not physically located within a business otherwise required to be smoke free and 4. Does not sell cigarettes or allow smoking of cigarettes on the premises. SECTION 11. PROHIBITION OF SMOKING Except as provided in Section VI, smoking shall be prohibited in all enclosed public places within the City of South Bend, Indiana, including but not limited to, the following places: a. Aquariums, galleries, libraries and museums. 06/06/2012 8 of 15 9:16 AM PROPOSED ORDINANCE NUMBER: b. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, Laundromats, professional offices, and retail service establishments. c. Bars. d. Bingo facilities. e. Childcare and adult day care facilities. f. Convention facilities. g. Educational facilities, both public and private. h. Elevators. i. Gaming facilities. j. Health care facilities. k. Hotels and motels. 1. Lobbies, hallways, and other common areas in apartment building, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. m. Polling places. n. Public transportation vehicles, including buses and taxicabs, under the authority of the City of South Bend, Indiana, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities. o. Restaurants. p. Restrooms, lobbies, reception areas, hallways, and other common-use areas. q. Retail stores. r. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City of South Bend, Indiana or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City of South Bend, Indiana. s. Service lines. 06106{2412 9 of 15 9:16 AM PROPOSED ORDINANCE NUMBER: t. Shopping malls. u. Sports arenas, including enclosed places and outdoor areas. v. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. w. Tobacco Specialty Bars. SECTION III. PROHIBITION OF SMOKING IN ENCLOSED PLACES OF EMPLOYMENT a. Smoking shall be prohibited in all enclosed areas of places of employment without exception. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. b. The prohibition on smoking shall be communicated to all existing employees by the effective date of this Ordinance and to all prospective employees upon their application for employment. SECTION IV. APPLICABILITY TO CITY FACILITIES All facilities and vehicles owned, leased or operated by the City of South Bend, Indiana, as well as outdoor property adjacent to such buildings and under the control of the City of South Bend, Indiana, shall be subject to the provisions of this Ordinance. SECTION V. REASONABLE DISTANCE Smoking shall be prohibited outdoors within a reasonable distance from an enclosed area where smoking is prohibited by this Ordinance, but in no event .closer than eight (8) feet,'so as to insure that tobacco smoke does not enter into establishments designated as smoke free under this Ordinance through entrances, windows, ventilation intakes or other means. SECTION VI. EXEMPTIONS Notwithstanding the smoking prohibitions in Section II, smoking will be permitted in the following locations: 1. Retail Tobacco Stores. 2. Private residences, except when used as a licensed childcare, adult day care, or health care facility. 3. Any business that as of June 6, 2012: 06/06/2012 10 of 15 9:16 AM PROPOSED ORDINANCE NUMBER; a. Is exempt from federal income taxation under 26 U.S.G. § 501 (c); b. Is a "club" as that term is defined by Ind. Code § 7.1-3-20-1, or a "fraternal club" as that term is defined by Ind. Code § 7.1-3-20- 7; c. Holds a beer, liquor, or wine retailer's permit under the laws of this state; and d. Provides food or alcoholic beverages only to its bona fide members and guests and, in addition, e. The business: i. Provides a separate, enclosed, designated smoking room or area that is adequately ventilated to prevent migration of smoke to nonsmoking areas of the premises; and ii. Allows smoking only in the room or area described (i) above. 4. None of the areas in Section VI shall be exempt from the provisions of this Ordinance if smoke from any area enters, either directly or indirectly, through entrances, windows, ventilations systems, or other means, where smoking is otherwise prohibited by this Ordinance. 5. Any business claiming an exemption pursuant to this Section VI shall provide to the South Bend Department of Code Enforcement within three (3) business days of demand, adequate written proof that it qualifies for the exemption claimed. An authorized representative of the business shall certify such written proof under the penalties for perjury. 6. No person or entity shall discharge, refuse to hire or retaliate in any manner against an employee, applicant for employment, or customer because of any attempt to enforce the provisions of this Ordinance by such employee, applicant or customer. SECTION 'VII. PROHIBITION OF SMOKING IN OUTDOOR PUBLIC PLACES Smoking shall be prohibited in the following outdoor places: a. Within a reasonable distance of eight (8) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas. 06/06/2012 11 of 15 9:16 AM PROPOSED ORDINANCE NUMBER: b. All outdoor property that is adjacent to buildings owned, leased, or operated by the City of South Bend, Indiana and that is under the control of the City of South Bend, Indiana. c. In, and within eight (8) feet of, outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited for outdoor seating or serving areas of restaurants and bars. d. In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in and within eight (8) feet of, bleachers and