HomeMy WebLinkAbout01-14-19 Council Minutes REPORT OF SUB-COMMITTEE ON MINUTES
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
THE SUB-COMMITTEE HAS INSPECTED THE MINUTES OF THE
January 14,2019
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE,WE RECOMMEND TH . • PPROVED:
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APPROVED BY THE COMMON COUNCIL ON: January 28, 2019
ATTEST: / 4
• REEMAH FOW .ER, CITY CLERK
REGULAR MEETING January 14, 2019
Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council
Chambers of the County-City Building on Monday, January 14th, 2019 at 7:00 p.m. The meeting
was called to order by Council President Tim Scott and the Invocation (Matthew Wesaw,
Chairman of the Pokagon Band of Potawatomi) and Pledge to the Flag were given.
ROLL CALL
COUNCIL MEMBERS PRESENT:
Tim Scott 1st District, President
Regina Williams-Preston 2nd District
Sharon L. McBride 3rd District
Jo M. Broden 4th District
Jake Teshka 5th District
Oliver J. Davis 6th District
John Voorde At-Large, Chairperson Committee of the Whole
Gavin Ferlic At-Large
Karen L. White At-Large, Vice President
OTHERS PRESENT:
Kareemah Fowler City Clerk
Jennifer Coffman Chief Deputy Clerk
Bianca Tirado Deputy Clerk
Graham Sparks Clerk Executive Assistant
Bob Palmer Council Attorney
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Councilmember Karen White made a motion that the minutes of the December 10th, 2018 and
January 7th, 2019 meetings of the Council be accepted and placed on file. Councilmember Oliver
Davis seconded the motion which carried by a voice vote of nine(9) ayes.
Council President Tim Scott stated, I would like to thank former Vice-President Oliver Davis for
his service to the Common Council as Vice-President for three (3) years. Thank you so much. I
would also like to thank Councilmember Gavin Ferlic for his commitment to Chairperson of the
Whole for that time as well. Thank you, sir. I would like to recognize Vice-President Karen White
in her new role and Chairperson of the Whole, John Voorde. Thank you.
SPECIAL BUSINESS
MOTION REGARDING SOUTH BEND COMMON COUNCIL V. SOUTH BEND CITY
ADMINISTRATION ST. JOSEPH SUPERIOR COURT NO. 71D07-1209-MI-000159
Councilmember Jo M. Broden stated, The public record of the St. Joseph Superior Court
establishes that the remaining parties in the South Bend Common Council v. South Bend City
Administration St. Joseph Superior Court, Docket Number 71D07-1209-MI-000159 are ordered
to complete mediation on or before December 31St,2018.The parties have complied with the order.
Under the rules of the Indiana Supreme Court, mediation sessions shall be confidential, and the
confidentiality of mediation cannot be waved. Under the Indiana Open Door Laws, the Common
Council can either accept or reject any mediation proposal only at a public meeting and by a
majority vote. Because existence and or terms of any proposed mediation settlement are
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REGULAR MEETING January 14, 2019
confidential,but the Council vote on acceptance or rejection of any proposed mediation settlement,
must be made at a public meeting.
Councilmember Jo M. Broden made a motion to reject any settlement agreement that may have
been proposed at mediation in order to complete the public record on the Court's order to mediate.
Councilmember Jake Teshka seconded this motion which carried by a roll call vote of nine (9)
ayes.
BILL NO.
19-02 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
CALLING FOR THE ENACTMENT OF
LEGISLATION ADDRESSING HATE CRIMES
IN THE STATE OF INDIANA
Councilmember Jo M. Broden,201 West North Shore Drive, South Bend, IN,served as a presenter
for this bill. Councilmember Jo M. Broden stated, I would like to make some preliminary remarks
before I read the resolution into the record. First(1St)and foremost,with regards to this Resolution,
my cosponsor Councilmember John Voorde and I would like to recognize the efforts of Marzy
Bauer and Bob Feferman, who approached us initially with this idea for a Council resolution and
to do it in a timely manner as the General Assembly is kicking off their legislative year. We would
also like to recognize, and in their role of inviting us to put together this resolution, they also
provided us with outstanding sample documents. We had the assistance of our Attorney Bob
Palmer who reviewed those extensively with us and made terrific recommendations, as well as
Bianca Tirado our Deputy Clerk. We want to thank you two (2) both, specifically, for your
assistance in crafting what is before us. With regard to the Administration, I don't know if she is
here or not but I would like to give a shout out to Christina Brooks,our Diversity Inclusion Officer,
for her work in reviewing this legislation but also in her work that she does three hundred sixty-
five (365) days a year that really makes our City a model with regard to some of these issues we
are going to be addressing by way of this resolution.
Councilmember Jo M. Broden continued, We in fact do lead in the State of Indiana in terms of our
policies and the direction that we have been going. That really has been guided by, I think, an
outstanding leader in Mayor Pete. I would also like to thank his office and the coordination of
schedule and his presence here tonight to address this. And then I think,really, you know, how do
you say most especially, exclamation mark? There are members who have served in the General
Assembly, current and former members, who have been on this issue for over twenty (20) years.
Two (2) decades of work has preceded what we are presenting tonight, and I think that is really
fair to say. In terms of leadership on that issue, I do want to recognize the members of the Black
Caucus in both the House and the Senate. We are standing on their shoulders tonight and I am
particularly grateful for their leadership, tenacity and endurance. Two (2) decades is a long time
and I am hoping we are on the cusp of passing this this year.
Councilmember Jo M. Broden went on, So that is a little bit of origin information for you, I would
like to quickly highlight and I don't want to stand in the way of the document as it is very extensive
and it speaks for itself, but I do want to highlight some content points before my fellow cosponsor
and I read it into the record. We are looking for clear-cut guidelines that will be set in our criminal
code with passage of this legislation within the General Assembly this year. Most especially is
inclusionary and comprehensive language. I will let those two (2)points,as we read the document,
hopefully, stand out. The last point I want to hit is where this goes from here. You will see within
the document itself, we will be asking our Clerk's Office to transmit this to all Indiana State
Legislators and not just our representatives. There already have been bills proposed both in the
House and Senate and you can track that online, of course. We want to make sure that this will
stand as a poke, a flag, a wave, an exclamation, we are up here, and we are tracking this on the
behalf of the City of South Bend and St. Joseph County. We want this done and want it done this
year. That is going to be delivered to all of the legislator's email boxes. I know there are some
members in the audience tonight and even Council Members who will be making their way down
to the State House as part of their prerogative to speak on important issues.
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REGULAR MEETING January 14, 2019
Councilmember Jo M. Broden continued, We are considering this an open source document as
well. As it goes live and is signed by the Mayor, other Boards, Commissions and elected bodies
whether it is our neighbors in Mishawaka or the County Council, take this document and run with
it. Take this document as an individual on behalf of your neighbor, your neighborhood and City.
Take this document to read it and be familiar with it. Then the last piece I want to emphasize is
that if citizens regret not being available tonight or were not even aware of tonight's resolution,
that can happen over the holidays and our busy lives, but this is only the beginning. We are really
only in the early phase of the legislative process. They just convened, for those who aren't aware.
A key date is February 26th as that is the crossover. So, anything that originates in the Senate has
to go to the House and anything that originates in the House goes to the Senate and they work out
the compromise in between. We have about a month is what I want to frame this as kind of a go-
time for anyone who is tracking and following this issue and wants to passionately advocate for it.
I hope by what is known as sine die,the very last day of a legislative session is April 29th,we have
something to truly celebrate by the time that hits and this legislation comes around. So, I told you
I wouldn't get in the way of it, but I thought there were some important points to hit and we have
several individuals tonight who will speak to this. Thank you.
Councilmember John Voorde, 1029 Clermont Drive, South Bend, IN,served as a presenter for this
bill. Councilmember John Voorde stated, A Resolution of the Common Council of the City of
South Bend, Indiana, calling for the enactment of legislation addressing hate crimes in the State of
Indiana. Whereas, the City of South Bend is proud of, and celebrates, the diversity of its citizens;
and it is a priority for our community to welcome and promote diversity among its citizens,visitors,
and businesses; and, Whereas, the South Bend Common Council desires to publicly declare its
condemnation of discrimination in any form and to encourage people of varying and diverse
backgrounds to call South Bend in St.Joseph County within the broader South Bend Elkhart region
in the State of Indiana their home; and, Whereas, by definition, hate crimes cause damage more
extensive than the suffering of the specific victim, because they serve to terrorize entire groups of
people. Therefore, the terror associated with hatefully motivated speech, actions, and/or crimes
targeting groups based on characteristics that include, but are not limited to, religion, national
origin or ancestry, citizenship status, color, race, age, sex, gender identity, sexual orientation,
disability, medical condition, status as a public safety official or service in the armed forces of the
United States, or association with any recognizable group or affiliation, or similar factors is such
that these crimes should be addressed specifically in Indiana's criminal code; and, Whereas, forty-
five (45) states and the District of Columbia have enacted hate crime legislation, and Indiana is
one(1)of only five(5)states in the United States that does not have such legislation;and,Whereas,
being one(1) of only five (5) states without such legislation diminishes the reputation of the State
of Indiana in general, along with the reputations of each of its political subdivisions, damaging the
ability to attract and retain the best individuals,businesses, and workforce to reside in and enhance
our state.
Councilmember Jo M. Broden stated,And,Whereas, state-wide legislation addressing hate crimes
will promote a welcoming and safe environment for every resident and visitor of our state,allowing
Indiana to signal its commitment to diversity and freedom through the advanced protections and
increased penalties associated with comprehensive hate crime legislation;and,Whereas,the South
Bend Common Council maintains that the future success of South Bend and its surrounding cities
and towns depends upon promoting a secure, safe, and diverse environment for all residents and
visitors, free of the fear associated with hatefully motivated speech, actions, and/or crimes; and,
Whereas, the South Bend Common Council desires to join with the legislative bodies of other
cities and towns who have already passed, or will soon pass, resolutions in support of enacting
state-wide legislation addressing hate crimes; and wishes to align with the growing number of over
seven-hundred (700) plus businesses, not-for-profits, educational institutions, and faith
communities across Indiana calling for this needed change; and, Whereas; the South Bend
Common Council agrees with Indiana Governor Eric Holcomb who has stated that "No law can
stop evil,but we should be clear that our state stands with the victims, and their voices will not be
silenced. . . it is my intent that we get something done this next legislative session, so Indiana can
be one (1) of forty-six (46) states with hate crimes legislation- and not one (1) of five (5) without
it"; and, Whereas, the purpose of this Resolution is to express the policy and/or intent of the
Common Council.
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REGULAR MEETING January 14, 2019
Councilmember Jo M. Broden continued,Now,Therefore,be it resolved,by the Common Council
of the City of South Bend, Indiana, as follows: Section One(I) The South Bend Common Council
supports the need for clear, inclusionary, and comprehensive state-wide hate crime legislation and
urges the Indiana General Assembly to pass such legislation in the 2019 legislative session. Section
Two (II) The Clerk of the City of South Bend is directed to cause this resolution to be delivered to
all members of the Indiana General Assembly and Governor Holcomb upon passage. Section
Three (III) The Mayor of South Bend is invited to join in this resolution by affixing his signature
hereto.
Councilmember Jo M. Broden went on, We do also have a couple of letters that we would like to
read into and include in the public record.
Councilmember John Voorde stated, The first (1st) one (1) is from the Neighborhood Resource
Connection. Dear Members of the South Bend Common Council, On behalf of the Board of
Directors of the Neighborhood Resource Connection, we are writing this letter to express NRC's
unanimous support of resolution 19-02 calling for the enactment of legislation addressing hate
crimes in the state of Indiana. We believe it is time to join the other forty-five (45) states which
already passed hate crimes laws. According to the FBI, over five hundred(500)biased/hate crimes
were reported by Indiana cities, towns, and universities from 2008 to 2016. The true number is
likely higher since many major cities failed to report incidents for several years because reporting
isn't mandatory. In 2016,Jodie Henderson,an Afghanistan war veteran,was found beaten to death
and lying in the street in a South Bend neighborhood. The motivation for the murder, Mr.
