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HomeMy WebLinkAbout06-11-12 Common Council Meeting Minutes REGULAR MEETING JUNE 11, 2012 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, June 11, 2012 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the May 29, 2012 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 4191-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING CONSUELLA’S ACCOUNTING & TAX SERVICE WITH THE “MAY 2012 SOUTH BEND BUSINESS OF THE MONTH AWARD” Whereas, the South Bend Common Council notes that communities need a wide variety of quality businesses to serve the multi-faceted needs of our residents and organizations; and Whereas, the Common Council is especially proud to recognize that in 2005, the Indiana Secretary of State approved the incorporation of Consuella’s Accounting & Tax Service located at 2217 Lincoln Way West in South Bend, Indiana; and Whereas, the Common Council further recognizes that Consuella’s Accounting & Tax Service is known as a “growth-oriented regional accounting firm” whose goal is “to provide [their] clients with a higher level of quality service”; and Whereas, Consuella’s Accounting & Tax Service is especially well known for valuing their clients by incorporating many innovative techniques which are based on 1 REGULAR MEETING JUNE 11, 2012 leadership and teamwork as they honor their professional obligations to the public in providing the best possible services. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council is pleased to publicly present to CONSUELLA’S ACCOUNTING & TAX SERVICE with the “MAY 2012 SOUTH BEND BUSINESS OF THE MONTH AWARD”. Section II. The Common Council thanks CONSUELLA HOPKINS, the President and CEO of CONSUELLA’S ACCOUNTING & TAX SERVICE who started this business after fifteen (15) years of accounting, banking and tax preparation experience at leading financial institutions, and who has provided the leadership necessary to create and maintain this outstanding business. The Council would especially like to thank CONSUELLA HOPKINS and all the employees of CONSUELLA’S ACCOUNTING & TAX SERVICE. You are an excellent example of a local business which truly benefits our entire community through participating in annual community clean-ups, and providing opportunities for others to be platinum and gold supporters in helping to clean and beautify our city. Congratulations, and we wish you continued success in the future!!! Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Henry Davis, Jr., made the presentation for this Resolution by reading it in its entirety, offering his comments and presenting it to Ms. Consuella Hopkins. A Public Hearing was held on the Resolution at this time. Ms. Hopkins thanked the Council for this honor. Councilmember’s Scott, White, Oliver Davis and Dieter offered comments and thanked Ms. Hopkins for her dedication to the community. The thanked her for her efforts and clean-up of the Lincolnway West Gateway. They stated that they look forward to helping next year on the clean-up and beautification. Ms. Hopkins’ family member’s commended her for being such a caring and giving person. Councilmember Oliver Davis made a motion to adopt this Resolution by acclamation. Councilmember Scott seconded the motion which carried. THANK YOU CARD – NAVARRE INTERMEDIATE STUDENTS City Clerk John Voorde read a thank you card from the Students from Navarre Intermediate Students thanking the Council for hearing their concerns regarding the playground equipment at Belleville and Kennedy Park. 2 REGULAR MEETING JUNE 11, 2012 REPORTS OF CITY OFFICES There were no reports from city offices at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:27 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 12-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to continue this bill until the June 25,2012 meeting of the Council, due to the last meeting being scheduled on Tuesday in observance of the Memorial Day Holiday there was insufficient advertising time. Councilmember Henry Davis, Jr., seconded the motion which carried by voice vote of nine (9) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Henry Davis Jr., seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:28 p.m. Council President Derek Dieter presided with nine (9) members present. BILLS – THIRD READING BILL NO.08-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, DOUGLAS ROAD LAND PARTNERS SOUTH, LP, 17201 DOUGLAS ROAD 3 REGULAR MEETING JUNE 11, 2012 Councilmember Dieter made a motion to continue this bill until the June 25,2012 meeting of the Council, due to the last meeting being scheduled on Tuesday in observance of the Memorial Day Holiday there was insufficient advertising time. Councilmember Henry Davis, Jr., seconded the motion which carried by voice vote of nine (9) ayes. RESOLUTIONS BILL NO.12-47 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 319 NILES AVENUE, SOUTH BEND, INDIANA, IS NECESSARY FOR USE AS GENERAL OFFICE SPACE Councilmember Varner made a motion to accept the substitute version of this bill. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with no recommendation. th Aladean DeRose, Interim-City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. She also advised that she is the Attorney for the South Bend Human Rights Commission. Ms. DeRose advised that rarely with her history with the City Attorney’s Office has the administration come before the Council regarding an outside lease. But the statute in Indiana Law permits an outside lease that is a property that is not owned by the City if it is necessary and if the rent is reasonable. This is a situation in which both of these are true and which is a particularly important matter to the City. The South Bend Human Rights Commission investigates claims of discrimination by those who are aggrieved in employment and in housing on the basis of race, sex, religion, disability, color, national origin and recently sexual orientation and sexual identity. She stated that it functions as a quasi-legal agency and as such requires confidentiality for those who come to discuss their claims. It should be fully ADA accessible recalling that we administer the ADA for the City of South Bend. The Americans with Disabilities Act (ADA) She stated that it should be convenient to low-income persons because those are primarily the persons that come before the commission with their complaints. By convenient she means located near a bus line/route. She stated that the commission has over 1,000 inquiries a year and investigates 150 cases a year a probably has that many claimants coming within its building. It holds meetings, it holds public hearings, and it holds reconsideration hearings, all of a quasi-judicial nature. At this time the space in which the Human Rights Commission is housed is inadequate totally. The City became aware of this about two (2) years ago when members of the Commission themselves contacting the Engineering Department with their observation that the carpeting was torn in many places creating hazards for tripping. There were many wires and devices such as power strips showing indicating inadequate electricity. The City Engineering Department and the Safety & Risk Officer came and did an inspection and an evaluation and determined that not only were these a problem, but there were severe structural problems. Including that the electrical system was inadequate, the basement was not safe for egress due to the difficult operation of the garage door, the heating system was inadequate, the air conditioning was not in working order, insulation was needed in the roof and the roof was leaking in several areas. She stated that they did a study and concluded that the cost of this refurbishment would be in excess of $50,000 and perhaps up to $250,000. $50,000 was the low end just to bring the building to the point where people could walk in it safely, not included in that would be the cost of the heating and cooling and roof repair, major 4 REGULAR MEETING JUNE 11, 2012 components. By the way of history the Human Rights Commission was located within th this building located on the 14 Floor. She stated that about 10 years ago, because of the growth of city departments a new home was needed for the Human Rights Commission and that is why the building where they are located at 301 S. St. Louis was located. There was nothing else available at that time and to the best of her knowledge there is nothing available today in which to place the Human Rights Commission. The building at 301 S. St. Louis is beautiful, it is a WPA structure, built in 1939 on the national register of historic places. But, it cannot safely house the Human Rights Commission. So that brings us to why we are here this evening, and that is that the City has located a property that meets all the three basic requirements of the Human Rights Commission. 1.) That there be a place for confidentiality, where confidentiality can be preserved, which is fully ADA accessible and which is convenient and located within a bus line/route, such as the building located at 319 Niles Avenue. The statute which authorizes the entry into a lease requires simply that the Common Council make a finding that this lease is necessary and that’s what the Resolution that they have provided offers. She advised that she had drafted a substitute bill and offer that in lieu of the bill that was originally presented because it contains more factual assessment of what occurred at the Public Works meeting which is the required place for the public hearing on the issues of necessity and reasonable of the lease. She stated that in terms of the issuance of reasonableness of the lease, she stated that she has present a member the Administration and Finance Department, who was part of the search process and that the City looked at 31 different properties and narrowed it down to six and of those six the one that is located at 319 Niles meets all the test and requirements. She stated that the City of South Bend’s Purchasing Manager with the City’s Department of Administration & Finance is here tonight to discuss the reasonableness of this lease in light of the other options that were available. She stated that they are asking the Council to adopt this Resolution. She stated that the amended bill was made available to the Council prior to this evening’s meeting and two sections are revised from the previous version just to be more consistent with the public hearing at the Public Works Board, with is the leasing agent for the City under the statutory framework. She stated that this is extraordinary, it happens very rarely, and if any office of the city deserves and needs new space, it’s the South Bend Human Rights Commission. Councilmember Oliver Davis asked what the target date to move and relocate? He stated that he has been at the Human Right