grandstands for use by spectators at sporting and other public events. e. In, and within eight (8) feet of, all outdoor playgrounds. f. In, and within eight (8) feet of, all outdoor public transportation stations, platforms, and shelters under the authority of the City of South Bend, Indiana. g. In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, parking lot attendants, and toll takers. In lines in which persons in vehicles obtain service, both pedestrians and persons in vehicles, but only within eight (8) feet of the point of service prohibit smoking. h. In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multi-unit residential facilities, except in designated smoking areas, not to exceed twenty-five percent (25%) of the total outdoor common area, which must be located at least eight (8) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. SECTION Vill. ADDITIONAL REQUIREMENTS a. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this Ordinance by the owner, operator, manager, or other person having control of the area. b. An owner, operator, manager, or official in charge of a public place or place of employment shall post conspicuous signs at each entrance that read "The City of South Bend Prohibits Smoking Within 8 Feet of This Entrance". c. Any establishment exempted from Section VI shall clearly and conspicuously post the following sign at every entrance: "Warning. This Is A Smoking Establishment". 06/06/2012 12 of 15 9:16 AM PROPOSED ORDINANCE NUMBER: SECTION IX. DECLARATION OF ESTABLISHMENT AS NONSMOKING Notwithstanding any other provision of this Ordinance, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor areas are a nonsmoking place. SECTION X. ENFORCEMENT a. The South Bend Department of Code Enforcement shall enforce this Ordinance. b. An owner, manager, operator, or employee of an establishment regulated by this Ordinance, shall inform person(s) in violation of the appropriate provisions thereof and shall ask those persons to refrain from smoking. c. For a business that elects to be exempted under the provisions of Section Vl, it shall be the duty of the owner, manager, or operator to ensure that no persons under the age of eighteen (18) are allowed to enter. SECTION X1. PENALTY Any owner, manager, operator, or other person in control of an establishment, facility, or outdoor area found to be in violation of this Ordinance shall, upon conviction be fined as follows: a. The issuance of a verbal and written warning for the first violation, b. A fine of Two Hundred and 001100 Dollars ($200.00) for the second violation within the same calendar year; c. A fine of Four Hundred and 001100 Dollars ($400.00) for a third violation within the same calendar year; d. A fine of Eight Hundred and 001100 Dollars ($800.00) for a fourth violation within the same calendar year; and e. A fine of Fifteen Hundred and 00/100 Dollars ($1,500.00) for each additional violation occurring within the same calendar year. Each day of violation shall constitute a separate and distinct offense. SECTION XII. REPEALER Any Ordinance in effect, which is inconsistent, or conflicts with any part of this Ordinance is expressly repealed to the extent of such inconsistency or conflict, and the remainder of the Ordinance shall be unaffected and remain in effect. 06/06/2012 13 of 15 9:16 AAA PROPOSED ORDINANCE NUMBER: SECTION XIII. SEVERASILITY In any sections, sentence, or provisions of this Ordinance, or the application thereof to any person or circumstance shall be declared invalid, such invalidity shall not affect any of the other sections, sentences, provisions or application of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION XIV. LEGAL CONSTRUCTION This Ordinance shall be construed broadly to effectuate the purposes of this Ordinance. 06/06/2012 14 of 15 9:16 AM PROPOSED ORDINANCE NUMBER: SECTION XV. EFFECTIVE DATE This Ordinance shall be in full force and effect beginning August 1, 2012 after its passage by the Common Council, its approval by the Mayor, and the fulfillment of all statutory requirements. ORDAINED this day of 2012 it Derek Dieter, President of Common Council ATTEST: i d t l City Clerk PRESENTED to the Mayor by me this day of , 2012 APPROVED by me this day of 12012. Pete Buttigieg, Mayor 1 s READING PUBLIC HEARING `1 12 3;-d READING NOT APPROV0 7,7,7 REFERRED PASSED 06/06/2012 15 of 15 9:16 AM June 6,2012 Dear Colleagues, My cosponsors and I are pleased to present to you a clean air standards ordinance for workplaces and public places. The goal of the ordinance is to reduce the health hazards induced by exposure to environmental tobacco smoke for the residents of our community. The 2006 U.S.Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke,has concluded that(1)secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems,ear infections,and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smoke free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace,because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and(6) evidence from peer-reviewed studies shows that smoke free policies and laws do not have an adverse economic impact on the hospitality industry.