Henderson was gay. The crime was murder,but the motivation was hate for his sexual orientation.
These crimes have the power to send threatening and intimidating messages to entire communities
of people, residents of our neighborhoods and City. We believe this is much needed legislation,
but yet there is still resistance in the state legislature, as evidenced by the January 2nd South Bend
Tribune viewpoint,"Can Thoughts be a Crime?"submitted by four(4)of our state representatives.
Their misunderstanding and, therefore, misrepresentation of hate crimes legislation is quite
troubling. We commend the Common Council for taking action on this critically important action.
Signed respectfully, Diana Hess the Executive Director and Keya Young the Board President.
Councilmember Jo M. Broden stated, Thank you John. We all interface with the Director and the
neighborhoods that associate with the Neighborhood Resource Center, so we thought that was
important to share with you all as peer-elects on the Council. Pivoting off that, I also would like
to enter into the public record and I will not read this,but it will be available online. It is a counter-
viewpoint,if you would,by Patrick Pierce a professor at St. Mary's College. He wrote a viewpoint
Saturday, January 12th that appeared in the South Bend Tribune titled "Talk responsibly on bias
crime laws." I would like to enter that into the record as an opportunity for members of the public
and Council Members' reference. It is an excellent counter viewpoint in our estimation. (The
article is available in the flat file of Resolution 4707 which is available in the City Clerk's Office)
Councilmember Jo M.Broden continued,The last piece,and this is only three(3)short paragraphs,
but we've been having people reach out to us already in support and there have already been letters
and things sent down to the General Assembly. One (1), I would like to bring forward as the
representative of the Fourth (4th) District, specifically a letter that was brought to my attention by
my neighbors to the north. Both the University of Notre Dame and St. Mary's College as well as
other University College Presidents have signed a joint letter that is,as I said,being communicated
to the General Assembly. I would like to actually read this because I think there are some
significant points in it for our consideration as a community. So,this letter was crafted by Dr. Mark
McCoy, he is the President of DePaul University. I would like to read it,please, into the record.
Councilmember Jo M. Broden quoted, As presidents of colleges and universities in the great state
of Indiana, we write in support of strong hate crime legislation, and join regional business groups
who call for laws which would authorize judges"to enhance penalties against criminals who harm
others based on their disability,race,religion, sex, sexual orientation or gender identity."We stand
with Governor Holcomb when he says,"No law can stop evil,but we should be clear that our state
stands with the victims, and their voices will not be silenced. For that reason, it is my intent that
Indiana be one (1) of forty-six (46) states with hate crimes legislation- not one (1) of five (5)
without it." We call upon our elected representatives to act now in support of all Hoosiers,
regardless of appearance,location,orientations or religious beliefs. Indiana is home to some of the
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REGULAR MEETING January 14, 2019
nation's most respected colleges and universities and is a state with wonderful assets and a
welcoming spirit. This is a powerful opportunity to make certain that our students and citizens are
afforded the same protections they are in all but five(5)other states. The years a student spends in
college are important and impactful.Young people from across the state, the nation and the world
come to our campuses to live and learn, and to understand more about how to live in an
increasingly complex and diverse world. It is our job as college presidents to ensure that we create
a fertile environment for those lessons to take root. It is our responsibility to make certain that each
student feels welcomed, wanted, and able to do their best work. The very future of our country
depends upon this effort. We commend the governor for his stand and join him in calling on the
Indiana General Assembly to enact hate crimes legislation for the good of all Hoosiers.
Councilmember Jo M. Broden continued, It is my understanding that not only the Association of
Private Universities and Colleges but also our Public Institutions, statewide,have also signed onto
this letter. That will close our presentation.
Council President Tim Scott then opened the floor to questions and comments from Council
Members.
Councilmember Regina Williams-Preston stated, I just want to, again, thank you for your
leadership in bringing this forward. It is much needed, and I look forward to supporting any
continued advocacy to bring this statewide.
Councilmember Sharon L. McBride stated, It is indeed a privilege to be a part of such a movement
for the City Council to take a stand to push for the stopping of hate crimes in the State of Indiana.
I am very proud and pleased for you,Councilmember Broden and Councilmember Voorde,to take
the lead. I continue to look forward to the progression of what is happening in the State of Indiana.
Thank you so much for this,profoundly.
Councilmember Jake Teshka stated, Thank you for bringing this tonight. It is an issue that, as
Councilmember Broden pointed out, has had a lot of work done already. A lot of discussion has
been had. I've had a lot of conversations over the last couple of weeks about this. A lot of folks
I've talked with are not in favor. I asked for some sound arguments and at the core, I think,we can
all agree that a crime that is motivated by the fact that someone is different than you is more
heinous than a crime that is simply motivated out of opportunity or something like that. Tagging
the wall of a building is different from spray painting a swastika on a synagogue. We all
instinctively know that. Thank you for bringing this and I look forward to supporting it.
Councilmember Oliver Davis stated, Thank you for, again, leading this charge. On the eve of Dr.
King's official birthday, which is tomorrow, I think it's highly appropriate that we vote on this
tonight. This is something to send a message to our state legislators. Sometimes in the past it
seemed like it was going to pass at the State level but then somebody brought up some interesting
idea and it failed. It is my hope that this year it will take place in the State because it is high time
that Indiana joins. When Mississippi and Alabama and some of the other southern states have
already approved and passed this, it's embarrassing that the State of Indiana has not done that.
People talk about those states and they have done their share of crimes and history has recorded
that. But Indiana also has its own challenges and issues from when those things have started. I
think this is a way where we can now say that it is time for us to move forward and where we can
lead that instead of being on the end of everything. We have to lead this and so, again, this is a
great thing to move forward with. Thank you and thank you to all those who have participated and
who will speak tonight because it is time. Injustice anywhere is injustice everywhere and so it is
time for us to have some justice tonight. Thank you.
Councilmember Gavin Ferlic stated,Thank you for your leadership on this issue and thank you for
everyone coming out to support it.
Councilmember Karen White stated, I would like to thank Councilmember Jo Broden and
Councilmember John Voorde for bringing this resolution before us. I'm very proud of the work
you have done. It is really somewhat sad that we, in 2019, are still addressing hate within our
society and our nation. I really am humbled that the Indiana Black Caucus has dealt with this for
twenty (20) years and they are still moving forward. I am very hopeful that the work and the
resolution we will be sending from the South Bend Common Council will really add weight to the
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REGULAR MEETING January 14, 2019
work they have done and also the work that is being done throughout the State of Indiana. I'm
proud to state that I'm a member of Delta Sigma Theta(DEO) National Sorority, the South Bend
Alumnus Chapter. On February 26th, we, throughout the State of Indiana, will be having what is
called Delta Days at the State Capitol. One(1) of the position papers that we will be presenting is
dealing with hate crimes. We are committed to working closely with our elected officials. We will
probably have sixty(60) or so Deltas, as we are called, there who will be really dealing with this
issue. Hopefully, we will have a positive outcome. I am encouraged as the governor has made
some very strong statements. We will hold him and other elected officials accountable for ensuring
that Indiana will become one (1) of those states that has passed such an enactment of law, so we
won't have to deal with hate within our community. We know we will,but we will have some laws
in which we can deal with it and hold those individuals accountable for their acts of hatred within
our society and state. Again, thank you so much. I also wish to thank all of you who are in the
audience for your work and also being present as we move this particular resolution forward.
Councilmember Tim Scott stated, It was years ago that my three (3) colleagues to the left of me
voted for the GLBT Ordinance change in South Bend and that was long overdue. We just did the
Pledge tonight, and justice for all is a part of that pledge. We truly need to live by that. Thank you
Councilmembers Broden and Voorde for your work on this and everybody else's work on this.
When you read that, we are down to the last five(5) states. We don't want to be in the last five(5)
states. I take pride in South Bend being a leader. It has come a long way with changes in
Administration, no disrespect to old Administrations, and Council Members coming on. We've
made changes and have moved forward. I remember years ago there was a phrase that came from
the senior Ferlic and that was that forward-thinking communities include everybody. We need to
do that. We need to send that message downstate. We've done a couple resolutions in the past and
I was told before, by our Legal Department, that we don't send messages downstate. That is not
what we should do. I really pushed to say,no,we are going to do that. One(1)was on the Religious
Freedom Act, we did send a message downstate on that. We represent people in the City of South
Bend. When you hear strongly from them, we need to use our position on Council to send that
message. While it is just a resolution, it means a lot when you can send that downstate or even
send it off to the US Congress or Senate. I'm very proud of that precedent that we've started.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Mayor Pete Buttigieg, offices located on the 14th floor of the County-City Building, South Bend,
IN, stated, I promise to be brief. I wanted to take the opportunity to add my support. I want to
thank the Council for taking up this issue and the sponsors for their leadership. I appreciate the
acknowledgement of Christina Brooks, our Diversity Inclusion Officer who I saw just a while ago.
She, unfortunately, had to be at another community meeting but I know this is very important to
her as it is to all of us in the office of this Administration. We believe that this is not the first(1St)
time that South Bend can be a little bit ahead of the rest of Indiana. We hope that by stepping out
in front of this issue, it is one (1) more consideration for the Indiana General Assembly to do the
right thing. It is long past time for Indiana to join most of the rest of the United States on this issue.
As it was eloquently said before, this is not about legislating thought. This is about sending a
message that harm coming to people, for reasons of hate, is doubly bad and doubly harmful to our
community.As to whether there is a need for this, I believe there always was but there is a national
increase, as spotty as the data may be,there is a clear pattern of a national increase and an increase
here in our state in hate crimes and hate incidents. We're not here to apportion blame for that, we
are here to come together around the need for that to change. If there is any spread of anything
convincing in the objections that have been made to this legislation, I think it comes from the idea
of freedom because our society and our country is, to our credit, unusually accommodating of the
idea that people should be able to say or believe what they want. So much so that we protect
people's ability to say and think detestable things. But it would be a very narrow idea of freedom
that thinks that this means we cannot take action on hate crime because hate crime is about harm
to other people. It is not just about what you think, it is about what you do. I would argue that
freedom from hate is more important than freedom to hate. That is the conclusion that most states
in our country have drawn, and I hope ours will as well. It is also uplifting to see so many members
of the community here to support this resolution because I think it reflects the diversity that is the
strength of our community. It is very much South Bend's values to state that whoever you are, and
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REGULAR MEETING January 14, 2019
whatever you are like, you should be able to feel safe in this community. No one should live and
no one should walk in fear because of what they believe,how they worship, who they love, where
they are from, what they look like or any other such consideration. I hope the Council will take
this opportunity and I will enthusiastically sign it as one (1) more way to send the message that
hate has no home in South Bend, Indiana.
Rabbi Karen Companez,305 West Madison Street,South Bend, IN,stated,Thank you for allowing
me to speak here this evening in support of this very important resolution. I am the Rabbi for
Temple Beth-El, the reform Jewish Temple here in town, and I have more members here this
evening than I usually do at my services so perhaps we will meet here every second(2nd)and fourth
(4th)Monday,if you don't mind.You are all welcomed to join.This resolution supports the passage
of a hateful or biased crimes law by the Indiana Legislature. This bill is not a bill about what
anyone is allowed to think. It is a bill to stiffen the penalties that can be legally imposed when a
crime is determined to have been committed motivated by hatred for a person based on having
certain characteristics such as their race, sexuality, their country of origin, gender identity or their
religion, amongst others. When a hate crimes bill is passed in Indiana, Hoosier will still be free to
think whatever they would like,just not so free to commit crimes based on thoughts coming from
a place of hatred without the potential consequence of firm and decisive punishment. Jews are
commanded in the Torah,in the Bible,to `tzedek,tzedek tirdof,' `justice,justice shall you pursue'.