Commission Office and they need to get out of their quickly? Ms. DeRose stated that their target date is really the Council process and then the preparation of a lease. What they have presented to the Council and what they have presented to the Board of Public Works is a lease for $3550 per month. She stated that they are still in negotiations and hoping to reduce that lease price by a few hundred dollars at least and hope to do that within the next few weeks. She stated that they also need the funding, there will be a request for a transfer of funds out of the special services the Administration & Finance Department to the Human Rights Department so it is money already within the Department of Administration & Finance being transferred to the Human Rights Commission and that will take special action by they Council. When that is done they hope to get moving. Councilmember Oliver Davis stated once that is completed and hopefully everything is passed favorably, what are we looking at? Ms. DeRose stated that the Commission would like to be there yesterday, realistically, st they are probably looking at the very earliest and hopefully the 1 of July. But that assumes that everything gets done in proper order. Councilmember Oliver Davis asked if the rent included utilities. Ms. DeRose advised yes. Councilmember Oliver Davis asked how much are the utilities? 5 REGULAR MEETING JUNE 11, 2012 Ms. DeRose stated that she did not have that information. But she did know that the roof is not insulated, the heating is extremely high, and the electric is extremely high, because they have to use space heaters. She stated that she estimates those costs are higher than the average because it is not energy efficient. Councilmember Scott wanted to clarify when he asked about the list of properties. He asked if this list is of all the properties that the city owns. Ms. DeRose stated yes to the best of her knowledge. Councilmember Scott advised that we could filter it down to probably the list of properties that the city owns that are vacant? He stated that his concern is: is there a property that we own that could fit the bill? Ms. DeRose advised that she is sure and would have the City’s Purchasing Manager Phil Custard confirm that. But when we put the South Bend Human Rights Commission in that building originally, that was the only building that fit their needs. This is a quasi- judicial legal agency of the city and it’s office space, it has to be office space, and it has to have a conference room and all of that has to be, rooms have to be made confidential at that time about ten years this was the only building that fit, so they looked at others at that time. She stated that she could only assume that without additional inventory there’s really nothing else that will match for them. She stated that was the exercise because, they certainly don’t want to incur any additional expense, particularly in these times of difficulty for our citizens. Councilmember Scott stated that it was said earlier in the committee meeting this afternoon that there is going to be a build out at the Niles building about $250,000. Ms. DeRose stated no. Councilmember Varner stated $45,000. Ms. DeRose concurred its $45,000 and that it would be payable over the 5 years of the lease and a component of the rent. Councilmember Scott stated that was his only concern that due diligence was done that we looked at vacant buildings that the city owns. Councilmember Valerie Schey asked if they would demolish the existing building. Ms. DeRose stated that they cannot, this is a National Landmark, it’s on the National Register, it’s a WPA building. She stated what they will have to do is “moth ball” it. Make sure that it is preserved so that it is in tact. When the city can make reasonable improvements to it, she assumed they will do it. She advised to keep in mind that the Human Rights Commission uses both floors. Ultimately, the basement need not be used, but the Human Rights Commission must have the basement area, it’s where the housing director was located, and must be ADA approved. The first floor could be used for another use. Councilmember Valerie Schey asked if the City owns that building. Ms. DeRose stated yes, the do own it. It was part of the Parks Department. Council Attorney Kathleen Cekanski-Farrand stated for a point of information, typically we just advertise by title, in this situation we advertised the entire bill, the fact, that a substitute version has been accepted, will that affect the State Law. Mr. DeRose stated that it will not. She stated that the only thing that the State Law requires is that there be five things and all of those are within this bill. The identity of the landlord; the term of the lease, the rent payments per month; the number of years of the 6 REGULAR MEETING JUNE 11, 2012 lease and that the rent be reasonable and that there be a necessity for it. She reiterated that all the requirements of statute are met in this version and the previous version. Councilmember Henry Davis asked how often the city requires the Building Department and Code Enforcement to go out and inspect the buildings that the City owns to make sure they are up to code. Clearly this has been a problem for the Human Rights Commission for a couple of years and if this building is in the condition that it is in, he doesn’t advocate for any employee of the City of South Bend to work in sub-par