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OFFICE OF THE CITY CLERK
KAREEMAH FOWLER, CITY CLERK
HEALTH &PUBLIC SAFETY DECEMBER 10, 2018 4:59 P.M.
Committee Members Present: Jo M. Broden, John Voorde, Karen White, Oliver Davis,
Genevieve Miller(citizen member)
Committee Members Absent: None
Other Council Present: Tim Scott,Jake Teshka, Gavin Ferlic, Regina Williams-
Preston, Sharon L. McBride
Other Council Absent: None
Others Present: Kareemah Fowler, Bianca Tirado, Graham Sparks, Bob
Palmer
Presenters: Oliver Davis, Bob Palmer
Agenda: Bill No. 18-74- Weather Amnesty Resolution
Committee Chair Jo M. Broden called to order the Health and Public Safety Committee meeting
at 4:59 p.m. She introduced members of the Committee and proceeded to give the floor to the
presenters.
Bill No. 18-74- Weather Amnesty Resolution
Councilmember Oliver Davis, 1801 Nash Street, stated, On the note that was sent, there was a
substitute given the overlapping emails. Councilmember McBride also wanted to be a co-sponsor
on that. You've seen the dialogue we've had. A Resolution of the Common Council of the City of
South Bend, Indiana calling for continued provision of temporary shelter and protection from
severe weather conditions in the City of South Bend, Indiana. I would like for our attorney to
please talk about the substitute bill we are hearing today.
Council Attorney Bob Palmer, offices located on the 4th floor of the County-City Building, stated,
The substitute bill included some suggestions made by the Administration and by other Council
Members. It actually goes into more detail than the original bill did. It fleshes it out a little bit. It
defines the Gateway Center that is included in the resolution. It provides and makes certain for a
weather amnesty shelter to open next year by November 1. It also requires that if a Gateway Center
is not operational by November 1 that all permitting, licensing and such requirements will take
place long before November 1 and actually no later than October 1. That is to make sure we don't
have the problem we have this year of the State Fire Marshall not approving something in time for
the cold weather.
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Councilmember Davis stated, So I think those were the key changes. Do you want to share a word
on Emergency Management?
Council Attorney Palmer stated, The original resolution called for the City to provide the criteria
for declaring Weather Amnesty. One (1) of the suggestions from the Administration is that be
more properly with Emergency Management. The Council and everyone in this proposed draft has
agreed with it as it more specifically defines and sets criteria for weather amnesty.
Councilmember Davis stated, Ok. And the resolution that was read into the record a few weeks
ago for the call to action is still the same thing that we should be calling together in the beginning
of the year. Representatives of local government including the City of South Bend, the City of
Mishawaka, the St. Joseph County Council, the Commissioners, public schools and all of these
different entities need to come together as we move forward. I still think that the burden of this
shouldn't be just on the shoulders of the City of South Bend. Currently, given the fact like I have
shared many times before, when our local Madison Center went out of operation, a lot of these
things and activities had not been completely resolved at that time so we need to look at it. That
was St. Joseph County's issue and yet we need to have a call to action. We've talked about it at
prior times to help our other cities be involved. So, this again helps to re-inform that part. I think
from that, we put some responsibility on Emergency Management. We've looked at the changes
the Administration has shared with us in emails and we have understood the need. I'm glad it's
open now but we all have discussed these numerous times over the past weeks and months.
Council Attorney Palmer stated, Just to clarify, this substitute bill has not yet been filed. It is
subject to discussion,here, and whatever the Council comes up with, if it does, it will be filed yet
tonight and voted on by the Council in the full meeting tonight.
Councilmember Davis handed out copies of the substitute version to Council Members and
members of the media.
Committee Chair Broden stated, Thank you for some of these changes. In section three (3), there
is a date of no later than October 1 tagged as a beginning of process. I'm thinking that is not far
enough in advance in terms of process and past practice. I would suggest changing that to August
or September because I think what is important here is that if we fail to hit this mark as a
community, then the burden of having these facilities is elsewhere. I want to make sure that if we
are starting the process that it accommodates not only local permitting pieces required but also the
State ones with the Fire Marshall.
Councilmember Davis replied, I'm open to that. That is one(1)reason why I think we need to start
while we have snow on the ground and it is cold so we won't run into an October rushed date.
Committee Chair Broden followed up, I'm just suggesting something earlier. I don't know what
past practice would suggest and whether August or September would be sufficient enough.
Councilmember Davis replied, I don't have a hard fast date in terms of that but I think we could
put that in so it is better to recognize that.
Committee Chair Broden continued, And then my second(2nd) comment is about section five(5).
So the last sentence, I think, it says thereafter to plan facilities. I would hope we are looking at
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CITY OF SOUTH BEND OFFICE OF THE CLERK
more than just facilities. I mean that is one (1) of the possibilities but I think one (1) of our
outcomes, maybe a more inclusive term would be services, in my opinion.