The lawful possibility of strengthening penalties for people who commit crimes based on hatred
of people because of certain unchangeable characteristics is what the hate crimes bill is all about.
It is about justice and that is why we are pursuing it. The Board of Trustees of Temple Beth-El
recently passed the following resolution:
Rabbi Karen Companez quoted, Whereas, Recent events in the State of Indiana and other states in
this country have heightened this congregation's awareness of the continuing threat of acts
predicated by hate and anti-Semitism; and, Whereas, By definition, hate crimes cause damage
more extensive than the suffering of a specific victim because they serve to terrorize entire groups
of people and, therefore, the terror associated with hatefully motivated actions and/or crimes
targeting groups based on characteristics that include, but are not limited to, religion, national
origin,ethnicity,color,race,gender identity, sexual orientation,disability or similar factors is such
that these crimes should be addressed specifically in Indiana's Criminal Code; and, Whereas,
Indiana is one (1) of only five (5) states without a hateful biased crimes law; and, Whereas, The
Board of Trustees of Temple Beth-El desires to publicly declare its condemnation of any
discrimination against any group as noted above, particularly of a violent or a destructive nature.
Now, therefore, be it resolved by Temple Beth-El and its Rabbi and subgroups may speak in
Temple Beth-El's name to support hate crimes legislation at the local and state levels and to join
with other allies in the community who are also working to urge the Indiana General Assembly,
or local Councils, to pass hate crimes legislation. This includes allowing Temple's name to be
displayed as a member of alliances such as Indiana Forward or Indiana Alliance Against Hate in
their campaign materials.
Rabbi Karen Companez continued, This resolution was unanimously passed by Temple Beth-El's
Board of Trustees and I respectfully urge this body, the South Bend Common Council,to pass the
resolution that is currently before it on this issue that is important to all of us. Thank you.
Samantha Musleh, 51244 Outer Drive, South Bend, IN, stated, Good evening and thank you
Council Members for holding this meeting. Thank you, also, for allowing me the opportunity to
speak in front of you tonight. I was born and raised in South Bend, Indiana. I am an active member
of the Islamic Society of Michiana and an AmeriCorps member at the University of Notre Dame.
As an AmeriCorps member, I have dedicated this year of my life to service to our community. I
run an `English As A New Language' Pre-school at the Robinson Center. I am a daughter, wife,
mother and an educator. Unfortunately, despite my contributions, I have experienced hate in my
community because of my religion. I have a place in this country. I, my husband, my four (4)
daughters, my students, we all have a right to feel safe and included in our community. The hate
that I've experienced should never be tolerated. My children should not live in fear of who they
are because of the actions of others. We need this bill to protect the America that I see every day.
Hard-working families, from all over the world, come to this country because it is the land of the
free, for all, where hate and intolerance should not be accepted. I teach a beautiful and diverse
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group of children and we need this bill so that no one is afraid of being judged for who they are,
what they look like, or what they believe. This bill is important,not just for people like me,but for
every child and every adult that has ever felt different. This bill will allow me to renew my belief
in America and continue teaching to my children and my students about the America of freedom,
acceptance and diversity. Let's make South Bend a beacon of hope for our families and a model
for the rest of the State and country to follow.
John Pinter, 1224 Sunnymede Avenue, South Bend, IN, stated, Thank you, members of the
Common Council for the opportunity to briefly speak and add the support of the United Religious
Community (URC) to your resolution in favor of the state's bias crimes act. The URC as an
interfaith organization, not a religion, is admittedly cautious in engaging in legislative politics.
There are numerous proposals for laws and acts that, if we opted to be in favor of or against them,
would create such potential disagreement within our many different active traditions and we might
cease to be `united.' That said, all the major faith traditions, those with millions of members and
their many counterparts with fewer adherents,find commonality in issues like:being united against
poverty and violence, and agreement in finding welcome for the stranger. From that commonality,
the URC board unanimously decided to actively support bias or hate crimes legislation. Opposition
to it comes mostly from one (1) of two (2) things. One (1) is the debunked notion that hate crime
legislation regulates thought or speech. I won't spend time on that, as it's readily disproven. But
religious leaders would be overtly opposed to any such restrictions as they and their members
express their own constitutionally protected beliefs. The other kind of opposition flows from fear,
the fear that specifically naming a group implies something more. If we have specific types of
people identified as having protection, might that mean either that only they are protected or have
special right? Not all people are ready to accept all other types of folks. But that is not the purpose
of this law. In fact, any of our backgrounds can cause us to be targets of hate crimes, for the fact
that we are or are not a part of a group such as a religious background or a non-believer, a political
group,or an ethnic or racial group, among the many combinations of identities that we may choose
or have no say over. Every person in this room has the opportunity to be the victim of a hate crime,
but history shows that particular groups are far more likely to be affected, and since so many of
these are immigrants, ethnic and religious minorities that URC works with causes our solidarity
with members of the LGBTQ and business communities and so many others in supporting your
council's opportunity to support this state legislation. Firebombing a person's home is
unquestionably a crime. Firebombing a minister's home because you want to send a message to
their movement, as happened to Dr. King, is a hate crime. If we change the kinds of underlying
crimes, make it defacing a temple, or shooting at a refugee's house, or beating up a gay pride
marcher, we still have criminality caused by an illegal expression of hatred, and the greater
community of good rises up to support those directly affected but as important to learn about the
underlying prejudice. That community needs to be supported by a bias law to help it demonstrate
that hate has no home in our state. It is the right thing to do, it is also the smart thing to do, and it
is way overdue. Thank you.
Marguerite Taylor, 714 East Corby Boulevard, South Bend, IN, stated, I'm sorry, I couldn't help
myself. I don't want to preach to the choir. I knew Jodie Henderson and he was actually beaten to
death in my neighborhood and I know his parents. I just want to thank you for considering and for
passing this legislation. Indiana should be ashamed of itself It really should, for not having a hate
law.
Zachary Gillis, 1522 East Mishawaka Avenue, South Bend, IN, I am a member of the Board of
Directors for the LGBTQ Center. I would like to extend my sincere thanks to the Council for
holding this meeting and giving us the opportunity to share a little bit on how we want to remedy
this vital societal issue. As representatives from The LGBTQ Center, we want to extend our
gratitude to the South Bend Common Council for this resolution calling for the enactment of
legislation addressing hate crimes in the State of Indiana. At the LGBTQ Center, we stand by our
promise that all are welcome to attend our events, visit our Center, enjoy our programming, and
take part in pride. Part of the reason we have been able to thrive is because South Bend and St.
Joseph County have passed and enforce comprehensive human rights protections for our
community. The South Bend Human Rights Commission extends protections against
discrimination in employment, fair housing,public accommodations,and education to the LGBTQ
community by including sexual orientation or gender identity as protected classes. The City
understands the need to protect our rights and that is why we are proud to call South Bend our
home. But not everywhere in Indiana is as affirming to the LGBTQ community as South Bend and
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REGULAR MEETING January 14, 2019
the protections of the Human Rights Commission do not protect us from violence. In the United
States, we have a long history of violence against the LGBTQ community. From the riots at
Stonewall to the tragic events at Pulse nightclub, our spaces can become places where the
escalation of hate can end our lives. For the third (3rd) year in a row, the number of reported hate
crimes has risen in the United States. The FBI knows that victims of hate crimes are largely
targeted for race, religion, and sexual-orientation. It is vital that the Indiana General Assembly
understands that the LGBTQ community must be included in any laws designed to protect
Hoosiers from hate.
Lance Mullins, 1522 East Mishawaka Avenue, South Bend, IN, stated, I am the Development
Director of the LBGTQ Center. Because hate crimes reporting is not mandatory, the numbers of
victims are undercounted. The reality of hate crimes in our community is felt in the loss of the
victims we mourn. In the corner of our building is a sign that reads"Justice for Jodie", a reminder
of the loss of Jodie Henderson who was murdered in South Bend in January 2016. Jodie was a
twenty-six(26)year old black gay veteran remembered for a generous heart and the love of family.
Jodie's family attended every day of his trial, a trial where the bias motivation of the crime was
not investigated or counted. When someone from of our community is taken too soon because of
hate, we deserve justice. Our community is dying because of hate. At the beginning of 2018, the
Human Rights Campaign attempted to draw attention to fatal transgender hate crimes to honor the
lives of those lost. They found that by November of last year,twenty-two (22)transgender people
had been killed in the United States simply for living their authentic lives; eighty-two percent
(82%) of them were women of color, sixty-four percent (64%) were under the age of thirty-five
(35). Fatal crimes against LGBTQ people continue to rise and we have no hope of federal
protections. The crisis of violence against LGBTQ people demands action. Crimes motivated by
hatred and bigotry have no place in our City, our State, or our Country. We applaud the South
Bend Common Council for taking this step in urging the Indiana General Assembly to pass
inclusive hate crime legislation this session.
Samuel Centellas, 2740 Miami Street, South Bend, IN, stated, I'm here speaking on behalf of La
Casa de Amistad tonight. I was born in Santa Cruz, Bolivia and am an immigrant to this country.
I work with immigrants on a daily basis. Most of us do. But I work for immigrants on a daily basis
in this community and I have to be subjected to the type of hate speech that is targeted at our
community all the time. I have to read it on Facebook, I have to see it and we get nasty voicemails.
This is one(1)of the methods to help us fight against those kinds of things to speak up for the kind
of country we want to be and the type of City we want to be. I'm speaking last to kind of bat clean
up. Everybody covered several of my points but there are still two (2) things I would like to say.
Laws can do many things. They can restrict actions and they change activities. Laws can also
protect people. In this case, I think laws talk about the place you live. Laws talk about the character
of the people that live there. Laws talk about the things that are important to those people that live
in that place where they are. This says that we, as Hoosiers and South Benders,won't tolerate hate
and activities that are driven and motivated by hate. It is important that we, as a community, say
that. I'm not just speaking to Council because I think we have support here but for everybody else,
as well, in terms of the work that is going to have to happen from here forward to get legislation
like this to pass in the State. One (1) of the things that drives me crazy about Indiana are our
exclusive lists that we are on. I get tired of using that negative peer pressure of we are one (1) of
only five(5). Whether we were the first(ls`) or the last to do this, we should do it because it is the
right thing. As Hoosiers, we have to stop saying that everybody else lead, now let's do it. I don't
care what every other state has done. I don't care what every other community has done. I don't
care what other councils, mayors or congress people have done. What matters is that the City of
South Bend is going to say we are about the right thing and we are going to push the rest of our
State to make this happen statewide. Thank you very much.
Jason Banicki, 3822 West Ford Street, South Bend, IN, stated, It's really easy to stand up here and
support something like this because in reality while no one should have to fear being a victim of a
crime just because they are, unfortunately in the society we live in, that all too often happens. For
those who ask why motivation should matter, for quite many crimes, motivation matters. That is
why we have homicide,murder,manslaughter,reckless homicide and things of that nature. Indiana
is no stranger to codifying enhancements for certain activities. If you commit a crime within 1,000
feet of a school zone, that can be a crime. If you are a multiple time felon, that can be an
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REGULAR MEETING January 14, 2019
enhancement to a crime. If you committed a crime while being a member of a gang,that can be an
enhancement to a crime. So, this is not asking Indiana to do anything new. This is not asking
Indiana to create something that has never existed. This is asking Indiana and the legislators
downstate to do the right thing and protect those who deserve it very much. Thank you.
Council President Tim Scott stated, Thank you to our sponsors, Councilmembers Broden and
Voorde.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 19-02 by acclamation.
Councilmember Karen White seconded this motion which carried unanimously by a voice vote of
nine(9) ayes.
Councilmember Jo M. Broden stated, If anyone who spoke tonight would like to convey your
written documents,please pile them up and we will transmit them as well. If there is an electronic
copy, I'm sure Graham Sparks in the Clerk's Office would be happy to compile them, as well.
Thank you all, I appreciate it.