conditions. He stated that this should be done before we start shelling out money for leases. He stated that he would like to make a recommendation to make sure that this happens. He stated that if we adopt this, other departments might come before the Council saying the same thing. He asked President Dieter and Council Attorney and Clerk’s Office to send a letter out to the administration requesting that the action takes place. Get an update on city owned properties and where departments are actually at to make sure that they are up to code. He asked if the Human Rights Commission is outfitted to an optimum level when it comes to technology when it comes technology in that building. Ms. DeRose stated in the current facility no. Councilmember Henry Davis, Jr., stated that he believes technology is important because when we are using these computers sending e-mails back and forth, and the Human Rights Commission operates at a very high level, and so communication can be passed back and forth, whether it’s through paper or electronic transfer. He stated that would be his second recommendation. He stated that it was mentioned that the Human Rights Commission got over 1,000 complaints per year. Ms. DeRose stated that they are inquiries. Councilmember Henry Davis, Jr., asked how many of those inquiries come from outside the City of South Bend. Ms. DeRose advised that the Human Rights Commission keeps those records, and does not have those records with her. She stated that they report that monthly, how many persons call in, how many persons walk in, and how many persons are from within the county, how many are from outside. Councilmember Henry Davis, Jr., stated the reason that he asked that question is because, when the Council had the last Human Rights Ordinance come before them, he noticed that a lot of the addresses that people gave as their property addresses, there were many from outside the City of South Bend. He stated that people who come to the Human Rights Commission are from Granger, Mishawaka and other various cities outside of South Bend. He stated that he would like to make a recommendation that the South Bend Human Rights Commission is not necessarily a city entity, but a county wide entity so that they have wider and larger arms to deal with some of the issues that this department actually tackles on a day to day basis. He stated that he thinks that it would be more valuable for all the parties and people who live in the St. Joseph County area. He stated as of right now he is not very comfortable in dealing with this right now, and there is a larger issue that goes into play when we begin to carry on as “business as usual.” He stated that he is not against their working conditions, he believes that everyone deserves to be in a comfortable environment, but when we begin to not look at the larger picture, we kind of get hung up with smaller things rather than operating at larger level that would enhance the lifestyle and the quality of life that the people that live in the City of South Bend and St. Joseph County right now. Councilmember Dr. Fred Ferlic asked if this was a federally mandate program? Ms. DeRose advised yes it is. Councilmember Dr. Fred Ferlic asked if the City of Mishawaka has one. 7 REGULAR MEETING JUNE 11, 2012 Ms. DeRose advised no. She stated that it is federally mandated but it is optional whether local communities or local government set up their own Human Rights agencies. The South Bend Human Rights Commission was one of the first human rights agencies within the State, probably one of the first in the nation. Ms. DeRose and Ms. Cekanski-Farrand stated that they believe it began in 1973. She stated almost ten years after the Civil Rights Act was passed. Councilmember Dr. Fred Ferlic asked if St. Joseph County had one. Ms. DeRose stated that the county does not. Councilmember Dr. Fred Ferlic asked what is their annual budget. Ms. DeRose advised that she does not have that information, but what she does know of it, is that most of it is furnished by the Equal Employment Opportunity Commission (EEOC), which has designated South Bend as one of its local agencies to receive it claims. She stated to answer Councilmember Henry Davis concerns, people can file claims with the Human Rights Commission who don’t live within the City of South Bend and the commission gets paid for those claims by the EEOC. She stated that they cannot investigate; they refer those to either the Indiana Civil Rights Commission or the Equal Employment Opportunities Commission. Councilmember Dr. Fred Ferlic asked if we get paid for South Bend residents. Ms. DeRose stated that they do get paid for South Bend residents. Councilmember Dr. Fred Ferlic asked if it was fully federally funded. Ms. DeRose advised that most of the commission budget is federally funded. She stated that there is a small portion funded by the City and the City provides her services to the Commission and that is a form of cost allocation. She stated that there is another component of city funding. She stated that the Department of Housing and Urban Development contributes for the housing investigations that they do and the EEOC contributes for all of the employment discrimination cases that they do. Council President Dieter asked if this list includes Redevelopment property. Ms. DeRose advised that she does not know. She asked to have a list of all the properties owned by the city. Council