* It is based on this data that we believe establishing clean air standards for workplaces and public places is in the best interest of our citizens and their health and well being. Thank you for your time and consideration of this important issue. Please let me know if you have any questions or suggestions regarding this bill. Thank you, Valerie Schey *(U.S.Department of Health and Human Services.The Health Consequences oflnvoluntary Exposure to Tobacco Smoke:A Report of the Surgeon General.U.S.Department of Health and Human Services,Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion,Office on Smoking and Health,2046.) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY'S POLICY CONCERNING NEPOTISM IN CITY EMPLOYMENT, AND CONTRACTS WITH RELATIVES OF ELECTED CITY OFFICIALS, IN CONFORMITY WITH INDIANA LAW STATEMENT OF PURPOSE AND INTENT On July 1, 2012, two new Chapters of the Indiana Code take effect, i.e., Ind. Code Section 36-1-20.2, "Nepotism", based on P.L. 135-2012, Section 7, and IC 36-1-21, "Contracting With a Unit", based on P.L. 135-2012, Section S (House Enrolled Act 1005). These statutes require that the City of South Bend (City) establish a policy concerning nepotism in City employment, and a policy as to contracting with relatives of elected officials, both of which policies must incorporate at minimum the requirements set forth in the two new Indiana Code Chapters. Executive Order 10-2012 was enacted by Mayor Peter Buttigieg on January 1, 2012, and it covers nepotism in City employment consistent with IC 36-1-20.2. It further includes and regulates City contracts with relatives of "an official, appointee, or employee" although it does not use the term "elected official" which IC 36-1-21 specifically covers. The definition of "relative" in Executive Order 1-2012 is identical to the definition in the new Indiana law except that Executive Order 1-2012 includes grandparents, step grandparents, grandchildren and step grandchildren. The new State laws expressly permit local governments to adopt more stringent or detailed policies than required by State law, and Executive Order #1-2012 contains an expanded scope of relatives covered under the nepotism policy as well as those persons included in the policy regulating contracts with relatives. A copy of Executive Order 11 1-2012 is attached hereto as Exhibit C. It is in the best interests of the City that this Council formally adopt policies as to nepotism in City employment and as to contracting with the City to be fully compliant on July 1, 2012 with the requirements of Indiana law as enacted in P.L. 135 -2012, Sections 7 and 8, as codified at IC 36-1-20.2 and IC 36-1-21. It is further in the best interests of the City that these policies be made more stringent by including those persons defined as relatives in Executive Order #1-2012, and by expanding the class of persons whose relatives are restricted from contracting with the City under Executive Order 1-2012, presently in effect. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1 . It is necessary and appropriate that the City of South Bend (City) adopt a uniform policy of conduct as to nepotism in employment with the City, and in contracting with the City in order to continue to provide government services in an ethical manner and to comply with the new laws effective July 1, 2012 codified at IC 36-1-20.2 and IC 36-1- 21. SECTION II. Both IC 36-1-20.2 and IC 36-1-21 specifically allow a governmental unit to adopt requirements that are "more stringent or detailed" than those set forth in those Chapters of the Indiana Code. SECTION III. Both IC 36-1-20.2 and IC 36-1-21 define a relative for purposes of nepotism and contracting with the City as "any of the following: (1) A daughter. (2) A parent or stepparent. (3) A child or stepchild. (4) A brother, sister, stepbrother, or stepsister. (5) A niece or nephew. (6) An aunt or uncle. (7) A daughter-in-law or son-in-law." In addition to the above persons, a "relative" for purposes of nepotism in employment and in contracting with the City shall include a grandparent, step grandparent, a grandchild, and step grandchild. Furthermore, for purposes of the City's policies as to nepotism in employment and contracting with the City by a relative, the other clarifications of "relative" as set forth in state law are adopted as follows: (a) An adopted child of an individual is treated as a natural child of the individual. (b) The terms "brother" and "sister" include a brother or sister by the half blood. SECTION IV. The City Nepotism Policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of lC 36-1-20.2, together with the additions set forth in Section III of this Ordinance, and including all future supplements and amendments to IC 36-1-20.2 which become law from time to time, and malting them a part hereof as if fully set forth herein. A copy of IC 36-1-20.2, regulating Nepotism, and in effect on July 1 is attached hereto and incorporated herein as Exhibit A. SECTION V. IC 36-1-21, Contracting With a Unit, applies to an "elected official" defined therein as: (1) the executive or a member of the executive body of the unit; (2) a member of the legislative body of the unit; or (3) a member of the fiscal body of the unit. In addition to an "elected official" as defined above, those persons whose contracts or renewal of contracts with the City shall be subject to the restrictions of the Contracting With the City by a Relative Policy in the same manner as an "elected official" shall include a City employee and a City appointee whose "immediate family" includes all persons listed in Section fit of this Ordinance. SECTION VI. The City's Policy as to Contracting with the City by a Relative is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 36-1-21, together with the additions set forth in Section V, VII, and V11I of this Ordinance, and including all future supplements and amendments to IC 36-1-21 which become law from time to time, and making them a part hereof as if fully set out herein. A copy of IC 36-1-21, Contracting With a Unit, in effect on July 1, 2012 is attached hereto and incorporated herein as Exhibit B. SECTION VIL For purposes of this Policy as to Contracting with the City by a Relative, because a single member of the legislative body cannot act for the body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority by the majority, such member will not be in the line of direct supervision. See, [IC 36-4- 6-11]. SECTION VIII. For purposes of this Policy as to Contracting with the City by a Relative, because a single member of a governing body with authority over employees in the City cannot act for that governing body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body, when a statute provides that a majority is needed to act, then a single member will not be in the direct line of supervision without such authority by the majority. SECTION IX. The policies created by this Ordinance are hereby directed to be implemented by any of the following actions: (a) posting a copy of this Ordinance in its entirety in at least one of the locations in the City where it posts employer posters or other notices to its employees; (b) providing a copy of this Ordinance to its employees and elected and appointed officials; (c) providing or posting a notice of the adoption of this Ordinance; or (d) any such other action or actions that would communicate the policies established by this Ordinance to its employees and elected and appointed officials. Upon any of taking these actions these policies are deemed implemented by the City. SECTION X. Two (2) copies of IC 36-1-20.0 and IC 36-1-21, and as supplemented or amended, are and shall remain on file in the office of the City Clerk for public inspection as may be required by IC 36-1-5-4. SECTION XI. All elected and appointed officials and employees of the City are directed to, and shall cooperate fully in the implementation of the policies approved and adopted by this Ordinance. SECTION XII. Failure to abide by or cooperate with the implementation, compliance and certifications connected with the Nepotism Policy and with the Contracting With the City by a Relative Policy is a violation and may result in the discipline, including termination, of an employee or a curative action, including in the case of the Nepotism Policy, a transfer from the direct line of supervision. An elected or appointed official of the City who fails to abide by or cooperate with the implementation, with the compliance, and with mandated certifications of either the Nepotism Policy or the Contracting With Unit by a Relative Policy may be subject to action allowed by law. SECTION XIII. Those portions of Executive Order #1-2012 which are outside the subject matter of IC 36-1-20.5 and IC 36-1-21 shall remain in full force and effect without modification by this Ordinance. SECTION XIV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and no later than July 1, 20I2. Member, South Bend Comm s"� Council Attest: g. Ig and City Clerk X76 d ac-11 3 wait !0,#7 Presented by me to the Mayor of the City of South Bend, Indiana on the _day of 2 , at o'clock .m. City Clerk Approved and signed by me on the day of , 2 , at o'clock, .m. Mayor, City of South Bend, Indiana f p I JUN r r �'LJ.�•L's:.. �ice'�E�� ., y' � , Z Y,� T'lADli;G i` )F Ai^';?W Y EV L..o.w�.�,��...,.,,C'�B..r«�°:f„��:' f' atm'y '•S r zs P/15.LU �OUTIf 1400 Cotnar Crrs t3ur[.D rrc PHONE 5741235-9241 227 W.jFesorr Bouz .vAxb FAx 574/235-7670 SouTH BEND,INDIANA 46601-1830 ,e (f , X865 CITY OF SouTH BEND PETE,Bu=GIEG, MAYOR DEPARTMENT OF A.Aw AL DEAN M. DF-Rosl OrYATroRNEY,AD INT Ewb4 June 6, 2012 Mr. Derek Dieter President, South Bend Common Council 4'h Floor, County-City Building South Bend, IN 46601 Re: Ethics Ordinance As to Nepotism in Employment and Contracting Per HEA 1005 . Dear President Dieter: In its 2012 session, the Indiana General Assembly passed HEA 1005 which addresses conflicts of interest and nepotism. All cities and towns in the State of Indiana are required to adopt and implement anti nepotism policies in employment and in contracting by July 1, 2012. Failure to do so can result in severe penalties including non-approval of the City's budget and non-approval of appropriations requested after July 1, 2012. On January 1, 2012 Mayor Pete Buttigieg enacted Executive Order 1-2012 which addresses the two ethical issues covered by HEA 1005. The Executive Order includes grandparent/child level relatives under its restrictions which HEA 1005 does not. The Executive Order also includes City appointees and employees within the scope of its contracting restrictions which HEA 1005 does not. Because the statutes created by HEA 1005 permit the City to enact policies more stringent than those set forth in those .statutes and because Executive Order 1-2012 reflects a policy of open, honest government, the Ordinance being filed with this letter in compliance with HEA 1005 contains the expanded scope of covered persons as described above. The ordinance was drafted using guidelines and recommendations suggested by the Indiana Association of Cities and Towns (IACT), I will present this ordinance to the Common Council at its Committee meeting and for public hearing. Please keep in mind that the State has given us no later than July 1 to adopt the policies set forth in this ordinance. Thank you for your consideration. "£ Sincerely, M jUN - jj y I•! 