Council President Tim Scott announced, If you are here for Bill No. 18-73 regarding 1718 Marine
Street, that has been withdrawn by the petitioner.
REPORTS OF CITY OFFICES
Representing the City Administration: Suzanna Fritzberg, Deputy of Chief of Staff
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:56 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the
Whole. Councilmember Karen White seconded the motion which carried by a voice vote of nine
(9) ayes. Councilmember John Voorde, Chairperson, presiding.
Councilmember John Voorde stated, I would like to thank Councilmember Gavin Ferlic for his
willingness to share leadership in the last year of our term. I'm sure Councilmember Karen White
feels the same way and I would like to thank Councilmember Oliver Davis for the same reason.
Councilmember John Voorde explained the procedures to be followed for tonight's meeting in
accordance with Article 1, Section 2-11 of the South Bend Municipal Code.
PUBLIC HEARINGS
BILL NO.
59-18 PUBLIC HEARING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1405 & 1505 EAST
HOWARD STREET, COUNCILMANIC
DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Jordan Wyatt, Planner with the Area Plan Commission with offices located on the 11th floor of the
County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Wyatt stated, I
have a handout that are the amended written commitments from this afternoon's Committee
meeting regarding this rezoning (which is available in the City Clerk's Office). The petitioner is
requesting to rezone the area outlined in red(referencing a slide in a presentation which is available
in the City Clerk's Office) from SF-Two (2), Single-Family and Two (2)-Family District, to MF-
One (1), Urban Corridor Multi-Family District. To the north and west is Frederickson Park zoned
SF-Two (2), Single-Family and Two (2)-Family District. To the east are Single-Family homes
zoned SF-One (1), Single-Family and Two (2)-Family District. To the south are Single-Family
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REGULAR MEETING January 14, 2019
homes zoned SF-Two (2), Single-Family and Two (2)-Family District. Here (referencing a slide
in the presentation)is a view of the property as it currently is.The site plan shows the development
of seven (7) Single-Family homes abutting Howard Street, thirty (30) Multi-Family units on the
interior plots. Parking would be located in garages for the units with some on street parking. A
pedestrian path runs along the north side of the property. This comes to you with a favorable
recommendation from the Area Plan Commission subject to the following written commitments.
The building abutting Howard Street will have a maximum height of thirty-five (35) feet, two (2)
and a half stories. A north-south sidewalk will be provided on the west side with public access to
Frederickson Park on the northwest corner of the project site. Type B perimeter landscaping will
be provided on the east side of the property abutting the drive and parking area. Type A perimeter
landscaping will be provided along Howard Street. The curb cut on the west side of the project
will line up with Jacob Street. A sidewalk will be provided the length of the project's front edge
on Howard Street. The animals living in the woods will be trapped and relocated humanely, two
(2)weeks prior to the removal of any trees. The cost will be covered by Century Builders. I would
be happy to answer any questions and the petitioner is here as well.
Brian McMorrow, Abonmarche Consultants with offices located at 750 Lincolnway East, South
Bend, IN, served as the petitioner for this bill. Mr. McMorrow stated, I am here on behalf of the
property owners, Howard Street Land Trust at 5 Corners LLC and also the home builder and
developer, Century Builders. The plan that is shown on the screen came about after Century
Builders had the notion to develop the property for a higher density than the Single-Family zone.
They reached out to the neighbors one (1) on one (1), neighborhood groups, the University and
others. In the end, the plan that we are proposing includes a plan to have Single-Family homes
along Howard Street and then multi-family homes with the fronts of those homes facing
Frederickson Park. The idea is to engage with the park and our plan will also include a minor
modification whereby the sidewalk which is shown presently to run through the middle of the
project will be relocated to form,essentially,an extension of North Jacob Street.That will welcome
residents of that neighborhood to use the park and the passive recreation opportunities that present
themselves. We were pleased that we had the support of the Area Plan Commission. We met with
the Zoning and Annexation Committee this afternoon and the written commitments set forth are
acceptable to our client. Thank you.
Councilmember Oliver Davis asked,Could you describe the neighborhood interaction that you did
in terms of preparing for this project?
Mr. McMorrow replied, Century Builders is a local home builder. They are developing other
communities in South Bend. They reached out to individual property owners this past fall and the
plans were shared with them one (1) on one (1). Also, a neighborhood meeting was called in the
Boys Scouts building over on SR-23 this fall as well. There was a significant effort made to get
the input from the neighbors before the plan effected.
Councilmember Oliver Davis followed up, So this should come as no surprise to the neighbors at
all?
Mr. McMorrow replied, It should not.
Councilmember Karen White stated, The seven (7) commitments made really enhance this
particular project. I want to thank the presenter and the developer for working as Councilmember
Oliver Davis had said. We always ask if you have spoken with the neighbors. With the level of
conversation and engagement that has occurred, this is a great example of all coming together to
get the project done.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard. There were none.
Councilmember Tim Scott stated, I only caught the back end of this, but I do want to thank
Councilmember Broden for your commitment to sidewalks and the questions you ask. And, the
developer on that part. We deal a lot with sidewalk issues within the City and anytime we are
making it more walkable is definitely a plus. Thank you for your diligence on that.
Councilmember Jo M. Broden stated, I want to thank the developers. You really went about this
in an outstanding manor and it really makes our job easier as a District Representative and I hope
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REGULAR MEETING January 14, 2019
fellow Council Members will vote in favor of this. Great planning and great working with our
planning team within our City's Administration as others have said. I commend you for your
outreach and your willingness to list and stand by these commitments. There are seven (7)
statements but I was there and Councilmember Voorde was there at the open house meeting.These
really show that you've taken the input of the neighbors to heart. I think what is going to happen
here is going to be a win-win for everybody. You're going to have great properties to sell and to
provide great living spaces. I would be surprised if there are any other locations adjacent to parks
in the City of South Bend that are undeveloped. This is pretty cool. The outward facing of the
Single-Family homes to the street of Howard Street, itself, is complimentary. I think you've hit a
sweet spot in your planning and we are grateful for that in terms of the higher density but also
something that is not going to be onerous on the neighborhood but will work for both the residents
and neighbors as well. Great planning, great relationship and great outreach. Thank you for being
a model in how this can and should be done.
Councilmember Gavin Ferlic made a motion send Bill No. 59-18 to the full Council with a
favorable recommendation. Councilmember Oliver Davis seconded this motion which carried by
a voice vote of nine (9) ayes.
61-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 17 OF THE SOUTH BEND
MUNICIPAL CODE TO ADD A NEW ARTICLE
14 ESTABLISHING INTERIM STORM WATER
UTILITY RATES AND AMENDING CHAPTER
2, ARTICLE 14 TO CREATE A NEW FUND FOR
THESE REVENUES TO BE KNOWN AS THE
STORM SEWER FUND (#667)
Councilmember Jake Teshka, chair of the Utilities Committee, reported that they met this
afternoon and send this bill forward with no recommendation.
Eric Horvath, Director of Public Works with offices located on the 13th floor of the County-City
Building, South Bend, IN, served as the presenter for this bill. Mr. Horvath stated, I appreciate
your consideration of this ordinance in front of you. As you know, this ordinance does two (2)
things. It established Fund #667 which is the Storm Sewer Fund, but it also establishes a storm
sewer user fee that would be associate with that and it would go into that Fund. As you know,
we've had a number of conversations on this and it goes back to appropriations in our budget for
the 2019 calendar year. We don't have a dedicated storm sewer infrastructure fund in the City of
South Bend. However, having said that, there are significant needs. Those needs are only getting
larger with the increasing intensity we have of storms that we've seen in the last number of years.
What this ordinance does is it establishes a dedicated fund which will be a sustainable source of
funding for future generations to use to address storm water issues throughout the City. In the past
it is not that we didn't fund drainage at all, but we were constantly looking for a place to fund it.
A good example was last year's budget. We had $500,000 in drainage projects that came from the
Local Roads& Streets Fund. Again, if there were a lack of need for that funding,that would be ok
but given the significant needs that we have of those funds as well for road funding, it makes it
really difficult when you are trying to use drainage funds for other purposes and are borrowing
and using these other funds. I feel it is important that we have a dedicated fund so that we don't
take away from some of the needs of these other funds and their intended purpose. In October, the
Council approved a Storm Water budget in Fund #667, this, essentially is the accompanying
enabling ordinance that would go along with it. It set the rate at two dollars ($2) per resident per
month as the user fee and also five dollars($5)per commercial industrial property per month. That
is set to start in June 2019. This will be an interim rate until the City has the opportunity to look at
impervious and pervious areas and looks at possible modification of those rates based on those
calculations. That would be something we come back to the Council with at that time with an
understanding of how those funds were calculated and what those new user rates are.But, for now,
the ordinance is establishing two dollars ($2) per resident per month and five dollars ($5) per
commercial industrial per month.
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REGULAR MEETING January 14, 2019
Mr. Horvath continued, We've had continued dialogue between the Council and the
Administration about how we can help our struggling residents as well. I don't want to leave that
untouched in this conversation. I think it's important that we have a dedicated funding source for
storm water infrastructure, but it is also critical for us to continue finding ways to help meet the
needs of struggling residents. I think that is a significant and ongoing issue that we are going to
need to address as an Administration and Council. I know that we've already started addressing
that in some ways. We worked together,the Council and Administration,on establishing the South
Bend Green Corps program in this year's budget. That is essentially an AmeriCorps program
where we have people going into homes and they will do assessments in the homes to try and find
ways to reduce electric, heating costs, sewer and water costs. They will do things like low-flow
aerators or low-flush toilets or fixing leaks or winterization. Doing things like programmable
thermostats and all those things that can help reduce their costs. In addition to that, we are
committed to working together on lifeline rates. We want to find a way that we set a threshold and
any resident making below that threshold would have a rate that would be less than the rest of our
population. This, as you know, we were not able to do in the past and we only had the ability to
do cost of service basis rates but in this past State Legislature they passed the ability to do
differential rates allowing for lifeline rates and that is something we are committed to working
with Council on. We've indicated that we will have a proposal by June 2019 for the Council to
look at so that we can start the dialogue on that, as well. I appreciate your consideration of this bill
and I'm happy to answer any questions.
Councilmember Karen White asked, Could you share about increments to these proposals if and
when they may come? If I'm not mistaken, the Administration cannot increase any rates without
not only coming to the Council, but they also have to submit that to the State for approval. Can
you go through that process? As we look at approving this for the 2019 year, residents will be
looking at twelve dollars ($12) because it will not go into effect until June 2019. Then in 2020 it
will be twenty-four dollars ($24). Then after that time, the Administration would have to come
back to this Council. In the mean-time, there are certain expectations of the work that will occur
as we move forward with this particular bill.
Mr. Horvath replied, Just to reiterate, that is absolutely correct. Any change in those user fees
would have to go before Council. It is under the Council's jurisdiction to set those rates. Even if
we wanted to make the two dollars($2)per month charge two dollars and one cent($2.01), I don't
have the authority to do that without coming back to Council and getting your approval.
Councilmember Karen White followed up, Then the next step would be the approval at the State
level as well?
Mr. Horvath replied, For the lifeline rates, we would. For the storm water fees, themselves, we
would not.
Councilmember Jo M. Broden asked, Could you define what lifeline rates are? What do they
entail?
Mr. Horvath replied, So we don't have the thresholds fully defined but we would set a threshold
under which people would have a different rate. For example, if you are a family of a certain size
and are one hundred and fifty percent (150%) below the poverty line in your income, we would
have a process to go through income verification and then you would be eligible for a number of
different programs,one(1)of which would be a lower waste water and sewer rate. We are working
on those numbers and doing some sensitivity analysis to see what that deduction would be but,
essentially, that is what we are talking about. Anyone below that level would receive a deduction
on their sewer bill.
Councilmember Regina Williams-Preston interjected, And that is part of what you're going to
clarify and bring to us in June 2019?
Mr. Horvath replied, Yes, we will have that to you by June.