President Dieter stated that he believes the list of Redevelopment properties is at least as big as this. He stated that he would like the Council to have a list of Redevelopment properties, because he knows it’s a lot bigger than this list. He stated that there is probable office space and he doesn’t know if they even went and looked at that. Ms. DeRose advised that they did and Mr. Inks was present this afternoon. She stated that she knows that they have done a thorough job of looking at anything that would be amenable to this usage. Council President Dieter advised that for the record he would like to get that list, so that they have that also. Councilmember Oliver Davis asked if the City of Mishawaka contracts services or in the plans of contracting services. Ms. DeRose advised that there is discussion and dialogue going on between South Bend and Mishawaka. She stated that Mishawaka has not contributed anything at this present time. She stated that they do help sponsor the Human Rights Awareness Luncheon that took place at the end of April. She stated that she believes that contribution is about $5,000. 8 REGULAR MEETING JUNE 11, 2012 Councilmember Oliver Davis asked if that is the same as the County. Ms. DeRose advised that to the best of her knowledge did not furnish a direct contribution. th Phil Custard, Director, Purchasing, Department of Administration & Finance, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that they had initially started looking at a new facility for Human Rights and looked at 31 potential sites. He stated from that list of 31 they narrowed it down to 5, that they thought met the needs of the Human Rights Department, primarily accessibility and secondly confidentiality, were the two key components that were required. He stated that from the list of 5, they selected 319 Niles Avenue, it’s a one story building, it’s got off-street parking, it’s on a bus route, currently has four offices already in place. He stated that they were able to talk to the landlord and he agreed to give some of the desks, filing cabinets, receptionists table, so that they won’t have to purchase that. He stated that the current expenses for St. Louis Blvd. are approximately $1778.00 a month. He stated that what we are looking at is doubling the per month cost, if the lease is approved, he stated that they are looking at $3555 per month. He stated that includes janitorial service, parking lot snow removal, and trash removal. Councilmember Tim Scott asked out of the 31 buildings that were looked at, were any of those on either the current list, Redevelopment list that the city owns. Mr. Custard replied no. Those were buildings that were available for lease. Mr. Henry Davis stated that we clearly don’t have enough information right now, and there are some outstanding issues with this particular bill and reiterated that he is not advocating for poor working conditions for any city employee or private entity whatsoever. He stated that this bill should be continued to have more direct dialogue on the issues that were presented here tonight, and made a motion to continue this bill until the June 25, 2012 meeting of the Council. Councilmember Schey seconded the motion. Council Attorney Kathleen Cekanski-Farrand advised that if the Council if going to have a public hearing, she recommended that the public have the opportunity to address the substitute bill, since the administration would in all likelihood be acting up the substitute bill. Councilmember Varner made a motion to accept the substitute bill. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill: Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, spoke in favor of this bill. He stated that he is in favor of good working conditions. However, he stated that he would like all the buildings to be looked at. Buildings that the City owns, buildings that have already been recondition in all the districts. He stated that the Bible says “in all your getting, get understanding.” Samuel Brown, 222 E. Navarre, South Bend, Indiana, stated that he is representing Citizens United for a Better Government. He stated that he would like the Council to get more information, especially on the property located on St. Louis Street. He stated that since it is a historic landmark and cannot be torn down, how much would it really cost to bring it up to code. He stated that the Council needs to get more facts. He stated that he is 100% in favor of the Human Rights Commission being housed in a location with good working conditions, but the Council needs to get more information. He advised the Council to continue this bill. Glenda Rae Hernandez, 702 E. South Street, South Bend, Indiana, advised that she is a member of the Human Rights Commission, an appointee of this Council. She stated that 9 REGULAR MEETING JUNE 11, 2012 she has been a member of the commission since 1984. She stated that she hopes the Council is not going to postpone this matter any longer. She stated that there has been sufficient investigation and its time for them to be able to move into a better situation. The following individuals spoke in opposition to this bill: Wendell Johnson, 305 S. Falcon Street, South Bend, Indiana, advised that he lives on the Western Avenue corridor. He stated that there are many buildings there that are empty and need development. He stated that the Human Rights Commission is supposed to serve all, but they are