5tl / Aladean M. De Rose da City Attorney, A.T. AMD/cw CHERYL A. GREENE ANN-CAROL NAsu ANDREA L. BEACHKQFSKY LAWRENCE].METF.NER 3EFFRFY L.SANFORD Chapter 20.2, Nepotism Sec. I. This Charpter applies to all units. See. 2. All individual who is employed by a snit orr July 1,2012, is not subject to this chapter unless the indiN iclunl has a break in employment vvith the unit. The followjng ar-e not eonsiclec•ecI a break in employment'�yith the unit: (1) The individual is absent from the workplace while oil paid or unpaid leave. inclrrdirrg vaentiorr, sick, or family medical leas e,, or fiortcer•'s compensation. (2) The individual's emplovrrrentwith the unit is termirratecl folloevecl by imrrrediate reen.iplc.yment by the unit, without loss of payroll time. Sec. 3. For purposes of this chapter, the performance of'the duties , f: (1) a precinct election officer (ors defined if] 1C. 3-5-2-40.1) that are imposed by IC 3, or (2) a �ofunteer firefighter: is not considered enrployitlelrt by a unit, Sec. 4. As used ill this chapter, "direct line of supervision" nrcyans an elected officer or smmpi,wee who is in a position to affect the terms and Conditions of another individual's ernployrnent, including Making de.cisious arbon.f.work assiunmerrts, cornperrsaxion, grievances, advarrcerrreat, or, pefforrnnrrce evaluation. The term sloes not include the responsibilities of the esec,.1tive, [e�?tslatise body, or fiscal body of a unit, as provided by lays, to make decisions regarding salary ortlitrances, budgets, or personnel policies of the unit. Sec. 5. As used in this chapter, "e.rzrpioyed" means an individual who is employed by a unit oz, a full-time, Part-time' temporary, interrnitterrt, or bourly basis. The term does not include alt individual rvllo hoists only an elected office. The torn includes an incli,:idrrsl Ff ho is a I.)a,i� to tin enafsfoyment contract with the trait. See. 5. As used in this chapter, "member of the fire departnrelrt" nicans the fire chief or a firefighter appointed to the department. Sec. 7. As used in this chapter, "rnernber of the police departrrrent" rateans the policc cltief oT•a police ofr CCr• appointed to the department, Ste. 3. (ar) As used in this chapter, "redative" reams ally of'tl?e folloWing: i Red in, F FEXHIBIT w{ 9 j U NI Po (1)A spouse. (2)A parent or stepparent. (3) A child or stepchild, (11) A brother, sister,stepbrother, or stepsister. (5) A rrsece or' nephe'4i. (6) An aunt or- uncle, (7) A daughter-in-law or son-in-law. (b) For purposes of this section, ark adopted child of as individual is treated as a natural child of the individual. (c) For puz•1)ores of this section, the terms "brother" and "sister" include a brother or sister by tite }calf blood. Sec. 9. (a) This chapter establishes minimum requirements r•egurdina em r, of r elatia es. The legislative body of the unit shall adopt a policy that i.ticlurles, at a rnirrizrr uzn, tlae t ec{rrirerrrents set forth in this chapter. Hotisever, the policti! may. (1) include requirements that are more stringent or detailed than any provision it, this cl�a Ater; and (2) apply to individuals who are exempted or excluded from the application (rf this chripter. The unit may prohibit the employment ofa relative thaat is Trot otherlvise prolrillited b), this chapter. (b) The annual report filed by a anit with the state board of ccourzts arnclrr lC 5-11-13-1 must include a stntenient b1 the executive of the unit stating; whether the unit has irmplernentccl a polio', under- this chapter. Sec. 10. fridividuals irho are relatives may riot be emploverl by a unit in a position that results in one (1) relative being in the direct line of supervision of the other relative. Sec. 11. (a) !'Iris section applies to an individual yvfio: (1) is ernplOyed by a unit on the date the individuzai's relative begins serving a ter-171 ot'an elected Office of the unit; and (2) is not exempt from the application of this chapter under section 2 of this ehrrpter•, (b) L.nless a poficlr adopted under•section 9 of this chapter provides other•svise, an m(ll) iclrral remain ernploy'ed by at unk and Maintain the indkiduarl's positrfrn or r ink even if the individt b"s employment would vioi.tte section le of this charpter. (c) L nfess ,, policy adopted under section 9 of this chapter provides otherwise, an intlis idijal described in subsection (b) nloa not: (l) be promoted to a position; or (2) be prornoted to la ,position that is not within the merit ranks, in the erase of an rndrvidual n1lo r.5 a inember of a ruerit police dep2rtMeNt or rrrerR.fire department; if the new position would violate section 10 of this chapter-. Sec. 12. This chapter does not abrogate or affect an employmud contrract with a unit Chart: (1) an individual is a party to; and (2) is in effee.t oil the date (.Ire individual's relative begins servirah a terrni