Councilmember Davis interjected, I would rather that, too. I'm ok.
Committee Chair Broden followed up, And if you continue in that same sentence, I think we need
to strike out that period after for homeless populations and maybe put a comma.
Councilmember Davis interjected, I see.
Committee Chair Broden continued, And then my last thoughts, I just want to make sure that as a
Committee, first (1st), as a Council and then with the Administration that we all feel comfortable
having looked at this document and had a chance to amend it.
Councilmember Davis stated, I see the issue of services as a particular agreement because it is
more than just funding a place. The comma is corrected. The only issue that we would have, if
there are any suggestions I have, does anybody have suggestions other than October 1?
Councilmember Tim Scott stated, For some reason when all this was going, I had the idea of
August in my head. One (1) of the things we thought about, and it came up here, was actually
having a location. I know Mr. Matthews stepped up to the plate but there were concerns with that.
One (1) thing I stated during comments was I want it close to services but it might not be in the
same location. Who knows with the transition of the trailers and that whole housing issue, it could
be somewhere else. There was a lot of conversation, especially in Councilmember McBride's
neighborhood about where this was going to be located. Those meetings were in September and I
think that kind of pushed the wall, too. I'm thinking August would be a better date. And honestly,
I think it's good to have people starting awareness when it is still warmer.
Committeemember John Voorde stated, I would make that motion.
Councilmember Sharon L.McBride asked,Historically,despite the winter starting earlier,weather
amnesty opened December 1 instead of November 1, correct? Was it always November 1? I
thought it was December 1 but I thought due to the strange weather,the last year or two(2)it went
to November 1. I just wanted to make sure. I believe that was one(1)of the concerns or comments
that I had. I think working and partnering with the Administration is great but also I didn't know
the knowledge until I started having these meetings. I heard a lot of the negative feedback which
we should definitely do something about. Of course. But I just wanted to make sure. I thought it
began December 1 but it moved up that last year.
Councilmember Davis interjected,My issue is that the last couple of years,we have said we would
target people in the community.
Councilmember McBride followed up, No, I'm wholeheartedly for it. I just wanted to make sure
because, like I said, people need to have the right information out. Some people I know, and even
my neighborhood, they have said it started December 1'so I guess just for clarification. I'm down
with November 1St,but I just wanted to make sure, for the record,that I believe it started December
1St but because of the unusual weather, it was pushed up, which I'm totally in agreement with, but
I wanted to follow up with that.
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Committee Chair Broden then opened the floor to members of the public wishing to speak in favor
of or in opposition to the legislation.
James Mueller, Executive Director of Community Investment with offices located on the 14th floor
of the County-City Building, stated,We appreciate Council taking a look at some of our clarifying
amendments and I think they were all taken. The ones offered right now we can support. We
certainly support August, and perhaps even earlier. We need to remember that the plan is still
trying to get the Intake Center and permanent supportive housing so we don't need all of these
weather amnesty services. So, if we are able to do that, some of this becomes moot. The other
important thing to remember is that the City doesn't directly run any of these weather amnesty
services. So, we depend on partnerships and it is a give and take with our partners of when they're
going to open and when they want to open or when they plan to open. We understand that if we
are providing funding for weather amnesty, we will shoot for the November 1 deadline but know
that the service providers,themselves,it is a give and take that we don't have control or jurisdiction
over. Thank you.
Committee Chair Broden stated, Maybe, perhaps June 1 would be a good date. When you think
about timing of non-profits. We could also accommodate budget changes within the City of South
Bend and our process. I think that would give everybody, I would hope, adequate time to hit the
marks. Then perhaps in the last paragraph there, I think we have to include additional language.
We are trying to have, with this amendment, a fall back. Not just for homeless individuals but
earlier in our piece we talked about weather related emergency solutions. There could be and will
be events that will not necessarily make people homeless but that we might need to accommodate
solutions for. Things that are not weather related. So that is as many amendments as I would
suggest.
Councilmember Davis stated, I'm good. I like the June 1 date. We've scratched out facilities and
changed it to services, and we want to add in solutions to help resolve housing instability. Housing
instability is what they're calling it. We'll pass those out tonight.
Committeemember Karen White made motion to accept the Substitute version of Bill No. 18-74.
Committeemember Genevieve Miller seconded this motion which carried by a voice vote of five
(5) ayes.
Committeemember White then made motion to send Substitute Bill No. 18-74 to the full Council
with a favorable recommendation. Committeemember Miller seconded this motion which carried
by a voice vote of five (5) ayes.
With no further business, Committee Chair Broden adjourned the Health and Public Safety
Committee at 5:16 p.m.
Respectfully Submitted,
J� . Broden, Committee Chair
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