Councilmember Regina Williams-Preston followed up, Can you clarify what kinds of things this
actually helps? Talking to my constituents, straight up they just say no. We can't afford anything
else. You are breaking their backs. Talk to me about why this is important. What is this money
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REGULAR MEETING January 14, 2019
actually going to go to? If I'm going to give you two dollars ($2) extra, a month, where does that
go? How does that help me?
Mr. Horvath replied, We've indicated to Council that this is going to be used for capital and will
meet the storm water infrastructure needs. An example in this year's budget is everything from
downspout disconnect which is keeping that clean water out of the system from overburdening a
largely combined system which causes sewer backups in people's basements. It is things like
separating sewers on Western Avenue so there is a separate sanitary and storm sewer instead of a
combined line which, again, alleviates basement backup issues. It also does things like solves
drainage issues in areas like Olivia Circle or Linden Wood or Outlook Court where there are
significant drainage issues where when it rains we are flooding people's homes. Those are some
examples,but it is for storm water infrastructure funding. It could be to build a new retention basin,
it could be to build some green infrastructure so that instead of putting it into storm infrastructure
we can try to have rain water taken care of at the source. The intended purpose is to help fund
storm water infrastructure since we don't have any funding source for that.
Councilmember Regina Williams-Preston followed up, Was it in 2016 or 2017 that we had that
big issue with flooding? I know it has been many times but most specifically, around the corner
from my house,on Frederickson and in that area of District Two (2),we had catastrophic flooding,
water backing up into basements and some homes had to be demolished. People were displaced.
The cost of moving and losing goods were staggering. So,it sounds like what you are talking about
is prevention. This is investing twenty-four dollars ($24) a year per residential properties. Could it
be an investment in prevention of this kind of catastrophic flooding down the road? I don't want
to lose my home or anything inside my home, even if I'm renting. Is this a small investment on
the front end to provide prevention? I remember when this happened, we were coming back and
asking how we can help people with the hundreds of thousands of dollars that they were going to
need in order to be made whole again. Is that what we are getting at?
Mr. Horvath replied, Absolutely, it is exactly for that. It is to help prevent having flooding and
backup problems in people's homes. It is to handle storm water appropriately. Although this will
generate just over $1 million a year, it is not enough for the whole City. But this gets it moving
forward in the right direction in my eyes and it gets us the ability to start and get moving on some
of the highest priority areas where we know we've got significant issues every time it rains.
Councilmember Regina Williams-Preston then asked, Finally, with this, we've also been talking
about the lifeline rates or the income-based rates, can you say something about the advocacy you
would be looking for from us as a Council and, or, the Community in making changes downstate
so that we can implement that? While we are imposing some additional tax, if you will, we are
also looking very seriously at ways to lift burden of utility.
Mr. Horvath replied,Yeah, thank you for that. As we've discussed,this is new to Indiana and they
haven't allowed differential rates in the past. Other states have but part of the legislation indicates
that the IURC will need to look at how you set those differential rates and they will need to
ultimately approve them. Because nobody has gone through that process,we don't know what that
process looks like yet. We'll have conversations with them ahead of time,but it will likely be very
helpful for them to know that our community is supportive of lifeline rates and that our Council is
supportive of lifeline rates. That is something we need to embrace as a community. I think that is
a very important part of it especially for the IURC as they are looking at this as a new endeavor
for them and an uncharted area.
Councilmember Regina Williams-Preston stated, So an action step, I think Councilmember
McBride spoke about the need for more conversation.
Councilmember Sharon L. McBride stated, I want to say thank you for immediately taking the
time to defer the date until June instead of January 1 and talking to a lot of the constituents without
being educated, there are a lot of concerns, of course, of having the financial burden put on the
residents. Talking with some of them and asking about a plan and being part of the discussion and
figuring out who and how it impacts everyone, it did help a bit talking about how it doesn't just
affect one(1)area. Councilmember Broden talked about it, it impacts taxpayers as a whole. When
EMS or River Rescue comes out or the Public Safety Officers come out,that is all tax payer dollars,
City or County wide. I appreciate having further conversation but still definitely want to make
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REGULAR MEETING January 14, 2019
sure, and we talked about the commitments, but having ongoing meetings and some of the
community members and residents at the table talking about what that looks like and how they are
impacted financially.
Councilmember Tim Scott stated, I'm sorry I missed the Committee earlier today,but I appreciate
you, Eric, responding to the questions. Councilmember McBride and I submitted joint questions
and I'm glad to see you having answered them. I, too, am willing to hold your feet to the fire on
further improvements and meetings down the road. Councilmember Broden said two(2)meetings
ago that this isn't only in the flooding areas but in the other areas, as well, that don't include the
flood but there are major issues. One (1) concern that I have is down in Keller Park. It is quite a
way away from the river, but we put in some nice new curbs and sidewalks which created a whole
other problem where the street is not graded properly. It literally holds water now. Then in the
winter time you not only hold water but hold ice. It is part of the grading of the system. I live on a
pretty high hill, but I see the effects we are having on Portage Avenue. I get out there with a rake
and rake out the storm sewers along Portage, so people aren't driving in six (6) inches of water.
This is desperately needed, and we need to look at our infrastructure. That is part of the reason we
started the curbs and sidewalks program years ago because we had issues with this. I understand
where the funding needs to go but I also agree, we asked a few meetings ago, at looking at
alternative sources down the road. I am willing to be part of those meetings down the road.
Councilmember Oliver Davis stated, Thank you. Given the fact the implementation date is not
starting until June 1St, 2019, and today is January 14`h and there has been a request for continued
dialogue to look at this whole proposal and everything else, recognizing that we have already had
some, I still think that there is time and the necessary need for us to have to vote on this tonight is
not necessary. What I would like to see is where we are with the whole CSO Plan. Where are we
now? Since my colleagues Dr. Varner and Dr. Ferlic left, there has been a wide gap in giving us a
clear update to see where we are. Years ago, when we first(ls`)had that, I chaired that Committee,
and we had that huge bill that we all were going to have to pay. Then it has been adjusted to
different issues. We've had a change in Presidents where one (1) Administration's EPA
requirements are different from another Administration's EPA. How does that difference translate
into dollars for the City of South Bend regarding that? Is it a savings? Is it more? Is it less? I heard
it was less. How much less? And if it is less than we already agreed to, then why can't this be in
as one(1)of the funding and work with that? Is that a possibility? The idea of, you had said,using
TIF funds for part of this, how much TIF funds has been used for this? Can more TIF funds be
used for it? How much can? How much cannot? People need to know that because even though
this is going to be added to the water rates and not necessarily a water bill, it's still on the water
bill because it is added to that. Given the fact there have been hikes in the past years with that, it
is like a drip, drip, drip, drip coming down the faucet that people are trying to get. And the idea
that you won't be able to transfer any other monies out of, this is helping us not have to transfer
funds out of other funds. Every department since these last twelve (12) years I've been here has
transferred three (3) times a year or two (2) times a year when we had it, numerous amounts of
times they have transferred throughout the year. So I'm trying to figure out how this kind of thing
is going to prevent more transfers from not being there because I see this and then I also say that,
in our discussion we had in our last meeting, when there was a person that came from the Leeper
Park area that said this was going to help in case we had a big storm like we had last year, I mean,
it was testified that it wouldn't necessarily help her situation in that same kind of thing. We are
dealing with other issues of infrastructure. I think it gave a false sense that we're raising this to
help with this but it's not going to necessarily help in case we have those floods that
Councilmember McBride had talked about in her area where she had all the basement issues. It's
not necessarily going to stop that and if it does, what about people's homeowners insurance? How
does that face? Does the City become the homeowner's insurance? How do we deal with those
kinds of things? Renters insurance?Those are some key issues that we have to look at. So, to me,
if the enactment was planned for February, ok,possibly. We have another meeting in January and
two(2), four(4), six(6), five(5)more meetings. It was moved to the first(1').Yes,we say it gives
time to your staff to have planning and everything else. They still can plan. Our delay of the vote
to have more understanding of all the questions I just raised will not be solved tonight. I'm not
asking you to comment on every single one (1) of them because that's going to help, a summary
of all that is not going to change my vote on this. I think that we need to just have the time and
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REGULAR MEETING January 14, 2019
delay this vote to move forward. There is no way I can support this tonight. That was just a
comment, not a question, I'm moving forward. Thank you.
Councilmember Jo M. Broden stated, I guess a couple points. To me, this is really getting at the
non-big events of flooding. I would like to harken our attention as a Council to the budget process
where we were provided a map that basically identified nearly every single street in the City of
South Bend having some issue,ok?Not the big event issues but some issues which then have some
impact on residential. And I may be exaggerating but if we blew that map up, maybe there would
be a couple blocks un-touched, but this was part of the presentation within the budget. Then the
background data that supported that map came from 311 calls. These are long-standing problems
on most every street in the City of South Bend. Historically, we've been raiding funds to get
anything done. We've got a list of problems, it is longer than what we've had available funding to
do, we've raided other needed project dollars to get things done, so, from my perspective, this is
long overdue. Again, I'm not even speaking from one (1) of the hardest hit areas in 2016 and in
2017. That is one(1)point I wanted to communicate. Two (2), I think we've been very responsive.
I think the dialogue that each Council Member has brought, we've had plenty of time to massage
this, tweak it, we've delayed the time, and let's be really frank, too. The level that we are asking,
compared to other municipalities in the State of Indiana, we are coming in at a low-ball mark
anyways. Let's put that context around this. Those were earlier conversations. I would like to bring
that to Council Members' attention before you look to vote on this. The Administration, Mr.
Horvath, your department, has been really responsive, as I said, about the actual rates in the first
(1St) place. You're looking at an extended roll out time and it is not January 1. We're being asked
as a Council to kick this off but to give some leeway to residents.That is going to affect the funding
that is available in the first (Pt) year to actually get to this priority list, but that is what it is. That
is the give and take that is responsible for us as legislators and you as being in charge or
implementing these types of programs. I think your commitment that I have heard tonight with
regard to the ongoing conversations and what else we could bring to the table in terms of the
differential rates and that conversation, I think is great. I also appreciate that this is interim, but it
is frozen at this level. We aren't going to add to this. We aren't going to tweak it up. We've
specifically asked to not have it tiered and we haven't tied an automatic increaser on this. That
speaks to the work of this Council and its Members being very sensitive to the burden on residents.
My last point is, despite all of this, I'm going to leave the lifeline rates up and kind of look at that.
I thank you for being responsive to concerns on that. That is on you and I'm glad you are taking
that on. I'm glad we are taking advantage and thank God the Legislature saw the wisdom of putting
some of these things in place for the State of Indiana. But for me and my focus, in 2019, and I
encourage the rest of the Council, but let's focus on job creation, job retention and an inclusive
economy. Then these kinds of conversations, we can afford to make our houses safe, habitable,
and we have resources as a community to dedicate to these public spaces that we call our streets.
More importantly, the infrastructure beneath it. It is out of everybody's sight and out of
everybody's mind. I think you've been very responsive,reasonable and patient. I think we've had
enough discussion to come to, in my opinion, something that is needed and is very reasonable.
Thank you very much.
Councilmember Oliver Davis stated,One(1), I don't think we have had enough discussion to deal
with one(1) of the greatest challenges the City is going to have to face and that is the CSO issues.
We haven't talked about them and the majority of people in South Bend can't even clarify how
that it is going to affect their life, but it will. From those meetings we had just a couple years ago,
it was clear that was going to affect people's lives and then all of the sudden it went off the map
and people don't want to talk about it.Just because it's off the map doesn't mean it's off the reality
of life and we have to talk about that and put it into context of our bills. We can't just keep piece
mealing this. And the idea that we won't raise anything again over the next few years, when we
may not raise this particular thing, but the next Council can make another type of water thing and
call it something else and raise that. And that is a dollar here. And then they can raise something
else and that's fifty cents ($0.50) there. And then they can raise something else and give a new
name and that's three dollars ($3) there. So, no. We have to put something in perspective and to
say that we'll have to look at what the other cities and states have done when it comes down to
this water. Well the other cities in the State have not had to deal with the kind of CSO issues that
we're having to deal with to the greatest level. Indianapolis has, and they've done some things and
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REGULAR MEETING January 14, 2019
they've been able to deal with that before, but many of our other sister cities haven't had to face
the CSO issues that we have to face. Not all of our sister cities have a river that goes through so
they don't have to deal with a lot of those kind of issues. We do. And we have an older City. We
have to look at that. Again, we have to look at the economy of our City and those kinds of things.