of an elected office of the aanit. Sec, 13. Unless the policy adopted under section 9 Of this chapter provider others ise, a sherif'f's spouse may be employed as prison matron fur the county under IC 35840, and the spn me may be in the sheriffs direct line of superviMon. Sec. 14. WAS the policy adopted Wder section 9 of this chapter- provides otherwise, an individual: (1)who served as coroner; (2) who is eu"entb ineUgiblc to serre as coroner under.A.rt Q G, SmNon 2(b) of the Corrstitirrion of ttre State of lndiaarr i; (3) who, its coroner, received certificadon under IC 36-2-14-22.3; and (4) whose successor in the Office ofcoroner is ar relative ofthe individual: mazy be hired in the position ofdeprrty Coro ner:ind be in the coroner's direct line ofs IT)erv,ision. Sec. I i. if the to3k•nship trustee's office is [acatcd in the toys aship trustee's personal mAdencc, unless the policy adopted trader section 9 of this chapter provides other•F�ise the to)-5 ns[rip trustee rrraN hire only one (1) enolq ee who is a reAtive. The employee: (l) irray be hired to as=o.r•k only in the township trustee's office: (2) may be irr the townshili trustee's direct line r,rf'super-vision; arrcl Il (3) nzay not nCcci'Ve total salal'}, beneItts, anti compeasotiota t,hz)t C;,ccC(I tlloosInd doIIaF'S (S-5,000)00) per year. Sec, 16. ;'�Jach elected officer of the traitsha€1 annoallp certifp in writing, subject to the penottics for perjury, that the officer has lot violated tlri,, chapter, An officer 813x11 sUbmit the cer-ti#icaltitirr to the executive A'the unit not later than December 31 ofeacli yeah. See. I". If the state board of accouzzfs finds that a azzlit has not implemented a policy under this chapter, the state board of accounts .shall l,or-ward the information to the dcpartrne.rrl- of local government finance. Sce... 1s. If a unit has not i€zip(emented a policy Under this Clay ter, the tlelmrtrzieni of heal government finance may not approve: (1) the unit's budget; or (2) any additional apprc3priations for the unit; for the ensuing calendar ye.rr until the state hoard OfACCOUnts certifies to thte department of iocaal glovernment finance that the unit is in compliance with this ehtrlrter. Chapter 2T. Contracting 'With a Unit Sec. I. This chapter applies only to a uatit. Sec:. 2. As used ill this chapter, "elected official" mearls: (X) the executive or a member of the executive body of the unit, (') a member of'the legislative body of the utr:it; or (3) a member-of the fiscal bode of the trait, See.3. (a) As used in this chapter, "relative" nxeans ara� of the following: (I)A spouse. (Z) A pGrrent or stepptirent. (3) A child or stepchild. (4) A brother, sister, stepbrother, or stepsister. (3) A niece or aaephew. (fi) An aunt or uncle. I UN MMJ 5 EXHIBIT Mkt [41 FYBII (7) A, daughter-lrr-law or son-in-la}r. (b) For purposes oft ii is section, an aclopted child of an indiv.idual is treated as a uaturaI chile] of the individaal. (c) For purposes of this section, tie terms "brother" and "sister" include a brother or sister by the hWf blood. `sec. 4. (a) This chapter e5tal lishes rniniznual recluirernent,s regarding corttrLtctirrg 4rith =, mO. This le;iAtiv'e body of the unit shall adopt a policy that includes, at a MiGnum, the requirements set forth is this chapter. However, the policy Wray: (1) include reyuirernerits that are more stringent or detailed than any provision in this chapter; and (I apply to individuals who are exempted or excluded from the applicatio n ofthis chapter. '.f'he unit may prohibit or restrict an individual frorn entering into a Contract r4 jo the unit that is not oth.envise prohibited or restricted by this chapter. (b) The annual r'epor't flat by a unit rvirh the We board of accounts render IC' 5A 1-J3-1 mt,st include a statement by the eyemitive of the unit Stating whether the unit has ifnplenicntcd a ;�olic.ti under this chapter. Sec. 5. (a) A Ouit may enter into a contract or reuew a contract for tile procure.rtre.rtt of goods and services o,,, cor€tract for public wades with: (Z) an indh idual who is a relative of an elected of`tzcial; or (2) a business entity timt is wholly or partAlly owned by a relative of an elected off CAf: Only Me reciccAments of this section are MOM and the elected Ofli NI clues not Qlate JC 35- 44-z-3. (b) A unit nzuy enter into a contract or renew a contract Stith an indjl idual or business entilf described in subsection (a) if: (f) the elected official files with the unit a full disclosure, which must: (A) be in writing; (f3) describe the contract or purchIIse to be made by the unit; (C) describe the relationship that the elected offictal has to the individual or business entity that contracts or.purchases; 13 A be affirriled under perl2lt4• of perjvj}y; (E) be subinitted to ille legislative hotly of,tile 11.011 11.1,1 be accepted by the Ieyislative bncly in a public inert-Ins of the unit prior to f"'nal action on the t:ontrart or purchase: and (F) be filed, not litter than fi#'teen (15) days after#irtal rtction on the contract or pu rcfrri,� (i) the state hoar'cl of accounts; and (ii) the clerk of the circuit court in the count,} "llerc tlrc unit takes fin2I ..ction on tlrc eorririwt or Purchase; (2) the appropriate at;eney of the suit: (A) makes a certified statelnent that the contract. anrolrnt or purchase Brice was tits 1MVest nalount or price