probably serving more outside the city. He stated that the people who are in most need of those services live on the west end of South Bend, and are very seldom if ever heard. He asked the Council if they have ever used the services that the Human Rights Commission provides. Has anyone ever gone there? He stated that if they want a bigger building, revamp, and identify a need to improve and to help the city. He stated that they need to look at the minority population to see if they have been serviced well. Are we getting our monies worth? He advised the Council to ask these questions before they are allowed to move. He stated that he wants improvement, and for the city to grow. Jesse Davis, 1333 Calvert, South Bend, Indiana, stated that he is confused because it was mentioned that they had looked at a few buildings that the City owns, that supposedly weren’t ADA compliant or up to code, then there were comments made that they didn’t look at buildings that were on a list that Redevelopment has. He asked for clarification from the Council and advised them to continue this bill until all the questions are answered. He stated that obviously human rights are important to everybody in the community, but at this point, who is the landlord that is going to be taking the money on the lease as well, and are copies available for the public look at. In rebuttal, Ms. DeRose stated that the Board of Public Works was advised by legal counsel of the requirements of the Act. She stated that the requirements of the Act and the requirements of the Act are that you don’t go outside unless you have adequately looked within, because that is the test of necessity and to best of their knowledge none of our buildings meet the needs of the Human Rights Commission, which are unique and are special to them and there are no other spaces that would accommodate this use. She stated that all the Council needs to do is make a finding that this is necessary for the use of the commission and that’s what they are asking the Council to do. Council Attorney Kathy Cekanski-Farrand stated in response to last gentleman who spoke. The lease was available before the Board of Publics acting upon it. Mr. Custard clarified his comment on the initial list. That list that he was talking about was a list of potential buildings that they could lease, it did not include any city own buildings, that was already looked at before they initiated their list. Councilmember Dieter asked who looked at that list. Mr. Custard stated that it was the Engineering Department. Councilmember Dieter asked if Engineering has a list of the buildings that they looked at. Mr. Custard stated that he was not sure. Councilmember Dieter asked if that list could be made available to the Council. Mr. Custard stated that he would ask. Councilmember Scott asked if there was a report stating that these buildings were on the list and we rejected them for whatever reason. He stated that he would like to see something like that. Mr. Custard stated that he would ask the Engineering Department. 10 REGULAR MEETING JUNE 11, 2012 Councilmember Henry Davis, Jr., made a motion that this bill is continued until July 9, 2012, and ask for certain caveats, there were a number of questions that were asked and th per record of the clerk’s office that those questions will be answered by the 25 of June, th so that they will be able to make an informative decision on the 9 of July. He stated there was a list of questions, he is not going to go back over those questions, and however, those questions need to be answered before the Council can tackle this issue again. He reiterated his motion to continue this bill until July 9, 2012, based upon the answering of questions from the administration and refer back to the Personnel & Finance Committee. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White stated that she would like the record to show to the employees and the citizens that the Human Rights Commission serves, that she, but cannot speak for the other Councilmember’s but she does know that many of them do support a new location for the Human Rights Commission. There are a number of questions that were posed, and they did receive information prior to the 7:00 p.m. meeting. She stated that she tour the building and it is not accessible for anyone coming into that building, employees should not have to work in those conditions at all. She stated that it is not a safe building. Clearly, the Human Rights Commission needs a new location, the question that is before the Council is “what is the right location” She stated having additional time to have all those questions addressed as well as having information for their constituents is really good time spent. She reiterated that she did not want the employees of the Human Rights Commission as well as the citizens of South Bend to think that they are not in support of a new location. BILL NO. 12-53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THAT WESTERN AVENUE BE DESIGNATED AS A TOP PRIORITY FOR REVITALIZATION AND THAT A NEW ACTION PLAN BE DEVELOPED Councilmember Varner made a motion to continue this bill until the June 25, 2012 meeting of the Council at the request of the petitioner. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 19-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9, ADMINISTRATION, SECTION 21- 09.05 DEVELOPMENT REVIEW PROCEDURES IN ORDER TO ADD NEW SECTION (h) COMBINED PUBLIC HEARING PROCEDURE This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of nine (9) ayes. 11 REGULAR MEETING JUNE 11, 2012 BILL NO. 20-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on June 25, 2012. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 21-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on June 25, 2012. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 22-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 801 HILL STREET AND 505 KALORAMA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Henry Davis, Jr., made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 23-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET OT BE VACATED (AS A CLARIFICATION FOR VACATION ORDINANCE 9994-10) IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 50 FEET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and third Reading on June 25, 2012. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 24-12 FIRST READING ON A BILL TO ESTABLISH CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES WITHIN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Oliver Davis made a motion to accept the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Gavin Ferlic made a motion to refer this bill to the Health and Public Safety Committee and set it for Public 12 REGULAR MEETING JUNE 11, 2012 Hearing and Third Reading on June 25, 2012. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 25-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY’S POLICY CONCERNING NEPOTISM IN CITY EMPLOYMENT, AND CONTRACTS WITH RELATIVES OF ELECTED CITY OFFICIALS, IN CONFORMITY WITH INDIANA LAW This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and third Reading on June 25, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Henry Davis stated that there was a memo regarding the tapes that we were all concerned about being sent to the Justice Department and he stated that he is not really clear on when it was sent, how they were sent or even if they were even received by the Justice Department. He stated that he would like to have an update whether via the Justice Department, that is where he would like it from. Whether those tapes were actually sent and also received. Clearly communication gets a little lacked and muffled, so he asking and requesting that the Clerk’s office send out a letter to the Justice Department to the address that the Administration has sent all the tapes to, so that they can get some feedback based upon whether they received them, have them, and that they are going to be investigating the tapes, or hearing the tapes like we have requested. Councilmember Henry Davis asked to have a presentation from Redevelopment regarding the Renaissance District. He stated that we are obviously embarking upon a new industry here in South Bend and he thinks that it would be very valuable for Councilmember’s to hear the Renaissance District in all that it is supposed to perform and do for the City of South Bend. He stated that he has had that presentation, had an opportunity to hear that presentation, but there is a part 2 that is dealing with the energy AEP, the City just purchased land on the corner of Sample & Lafayette, moving Hamilton Towing in the excess of $1 million dollars, and he wants to make sure that the City Council is aware of what is going on, how the dollars are spent, but also the timeline for the Renaissance District and what it means for the total City of South Bend. He reiterated that it would be valuable information. He requested that this happen for the th next Council meeting which is the 25 of June. Council President Dieter clarified that Councilmember Henry Davis, Jr. would like an th update on the Renaissance District at a committee meeting on June 25. He asked Councilmember Davis who he would like to make this presentation. Councilmember Henry Davis, Jr., stated he wasn’t aware of who would make that presentation; however, there was a Kevin Smith that is working at lead of this particular project along with the administration. He stated that there are several entities working on making the Renaissance District happen. He stated that he thinks it would be valuable if Mayor Pete, Mr. Smith as well as the representative from AEP, to show how all these combined forces are going to make this industry happen in South Bend. Council President Dieter asked how long the presentation will take. Councilmember Henry Davis stated that he thinks the presentation will take about an hour. He stated that he would request that the update be given on an alternate Council th Meeting day. He stated not to schedule it on the 25 of June, but on an alternate date, so 13 REGULAR MEETING JUNE 11, 2012 that the media and members of the community can participate in the conversation and their vision for the City of South Bend. Council President Dieter asked if sometime in July would work. Councilmember Henry Davis responded yes, that would work. Councilmember Henry Davis stated that he was alerted by members of the Century Center that we obviously appoint and have noticed that there will be vote coming up very soon about extending Global Spectrum’s contract for another six (6) months. He stated that he has some concerns about extending their contract based upon performance. He stated what he thinks will be valuable to the Council is to hear how the dollars are being spent and looking at an excess of close to $3 million