We can't sit up there and say all of that, so I am highly concerned that we are saying things without
having the answers. We didn't do it in January because there were not a lot of answers to the
questions for us to do it in January. And so, therefore, let's be real with that.
Councilmember Regina Williams-Preston stated, I think Councilmember Davis' point is well-
taken. As I sit here and I'm thinking I'll do one (1) thing and thinking I'll do another, what
Councilmember Broden stated about having enough discussion, it made me think that we've had
a lot of discussion. But to your point, I'm not sure how much we've had in public discussion. I
think one (1) of the things I've been thinking of is good legislation comes when we really
understand the impact. We can only do that when we really engage at a different level. I look
forward to hearing from the public tonight but I'm feeling I might need some more discussion.
Again, we aren't actually looking at charging the rates in June and so we do have time. I would
like to move to the public discussion to hear what people have to say.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Pam Claeys, 1106 Bellevue Avenue, South Bend, IN, stated, I came to this meeting not for this
issue, but I have talked to my Council Member about this issue. The concern I raised to her was
about the people who don't have money. I'm glad to see the lifeline rate and I think that is a good
step. I think we need to have money for the sewer projects. I'm not as well versed as you all are
on this, but I think this is a good step in the good direction and I encourage you to keep working
on this.
Robert Stanley, 910 Miner Street, South Bend, IN, stated, I also attended not for this purpose but
having listened to the discussions, I am in support of it. Sewers,roads and other basic utilities like
that tend to be underfunded and forgotten about. Yes, money must be managed wisely, and I have
not gone through the past five(5),ten (10),twenty(20) years to figure out all the increases in fees
and taxes that have gone toward this but in general, this seems like a very reasonable amount that
will be watched closely by the Council. So, with those cautions in mind, I am in support of this
measure.
Sharon Banicki, 3822 Ford Street, South Bend, IN, stated, Councilmember McBride and Teshka,
you haven't been around as long, so you haven't seen everything. In 2014, the Administration
came to the Council and asked for a nine percent (9%) sewer rate increase. The compromise was
five percent(5%) for the next three(3)years. So, it started out at two (2)dollars the first(1St)year,
totaling after the three(3)years in 2017 the increase was a total of six dollars and forty cent($6.40)
a month for residents. In 2015,the Administration came in and asked the Council for a rate increase
for trash. The compromise was it went up a dollar a month starting January 1, 2016, a dollar a
month, again,on January 1,2017 so a rate increase of nineteen percent(19%). In March 2018, the
Administration came in and asked for a water rate increase which the Council approved and was
just approved by the State of Indiana to add an extra four dollars and seventy-four cents ($4.74)to
the water bill. When you add that up it is over twelve dollars($12)a month for the average citizen.
That doesn't sound like much, but your fixed income people went many years without any raises,
one hundred forty-four dollars ($144) a year, every time I turn around, as you can see, the
Administration is coming with their hands out saying we need more money. The citizens cannot
afford it. We can't keep going to the citizens. You're worried about capital improvements? Well,
Smart Streets was a want, not a need. Maybe the money from there should have been used on
sewers and water.You've got to start stopping them from draining the swap because we don't have
any money left. The lifeline sounds great but for someone who makes too much money, they're
screwed, and a lot of people are going to be too proud to come in and ask for help.
Jason Banicki, 3822 West Ford Street, South Bend, IN, stated,You know, for about the last seven
(7) years, we've heard time and time again from this Administration that we have to raise the
salaries of our top Administration officials to attract the best and brightest. We aren't talking two,
three or four percent (2%, 3%, 4%) like they've given the average worker or less. We are talking
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REGULAR MEETING January 14, 2019
twenty, thirty, forty percent (20%, 30%, 40%). You know, initially, we issued a $5 million parks
bond. I love parks but then we increased it to $50 million. Sometimes it has to be about priorities
and infrastructure needs to be a priority. But when you have, and I think Notre Dame's most recent
ALICE Study that just came out showed a forty-three percent (43%) working poor rate, until we
know what those lifeline rates will be and what those thresholds will be, it's hard to say, hey, let's
go forward with this and we will work out all the details later. How about we have all the details
first(1St),and then approve or not approve a measure? Because,not only that,we are going to hear
again that we don't have the money for this or that project. As Councilmember Davis stated, we
don't know what the CSO bill will be. But I expect, in the coming months, we are going to hear
from this Administration, hey, we've got $100 million to move the train station downtown. So
again, what are our priorities? What are our needs and what are our wants? We seem to have put
a lot of money on our credit card for our wants and not our needs, and now we are paying enough
on interest, so we don't have money to cover our basic needs, so the answer has not been going to
our best and brightest to cut back a little bit instead of our asking citizens to. No, they come out
with their hand out again and say, hey, let's just tax a little bit more money when we are already
the second (2nd)highest taxed County, income-wise in the State, and tied for the highest property-
taxed County in the State. These are not things to be proud of Again,until we have more answers,
it's not fair to move forward with this today. To say these lifeline rates are going to be great, we
don't know what they are yet. How can we go forward with it until we know what it is?
Sue Kesim, 4022 Kennedy Drive, South Bend, IN, stated, I've watched this Council for three (3)
and a half years. I've watched you give millions upon millions in TIF dollars to private developers.
The original purpose of TIF, the very original purpose of creating TIF was for infrastructure.
Infrastructure means sewers, water, streets, public safety, things like the Century Center. We've
been dealing with CSO, Combined Sewer Overflow for ten(10) years now. $150 million has been
spent on CSO. Shouldn't CSO have solved a lot of these problems? This proposes to bring in $1.2
million a year but will require a $600,000 new software program to handle the differentiation in
the fees since it will not be applied to everyone evenly. Forty percent (40%), as Jason mentioned,
are designated as struggling, actually forty-three percent(43%). We have a lot of seniors in South
Bend who are on a fixed income. We have a lot of people minimum wage and waiters, when you
say twenty-four dollars ($24), how many more tables is a waiter or waitress going to have to bus
to pay that? I mean, you need to think at street-level. I think there is a priority setting problem.
Infrastructure and citizens, first (1St). I think you need to find the funding elsewhere other than
putting one(1)more thing on the citizens. Cut back on abatements. Hundreds of millions of dollars
have been given in abatements. Hundreds of millions of dollars have been given in TIF. And yet,
here we are supposed to add onto the citizens for their monthly expenses. To me, that is
unconscionable. You know, you seem to be willing to vote for any request that comes by and I just
think it's the wrong priority. I say through the fourteen (14) budget hearings, as you know, I just
feel the priorities aren't straight. I think you need to go back to the drawing board and find a
different way to fund this that doesn't involve, once again, pickpocketing the citizens' wallet.
Jennifer Robinson, 3902 Greenmont Drive, South Bend, IN, stated, I'm here tonight about the
water. I also believe our TIF funds should have been used for our water. We have also been giving
a lot of abatements I don't agree with. It seems like we are giving millionaires tax abatements that
are not needed. I also called around to the other utilities, even Chicago is less than what we pay
for delivery. It doesn't matter whether we use five dollars ($5) worth of water or ten dollars ($10)
worth of water, my water bill is still high because of the delivery fee. Chicago's is twenty-nine
dollars and forty-nine cents ($29.49). I called Niles and theirs was very low as well, Mishawaka's
is low, Osceola's is lower than ours. The only one (1) closest to us was Buchanan and theirs was
thirty dollars and forty-four cents($30.44)for the people with the non-meter. I hope you also,what
Sue said, look at your budget and try to figure out another way to pay for this instead of charging
people in the County and the City for this. Our seniors can't afford it and people on minimum
wage can't afford it either. Whether twenty-four dollars ($24) sounds like a lot to you all, I know
you probably make more than most of the people here, but it is a lot of money. Thank you.
Councilmember Oliver Davis made a motion to defeat Bill No. 61-18. This motion failed with the
lack of a second.
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REGULAR MEETING January 14, 2019
Councilmember Regina Williams-Preston then made a motion to continue Bill No. 61-18 until the
May 13`h, 2019 meeting of the South Bend Common Council. Councilmember Oliver Davis
seconded this motion but then removed his seconding of the motion. This motion then failed due
to the lack of a second.
Councilmember Gavin Ferlic then made a motion to send Bill No. 61-18 to the full Council with a
favorable recommendation. Councilmember Jo M. Broden seconded this motion which carried by
a roll call vote of six(6)ayes and three(3)nays(Councilmember Regina Williams-Preston, Sharon
L. McBride, Oliver Davis).
67-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AMENDING ONE
SUB-PART EACH OF SECTIONS 13-126 AND
13-127, CHAPTER 13, ARTICLE 11 OF THE
SOUTH BEND MUNICIPAL CODE, BY
REMOVING CERTAIN RESTRICTIONS ON
TATTOO PRACTITIONER AND PREMISES
LICENSING
Councilmember Gavin Ferlic, chair of the Community Investment Committee, reported that they
met this afternoon and,due to the lack of a quorum,send this bill forward with no recommendation.
Michelle Adams, Business License Administrator for the Department of Community Investment
with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the
presenter for this bill. Ms. Adams stated, I'm here this evening on behalf of the City to request an
amendment to the Tattoo Establishment and Artist Ordinance, Chapter 13,Article 11, sections 13-
126 and 13-127 which prohibits issuing a license to a person who have been convicted of a felony
or who have been convicted of drug or alcohol violations. These restrictions can prevent a now
law-abiding and deserving applicant from operating a business in South Bend and making a gainful
living. The City is trying to take into consideration that a felony and an alcohol related criminal
conviction may have little to no relevance to the specialized practice of tattoo artistry and that an
approval or denial should not be solely based on past criminal convictions. These types of
restrictions do not apply to all South Bend business licenses. Some examples would be arborist,
auto repair,restaurants and peddlers,all do not have these restrictions.Also,the City of Mishawaka
Indiana removed these criminal conviction restrictions from their tattoo ordinance on April 3rd,
2017. The St. Joseph County Health Department permits them, as well, but does not do criminal
background checks. For these reason, the City would like to have the Tattoo Establishment and
Artist Ordinance amended to allow fair and equitable treatment of all citizens which desire and
deserve to operate a business in the City of South Bend.
Councilmember John Voorde then opened the floor to questions and comments from Council
Members. There were none.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard. There were none.
Councilmember Gavin Ferlic made a motion to send Bill No. 67-18 to the full Council with a
favorable recommendation. Councilmember Oliver Davis seconded this motion which carried by
a voice vote of nine (9) ayes.
68-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING THE
CITY OF SOUTH BEND'S UPDATES TO THE
CITY'S 2013 ADA PLAN FOR PEDESTRIAN
FACILITIES IN THE PUBLIC RIGHT OF WAY
AND ITS TITLE VI PLAN FOR NON-
DISCRIMINATION IN CITY SERVICES,
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REGULAR MEETING January 14, 2019
PROGRAMS AND ACTIVITIES UNDER THE
CIVIL RIGHTS ACT OF 1964
Aladean DeRose, Assistant City Attorney and ADA Coordinator for the City of South Bend with
offices located on the 12th floor of the County-City Building, South Bend, IN, served as the
presenter for this bill. Ms. DeRose stated, It is my privilege and honor to end the public hearing
portion on ordinances with an ordinance that is an antidote to hatred and that is a strong public
policy in favor of non-discrimination. With approval of the City's 2018 Title Six (VI) Plan, and
the update to its 2013 ADA Transition Plan, this Council would be supporting the blueprint of the
City removing barriers to discrimination for those who are disabled in areas of employment and
City facilities, services and programs. It is also a blueprint for the City's assurance of non-
discrimination in City services, programs and activities toward all individuals without
discrimination based on race, color, national origin, sex, gender, sexual orientation, gender
identity, age, military status, English proficiency or income status. There are two (2) laws at the
base of the City's ADA Transition Plan and Title Six (VI) Plan. One (1) is the American's with
Disabilities Act passed in 1990 and effective in 1992, and the Civil Rights Act of 1964. They are
citied on page eleven (11). It says, `...no person in the United States shall, on the ground of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial assistance.'