bid or offered, or (B) nlalce.s a eerdfied statement Of'tile reasons why the vendor or conlraicttar was seleetecl; rind (3) the [tint satisfies any other requirements tinder fC 5-22 or IC: 36-1-12. (c) An elected official shall also comply with the disclosure provisions of IC 35-44-1-3, if applicable. (tl) This section floes not affect the itlitiai terra of a contract in existence at tine tilne the terin of office of thc�-clectcd official of the at it begins. Sec. 6. Each elected r_rfficer of,(lie unit shall annually certify in cvr-ithI ;, subject to the penalties for- per°jirr-y, that thG officer is in cuav�Iiance with this chapter. An nf'ficer shrill sul?rnit thc: cer tifiratiun to the executive of'tile unit not later theta Deceniber 31 of each year. See. 7. If fhcs state board of acs aunts finc:ls that at unit IralS Dist implerrreirted a rind r this chapter, the state board of Recotrtlts sttatli forward the hiforrnattiorr to rile cleltar trtterrt c,.t lnc;ti government finarlee. See. S. MI. unit hai not implemented a policy under this chapter, the departrrrent of'local government finance ittay, not approve: (1) the unit's budget; or (2) any additional appropriations for the unit; for the ensuing calendar year until the state board of�tcccrrxar.is certffiec to t.lre cleltartrrtet�t nf'laczi governrrletrt fitlarice than the unit has adopted a policy widel- this c)iapCer. 14 U TFRu P CK CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR Iled, in cfsn4k, January 1,2012 ,SUN' rj U� J, N , City of South Bend Ethics Code CITYCLF',� ', This executive order hereby establishes an Ethics Code for the City of South Bend, Indiana, which will ensure that the residents of the city have officers, appointees, and employees adhering to an ethical standard that is consistent, transparent, understood, and most importantly, followed,in the mayor's office and in the departments and agencies throughout the city.New city employees are expected to read and acknowledge this code during the hiring process. 1. An appointee or employee shall not knowingly solicit, accept, or receive a gift, favor, service, entertainment, food, drink, travel expense, or registration fee from a person who has a business relationship or seeks a business relationship with the appointee's or employee's agency or depart irent or is seeking to influence an action by the appointee.or employee in his or her official capacity. 2. Notwithstanding section (1), an appointee or employee may accept: a. Any gift, favor, service, entertainment, food, drink,travel expense or registration fee that has a value of less than twenty-five dollars ($25.00),provided that the appointee or employee does not knowingly solicit, accept, or receive gifts,favors, services, entertainment, food, drink,travel expenses or registration fees from the same person or his or her employer that have a cumulative value of more than one hundred dollars ($100.00) in any calendar year. 1400 COUNTY-CITY BUILDING•227 W JEFFERSON BOULEVARD•SOUTH BEND,INDIANA 46601 PHONE 574/23S-9261. FAx 574/235-9892 b EXHIB17T f.7D 49 Ircyl b. Gifts,favors, services, entertainment, food, drink, travel expenses or registration fees from public agencies or public institutions; however, such gifts, favors, services, entertainment, food, drink, travel expense, or registration fees shall be utilized for the benefit of the city, and not solely for the benefit of one's self or relatives; c. Mementos or souvenirs with a cumulative value of$25.00 or less; d. Food or drink consumed at a public meeting to which at least ten(10) individuals are invited; a meeting will be considered public if J. The event is a reception to which at least ten(10)individuals are invited or other gathering that is not arranged to solicit government procurement of goods or services from anyone who holds a public office at the federal, state, or local level; ii. The appointee or employee is giving a speech or participating in a presentation in his or her official capacity; or iii. The meeting has a formal'educational program that the appointee or employee is attending to assist him or'her in performing official duties; e. Food, drink, entertainment, travel expenses, or registration fees accepted in ,... furtherance of activities to benefit the city or region related to an econornic development effort, including job retention, expansion or attraction, reduction of blight, and securing convention and visitor business, approved in advance by the mayor or his or her director of economic development; f. Gifts, favors, services, entertainment,food, or drinks from relatives, or a person' with whom the individual has an ongoing social relationship that existed before the appointee or employee was appointed or employed by the agency, so long as: L The gifts or other itemsofvalue are paid for personally by the giver, . rather than a business entity, and not deducted as a business expense; and ii. The giver is not seeking to influence action or inaction by the individual in that person's official capacity; g. Property accepted as a gift to the city or county and logged by the corporation counsel; and h. Any item of value for which face value or reasonable fair market value is promptly paid and for which a record of the transaction is filed with the corporation counsel. i. The corporation counsel may waive application of subsection (a) of this rule in individual cases when consistent with the public interest. The waiver shall be in writing, shall be made available to the public, and include: i. The name of the appointee or employee; ii. The nature and estimated value of that which is being provided; Hi. The name of any person who paid a portion of that which is being provided; and iv. An explanation of why acceptance is consisterifwith the public interest. 3. The chief administrative officer of an agency or department, appointees, and employees with final purchasing authority shall not solicit political contributions froha persons with a business relationship with his or her agency on behalf of any candidate for elected office. 4. Any civilian full-time city employee who is considering entering an agreement to work or consult, in addition to his or her cityermploymmt,for financial compensation will seek approval from corporation counsel prior to entering into a financial agreement. If _corporation counsel determines that the additional work would not be a conflict of interest, he or she will issue a letter to this effect and maintain a record o' f the name of the person or business corr7pensating the employee, and the annual amount paid. 5. An appointee or employee may not solicit or receive compensation: a. For the sale or lease of any property or service to a person with a business relationship with the appointee or employee or an official's, appointee's, or employee's agency or department that substantially exceeds the amount that the official, appointee, or employee would charge in the ordinary course of business; or b. For the performance of official duties other than as provided by law. 6. An appointee, employee, former appointee, or former employee shall not disclose or materially benefit from confidential information, as defined in Section 7 below, and shall use such confidential information only in the course of his or her performance of official responsibilities. 7. For purposes of this Code of Ethics, "confidential information"includes any and all data and information, whether in written,electronic or spoken form, to which an appointee, employee or official has access by reason of his or her employment and which is not generally known to or readily ascertainable by others or otherwise subject to public access or disclosure by law. Any and ail records, copies of records,and other property (including, but not limited to a-mails and electronic records) containing such confidential information are and shall remain the property of the City of South Bend and must be returned promptly to the applicable agency or department of the City upon any termination of appointment, employment or engagement of the appointee, employee or official. 8. For the purposes of this Code of Ethics, "relative"means any person related as grandfather, grandmother, father,mother, stepfather, stepmother; Brother, sister, stepbrother, stepsister, uncle,aunt,husband, wife, son, daughter, stepchild, father-in-law, mother-in-law, son-in-law, daughter-in-Iaw, grandchild, stepgrandchild,niece, or nephew. 9. An official;appointee, or employee;or a member of an official's, appointee's, or employee's immediate family, may not knowingly have a financial interest in a contract .made by that official's, appointee's,`or employee's agency. This prohibition does not apply to: a. An official, appointee, or employee who does not participate in or have official responsibility for any of the activities of the contracting agency, if: L The contract is made after public notice or, where applicable,through competitive bidding; I . The official, appointee,or employee files with the office of corporation counsel a statement making full disclosure of all related financial interests in the contract; iii. The contract can be performed without compromising the performance of the official duties and responsibilities of the official, appointee, or employee; and iv, In the case of a contract for professional services,the chief administrative officer of the contracting agency makes and files a written certification with the office of corporation counsel that no other official, appointee, or employee of that agency is available to perform those services as part of his or her regular duties; or b. An official, appointee, or employee who, acting in good faith., learns of an actual or prospective violation of the prohibition in subsection(a), provided that, not later than thirty(3 0)days after learning of the actual or prospective violation,the official, appointee, or employee makes a full written disclosure of any financial interests to the contracting agency and the office of corporation counsel, and terminates the financial interest 10.A relative of an official or employee shall not be employed in the same agency as the official or employee, if the relative would be hired by, supervised by,or directly supervise the official or employee; however, this section shall not apply to sworn members of the police or fire departments. This section will not be construed to nullify employment decisions made before January 1, 2012. 11, This code of ethics will apply to the m' ay'or as well as to appointees and employees. Approved and signed by me on the 1 day of January,2012,at 611" o'clock Mayor, City,of Sout end, Indiana CITY CLE-4V Attest: Cler , C ty of South Bend, Indiana,