Even without the federal financial assistance, that is our policy. That is the policy of the City of
South Bend.
Ms. DeRose continued, What we have done, specifically, to create this plan that is to what the
Council has done in its many programs and activities that have fostered openness and non-
discrimination is we have assessed all of the City's infrastructure and have determined whether it
meets accessibility to those with disabilities. We are not perfect, and we do not meet a perfection
standard at this point but that is the goal at some point in time. We have assessed all of the
buildings, sidewalks, all of our intersections and have come up with a rating system particularly
for intersections and sidewalks. Those that serve government facilities are the highest priority.
Those that serve commercial employment centers are second (2nd) priority and everything else is
of lower priority. The time it will take to do the rehabilitation that is needed for full accessibility
is whenever feasible and reasonable. The timetable is promptly and as expeditiously as is
reasonable taking into account the priority that I mentioned previously.
Ms. DeRose went on, The history of South Bend's Plan includes the 2013 Assessment and a 2015
Assessment of all buildings. It includes a timetable of remedying all buildings and all intersections,
sidewalks and crosswalks. We will do that each year as the budget comes around, as funds are
available, and based on the aforementioned priority. With great deference given to those having
disabilities who request certain changes, we will make those. As to the Title Six (VI) portion of
the Plan, that involves providing hearing devices and a full range of services that we offer to those
who are disabled. Examples include trash pick up next to their homes, relief from shoveling
requirements and attempts to find those that might assist and on-street disability parking spaces in
City neighborhoods. For limited English proficiency, the language most frequently used in South
Bend besides English is Spanish. That has a thirteen percent (13%) rate of use, according to the
Census.We have a 311 System that identifies callers' language of origin.We've had 760,000 since
311 was implemented, 2,300 of those were Spanish speakers. We have full translators available,
from 9:00 a.m. to 5:00 p.m. to take those Spanish calls. Interestingly enough, the 2,300 Spanish
calls turn out to be a point three percentage(0.3%) rate of the total cards.
Ms. DeRose continued, All departments will have `I Speak' Cards to identify persons that have
limited English proficiency and translators are available with an online service that most City
departments have already contracted with. There is a voluntary public involvement survey that
will be available at City meetings such as this one(1)and I will distribute those.That is attachment
four(4)to the Plan. That will identify persons,voluntarily,who are perhaps not English proficient,
and it may identify those who are low income so that we can prepare and plan for those individuals.
Environmental justice is also a part of the Plan and that is we are committing that no group of
persons including racial, ethnic or socioeconomic should bare a disproportionate share of negative
environmental consequences from industrial, municipal and commercial operations of the
execution of federal, state, or local programs and policies. That is to make sure that environmental
20
REGULAR MEETING January 14, 2019
hazards do not adversely impact those low-income status individuals.We have a grievance process
and I'm glad to report that all of our grievances that have come to my attention have been solved
informally,promptly and through the system itself. The Plan itself has received initial approval by
the Indiana Department of Transportation on behalf of the Federal Department of Transportation
and also by the Public Works Board in its meeting on January 8th, 2019.
Ms. DeRose went on, Finally, I would like to say this Plan dovetails with the City's Diversity and
Inclusion Plan. But, in fact, the Diversity and Inclusion Plan is even broader and more
comprehensive because it provides a way of addressing the subtler forms of discrimination and
those are the subconscious biases that people have such as the use of language that is not inclusive
and terms that are not gender neutral. So, with this Plan and the City's Diversity and Inclusion
Plan, I believe that we can be the model City for the State of Indiana. I believe this strong public
policy tell those who would hate that this is not tolerated in the City of South Bend.
Councilmember John Voorde then opened the floor to questions and comments from Council
Members.
Councilmember Oliver Davis stated, Thank you for all the work you've done. I really appreciate
the effort and it really ties into everything we have been talking about tonight. You said there was
a survey done regarding the different elements of places that need to be done. Now when you came
up with that information, did you rank them all?
Ms. DeRose replied, We did not rank them. What we did was all City-service buildings are of the
same rank. Government Centers are of the highest priority.
Councilmember Oliver Davis interrupted, Let me put it this way. When you evaluated that
situation and you realized that some are at higher levels than others,then do we, after we pass this,
as a part of that process, do we wait until we get a complaint to make the change? Or since in our
own evaluation, we saw it, and we can go ahead and take it to the level? Where are we on that?
Ms. DeRose replied, What we want to do is be ahead of the curve, of course, and to maintain. We
know where there are deficiencies and they have been identified. That is the point of a self-
assessment is to identify the deficiencies and to remedy them as quickly as possible without
waiting for a complaint. We don't want a complaint. So, in fact, and there is a caveat in the Plan,
this survey was done in 2015. Since that time, there have been many positive changes made in
these buildings and facilities, and a lot of improvement. We have not gone back and had the full-
scale assessment because we know the Venues, Parks & Arts Department is doing some large-
scale improvements to the parks system and we want to wait until that occurs. We think it will
show a big improvement.
Councilmember Oliver Davis interjected, I'm at peace, thank you.
Councilmember Jo M. Broden stated, Thanks, too, for your work on this. I would like to, if we
could,possibly look at rounding out the record. You know,you point to the historic funding going
to our parks. Most of that,in the neighborhoods,is dedicated and directed to improving something
as basic as our restroom facilities, right? While it may not have high excitement for most people,
it certainly gets to accessibility, right? So, I guess I would like to somehow, either enter into the
record or tie to this, pin to this, your presentation tonight the My SB Parks website and list of
projects. We, as a Council,have funded those and have given historic funding toward. And I guess
as those get accomplished and checked off the list, why not announce and celebrate the
improvements that are made?To that point,this Council also funded, for 2018,a PR person within
our Department of Public Works. I think, frankly, there is no better task than to announce and
celebrate as these things come online and get done. Why wait until another self-assessment? Let's
amplify what we are chipping off here. Then my last piece is, similarly to round out the record, is
the Diversity and Inclusion report, in its entirety, actually included as an addendum to this
document?
Ms. DeRose replied, Not in its entirety. It is only referred to.
Councilmember Jo M. Broden followed up, Ok, I guess I would like, for our public record on this,
because that is a very comprehensive document and its evergreen, and we are working on it, and
the Council has had the benefit just recently of an update from Ms. Brooks as the Officer, if there
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REGULAR MEETING January 14, 2019
is a way to kind of marry those things in the record. We have opportunities to approve things like
this and if we could also point the public to the things that are getting done,the things that we have
done, and I think all the better. I would like to ask that these specific things we linked to, or at least
at a minimum, our notes and minutes of discussion on this. The My South Bend Parks, the list of
projects in those parks, and then the Diversity Inclusion Report. There are minutes of the update
where Christina Brooks came before Council and gave us a very thorough update. I think that
would help round out the record.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard. There were none.
Councilmember Gavin Ferlic made a motion to send Bill No. 68-18 to the full Council with a
favorable recommendation. Councilmember Karen White seconded this motion which carried by
a voice vote of nine (9) ayes.
RISE AND REPORT
Councilmember Jake Teshka made a motion to rise and report to full Council. Councilmember
Regina Williams-Preston seconded the motion which carried by a voice vote of nine (9) ayes.
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the Council
Chambers on the fourth floor of the County-City building at 9:13 p.m. Council President Tim Scott
presided with nine(9)members present.
BILLS —THIRD READING
BILL NO.
59-18 THIRD READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1405 & 1505 EAST
HOWARD STREET, COUNCILMANIC
DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
Councilmember Oliver Davis made a motion to adopt Bill No. 59-18. Councilmember Regina
Williams-Preston seconded this motion which carried by a roll call vote of nine(9) ayes.
61-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 17 OF THE SOUTH BEND
MUNICIPAL CODE TO ADD A NEW ARTICLE
14 ESTABLISHING INTERIM STORM WATER
UTILITY RATES AND AMENDING CHAPTER
2, ARTICLE 14 TO CREATE A NEW FUND FOR
THESE REVENUES TO BE KNOWN AS THE
STORM SEWER FUND (#667)
Councilmember Gavin Ferlic made a motion to adopt Bill No. 61-18. Councilmember Jo M.
Broden seconded this motion which carried by a roll call vote of five (5) ayes and four (4) nays
(Councilmember Sharon L. McBride, Oliver Davis, Karen White and Regina Williams-Preston).
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REGULAR MEETING January 14, 2019
67-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AMENDING ONE
SUB-PART EACH OF SECTIONS 13-126 AND
13-127, CHAPTER 13, ARTICLE 11 OF THE
SOUTH BEND MUNICIPAL CODE, BY
REMOVING CERTAIN RESTRICTIONS ON
TATTOO PRACTITIONER AND PREMISES
LICENSING
Councilmember Gavin Ferlic made a motion to adopt Bill No. 67-18. Councilmember Oliver Davis
seconded this motion which carried by a roll call vote of nine (9) ayes.
68-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING THE
CITY OF SOUTH BEND'S UPDATES TO THE
CITY'S 2013 ADA PLAN FOR PEDESTRIAN
FACILITIES IN THE PUBLIC RIGHT OF WAY
AND ITS TITLE VI PLAN FOR NON-
DISCRIMINATION IN CITY SERVICES,
PROGRAMS AND ACTIVITIES UNDER THE
CIVIL RIGHTS ACT OF 1964
Councilmember Oliver Davis made a motion to adopt Bill No. 68-18. Councilmember Gavin Ferlic
seconded this motion which carried by a roll call vote of nine(9) ayes.
RESOLUTIONS
BILL NO.
18-73 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED AT 1718 MARINE
STREET
Bill No. 18-73 was withdrawn by request of the petitioner.
BILLS ON FIRST READING
BILL NO.
01-19 FIRST READING ON AN ORDINANCE TO
VACATE THE FOLLOWING DESCRIBED
PROPERTY: NORTH/SOUTH ALLEY 14' IN
WIDTH RUNNING NORTH APPROXIMATELY
130' FROM NORTH RIGHT OF WAY OF
BRYAN STREET TO EAST/WEST ALLEY
Councilmember Jake Teshka made a motion to send Bill No. 01-19 to the Public Works and
Property Vacation Committee for their January 28th,2019 meeting for Second Reading and Public
Hearing. Councilmember John Voorde seconded the motion which carried by a voice vote of nine
(9) ayes.
02-19 FIRST READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 2307 EDISON
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REGULAR MEETING January 14, 2019
ROAD, COUNCILMANIC DISTRICT NO. 4 IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Jake Teshka made a motion to send Bill No. 02-19 to the Area Plan Commission
for their February 19th, 2019 meeting and to the Zoning and Annexation Committee for their
February 25th, 2019 meeting for Second Reading and Public Hearing. Councilmember John
Voorde seconded the motion which carried by a voice vote of nine (9) ayes.
03-19 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER SIX
OF THE SOUTH BEND MUNICIPAL CODE BY
ADDING A NEW ARTICLE 14 TITLED
RENTAL SAFETY VERIFICATION PROGRAM
Councilmember Jo M. Broden made a motion to send Bill No. 03-19 to the Health and Public
Safety Committee for their February 11th, 2019 meeting for Second Reading and Public Hearing.
Councilmember Jake Teshka seconded the motion which carried by a voice vote of nine(9) ayes.
UNFINISHED BUSINESS
BILL NO.
19-01 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED AT 3602 WEST
SAMPLE STREET
Councilmember Jake Teshka made a motion to send Bill No. 19-01 to the Zoning and Annexation
Committee for their January 28th, 2019 meeting for Second Reading and Public Hearing.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine(9) ayes.
NEW BUSINESS
Council President Tim Scott requested the Utilities Committee convene a meeting to discuss the
CSO Plan and subsequently, its update.
Councilmember Gavin Ferlic made a motion to reopen Third Readings. Councilmember Oliver
Davis seconded this motion which carried by a voice vote of nine (9) ayes.
Councilmember Gavin Ferlic then made a motion to adopt the Substitute version of Bill No. 68-
18. Councilmember Karen White seconded this motion which carried by a voice vote of nine (9)
ayes.
Councilmember Oliver Davis made a motion to close Third Readings. Councilmember Jake
Teshka seconded this motion which carried by a voice vote of nine (9) ayes.
Councilmember Regina Williams-Preston announced, Tomorrow night, The Community Forum
for Economic Justice will host a forum to discuss the RSVP, the Rental Safety Verification
Program. That is Tuesday January 15th, 2019 at 6:00 p.m. at the LaSalle Library. This is an
opportunity for the community and anybody. We will have testimony from landlords, renters and
homeowners in the neighborhood.This is an opportunity to learn more about the ordinance coming
up.
Councilmember Jo M. Broden stated, The Solid Waste Management District met again for our
monthly meeting today. We did approve a County-wide household hazardous waste fee for the
year. Contemplated was eleven dollars ($11) for the entire year. That was moved down to nine
dollars ($9) and was amended in the course of the meeting. That would include an exception for
Mishawaka residents as they are already paying by way of their municipal taxes to support the
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REGULAR MEETING January 14, 2019
satellite location that the Solid Waste Management District approved and has an ongoing contract
with now. The recycling fees went from thirty-five ($35) dollars to thirty-four($34).
Council President Tim Scott announced, Thursday is Mayor's Night Out at the Charles Black
Center at 5:30 p.m.
Councilmember Oliver Davis stated, There was an article today about the Police Department and
in terms of its diversity. Is there any way we could have an update with our Health and Public
Safety Committee to address the findings of that article?
Councilmember Jo M. Broden replied, I would be delighted to handle that.
Councilmember Sharon L. McBride announced, On Monday, January 21st there will all-day
celebrations for Dr. Martin Luther King, Jr. Day. The breakfast kicks off at the Century Center at
7:00 a.m. and there are festivities going on all day. I encourage everyone to participate.
PRIVILEGE OF THE FLOOR
Council President Tim Scott stated, The South Bend Common Council begins a new year with its
first substantive public meeting of the year tonight at 7:00 p.m. The Common Council welcomes
and encourages full and open discussions on all issues under the jurisdiction of the City. In order
to promote such a free exchange of viewpoints, however, it is necessary to limit all discussion to
just those issues. Adding a caveat, there are many avenues to contact these Council members
individually and as a group. Items on the published agenda are items under the City's jurisdiction.
In some cases, issues raised by individuals during the Privilege of the Floor portion of the meeting
are not within the City's jurisdiction. Examples of such issues are issues within County, State or
Federal jurisdiction,matters of personal and/or confidential nature,and matters relating to Council
members `employment unrelated to the City's jurisdiction' such as myself in manufacturing. The
Privilege of the Floor portion of the Council meeting comes toward the end of each meeting. This
notice of what is permissible during Privilege of the Floor is meant to avoid persons waiting
through the earlier portions of the Council meeting and then being advised that an issue not within
the City's jurisdiction cannot be raised and asked to be seated. Therefore, South Bend Municipal
Code Section 2-12, Common Council Meetings, Order of Business, Privilege of the floor:
Individuals who wish to address the Council must state their name and residential address.
Individuals will be limited to three (3) minutes only. The maximum time limit for this portion of
the meeting shall be thirty(30) minutes. Individuals may address only issues over which the City
has jurisdiction. Individuals shall not be permitted to address topics which the Council has heard
previously on the agenda. The Council President may assign a topic raised by an individual during
the Privilege of the Floor to the appropriate Council Member; and/or request the City Clerk to
contact a member of the City Administration for review and comment. All topics assigned shall
be responded to at the next regularly scheduled Common Council meeting.
Rod Goodchild, 837 South 24th Street, South Bend, IN, stated,Yes,we got it done(referencing the
handout he provided which is available in the City Clerk's Office). The project has been done.
Again, we had eight (8) people there that spoke and they did a wonderful job. I can't thank
Councilmember Oliver Davis enough for the kind words he had. It was a tremendous culmination
of a project. We have the Indy 500, I'm sure you're all aware of that. We have the Little 500, I'm
sure you're all aware when they go down to Bloomington they ride around on bicycles. Well, we
got a track,we have eleven(11)between twenty(20) and forty(40) foot trees. You ask, what does
that have to do with the Indy? Because they're all tracks. If you have tracks, you have to have
people. If you have people, three (3)weeks before the Indy 500, everybody comes to Indianapolis
because it's a ride of tradition. Everybody from all the schools surrounding us come to Potawatomi
Park.Why?The three(3)weeks before you get summer break you get to go as elementary students
to see the zoo. They come to the zoo,they get lunch and then they do nothing. They can go, as the
Administrators said,play at playgrounds all the time but we want something special. What do you
have? We've got the Indy 500. We've got the Little 500. We've got a half mile track with eleven
(11) twenty(20) to forty(40) foot trees. And you ask, what does that have to do with any of this?
It's the wow effect,people.When you see a twenty(20)foot carving and these elementary students
get the privilege to see what sustainability and what South Bend is all about, I know we are second
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REGULAR MEETING January 14, 2019
(2nd) to Bloomington, but we have something that is unique. Nothing else like it is in the entire
Midwest. We have people from the west coast come. We had administrators from Michigan
schools come and they said we have something here that nobody else has. Nobody else has. What
are you doing with it? How much did it cost the City? Zero (0). And even Buttigieg said if I got
zero (0), I got zero (0) in my pocket. That's zero(0),times zero (0) for the taxpayers,that is a win-
win. What are we talking about? It gives you the opportunity to say, one (1), we could just put
signs up and let the public see them and that's it. Two (2), we could have the Native Americans
come because we got the one(1) thing they asked for and that was the flag after all of those years.
Itis flying now, Potawatomi Nation. Or,three(3), we could get the zoo with all their people to get
the program going because I passed the torch and I never lost a race when I was in a relay. You
pass the torch, you're the community leaders, and you've got it all right now. This is the map that
everybody asks for. A freebie to the City of South Bend. Thank you very much.
Sharon Banicki, 3822 Ford Street, South Bend, IN, stated, Just to clarify, the recycling went up
six dollars ($6) a year and the hazardous waste went down two dollars ($2) a year so it's still an
increase of four dollars ($4) a year. So you know, more fees people can't afford, but I digress.
Right before Christmas, I came home and my neighbor called me and we're not sure what
happened,why it happened or how it happened,but our street went from street lights one(1) every
block and a half to every half block there are now street lights. I realize I live more on a main street
but it has really brightened up the neighborhood and lightened up the streets. It ends at one (1)
intersection and I don't know who to thank for doing it. I don't know how it happened but thank
you. I would like to see it on more streets as possible because it does end at Sheridan Street, but it
does hit the worst area of where I'm at.
Councilmember Karen White stated,This is the second(2nd)round of Light Up South Bend where
we are going into the various districts and we plan to continue until we are at a level we are very
comfortable with. It is a partnership with AEP. This is a result of a neighborhood association
sharing with us their concern of not feeling heard. We asked them what they want to see and they
said one (1) was the lights and the other was curbs and sidewalks. I'm glad you got light.
Ms. Banicki continued, Yes, we have light. It's been noticed. It truly is amazing, so, this summer
it will really pay off when the kids can't hide in the shadows, I'm sure. So thank you.
Drew Duncan, 2023 Miami Street, South Bend, IN, stated, I've been in a dispute with Parks and
the Studebaker Golf Course about this. So the City has come through and, graciously, replaced a
large portion of this fence from the parking lot of the golf course up to the intersection of High
Street and Donald. At that intersection, the fence raises its level about four(4) feet. And this is the
old chain link fence. Engineers would tell you chain link is not meant to be built that high and, so,
I actually own property that is in the old fenced side of the Studebaker Golf Course and we are
experiencing a ton of issues on that High Street section of that fence. We've had to replace about
seven hundred dollars($700)worth of broken windows,our neighbors have replaced about$1,200
of broken glass, one (1) of those includes a residential window and a car window from golf balls
and things like that. But also, this fence. If you're a property owner, it has a lot of vacant and
abandoned properties on it. Very intentionally, I bought a property on this street. Some would
think very stupidly, but I bought a property on this street but it was important that someone invest
in that street and in that neighborhood. Now that I have a stake in the neighborhood, I would like
to be pointed in the right direction of who I need to talk to in order to get this taken care of. The
fence is in disrepair. Earlier this past year, it was leaning onto my property and we pushed and
finally they came out and cut trees but we had an issue with that. There were trees left in our
backyard and things like that, and so,because the fence is so old,there are pieces of trees that have
grown into the fence so that when the golf course cut them, while we're very grateful for these
things, there are large hunks of tree in the fence. It leans over into people's properties and it is an
eye sore. It means the fence is not working properly. I would like to know who I need to talk to.
Council President Tim Scott encouraged Mr. Duncan to speak with Councilmember Sharon L.
McBride, Chair of the PARC Committee.
Sue Kesim, 4022 Kennedy Drive, South Bend, IN, stated, Happy New Year, everyone. I wanted
to say that. I had a nice conversation with Councilmember White about my recommendations to
improve the budget process. I know you were hoping not to Chair it, but hey, we're back again!
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REGULAR MEETING January 14, 2019
And so, I think the main thing is, at the very beginning of the year, I would like to see an overall,
comprehensive view on our starting point. Where are we on TIF? We are at thirty-five percent
(35%)on TIF in South Bend,thirty-nine percent(39%)in Mishawaka. A comprehensive report on
all the debt and debt service because that is going to affect our cash reserves, our principal and
interest together we have to pay every year. Where we are on CSO, which Councilmember Davis
mentioned. A running total of abatements, how many abatements you've given and what that
means and if you're going to set a limit on that. When I was at the Park Board meeting, Aaron
Perri mentioned the Parks will be out of money in two (2) years and the bonds will be used up.
That needs to be considered because the citizens will be paying on those bonds for the next twenty
(20) years but the money will be gone in two (2) years. I would also like to see a starting point on
where we are on roads. I think I brought up that we had fifty (50) to eighty (80) lane miles that
were unattended to last year. I think we need to start with infrastructure and make that a priority.
We need to see exactly from Eric how many roads are critical and the different levels. We need to
know where we are with curbs and sidewalks. And then I think it's really important in terms of
infrastructure,when I went to the budget hearings, Eric's budget for infrastructure had a$9 million
deficit. I think we need to change the priority to make sure he is well funded. Overall, we will be
hitting the circuit breaker in 2020 and that means the whole County. I think everyone needs to be
on the same page,especially since South Bend has thirty-five percent(35%)in TIF and Mishawaka
has thirty-nine percent (39%), we're going to be hitting that wall real soon. I think all the
municipalities, and the County,need a comprehensive report on all the debt, all the TIF and know
where we are. That 2020 is less than a year away. Thank you very much and I appreciate all
Councilmember White's work on the budget. Fourteen (14) budget hearings we trudged through
together. I know I had a ton of questions and I appreciate you working on that.
Vice President Karen White stated, Part of the Personnel and Finance report, questions were
attached. We actually started the process for the 2019 budget in December 2018 and started talking
about TIF. We will have a series and the next meeting will be on the fiscal cliff. We are starting
the process much earlier.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 9:41 p.m.
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