dollars for total funding that comes from Hotel Motel tax, city dollars, professional sports development, etc., and also what we can do by actually saving those dollars by moving it in house versus contracting out another entity to manage our facility which is Century Center. He stated that he knows the vote is coming up, so he is asking that the Council be a part of a conversation before the vote takes place to make sure that our dollars are being spent in a responsible manner. Council President Dieter asked when the Century Center Board of Managers will be voting on extending the contract. Councilmember Henry Davis, Jr. and Councilmember David Varner stated that they thought it was June 18, 2012. Council Attorney Kathy Cekanski-Farrand advised that this would be under Councilmember Gavin Ferlic’s PARC Committee. Councilmember Gavin Ferlic asked if the Council would like to hold a committee th meeting prior to the 18? Councilmember Henry Davis, Jr., stated that he would like to meet as soon as possible, because the numbers are staggering. He reiterated that the amount is near $3 million dollars. He stated that is not saying that Global Spectrum is not doing a wonderful job or bad job, however, he thinks that when the city is looking to extend, renew or sign new contracts, he thinks that it is necessary when they have people who speak for the Council on these particular boards that the Council is well aware of the decisions that are being made before they make the decisions. He stated that he thinks and knows that if we have a real conversation and a progressive conversation we will find that we are probably spending more money than we should to manage this facility. He stated that they are talking about making pay raises happen for all city employees, managing the buildings that the city has, talking about the total city and how we function, so we need to have this conversation before we spend another $3 million dollars. He stated that we could probably reduce that to $200,000. That is an extreme amount, a huge difference in there $200,000 versus $3 million. Council President Dieter clarified that Councilmember Henry Davis, Jr., would like Councilmember Gavin Ferlic to schedule a committee this week or next week. Councilmember Henry Davis stated yes, he would like to do that. Councilmember Gavin Ferlic stated that he could do that. Council Attorney Kathleen Cekanski-Farrand stated that 48 hours is needed to meet State Law requirements. She stated that Councilmember Ferlic would have to go through the procedure of making sure that his committee members are available. Councilmember Gavin Ferlic asked Councilmember Henry Davis, Jr., who he would like to have present at this meeting. 14 REGULAR MEETING JUNE 11, 2012 Councilmember Henry Davis, Jr., stated the PARC Committee members, the Council Appointees to the Century Center Board of Managers. Councilmember Gavin Ferlic asked if Councilmember Henry Davis, Jr., wanted a representative from Global Spectrum there as well. Councilmember Henry Davis, Jr., stated that he didn’t think that it was necessary. He thinks that this is a council manic issue, he stated that this deals with Council dollars, that we get from the taxpayer, so that if they want to show, it’s a public hearing, however, he is requesting Council appointees and Councilmember’s are a part of this conversation as well as administration. Councilmember Gavin Ferlic stated that if there is anyone else that Councilmember Henry Davis, Jr., would like to invite or that should be present to let him know by tomorrow morning. Councilmember Henry Davis Jr., stated regarding Solid Waste in county areas, the Solid Waste District looks like they are trying to move into some county areas. He stated right now he didn’t know if that means good or bad for the City of South Bend. However, he stated that he does know that is another cost, it will probably produce more dollars for the City of South Bend, and when we are talking about cleaning up areas, and the pick up that we already have, the special team between Code and also Solid Waste, which has worked wonders for the City of South Bend, when we begin to move into county areas we are obviously going to incur cost and so obviously these votes are happening before we get to say anything about it, it shows up in the newspaper, and then we actually react. He wanted to make sure that they are clear on that particular item as well through Solid Waste and when it is happening as far as them going and expanding or reducing the territory that they are serving and how much is it going to cost the residents through their tax dollars. He asked who is the Representative from the Council on Solid Waste. Councilmember Valerie Schey stated that she is the representative for recycling not Solid Waste. Councilmember Varner stated that the correct title is Solid Waste Management Board. Councilmember Valerie Schey stated that the recycling team is not the one that is doing the pick up, clean-up crews. Councilmember Varner stated that is Environmental Services. Councilmember Henry Davis, Jr., stated that what he is saying is that those dollars are shared and so when you are looking at the budget it’s a matter of what we produce a budget that goes to solid waste, solid waste obviously breaks it down to their various arms and parts within the budget after the Council says yes or no. So what he is getting at is that we need to make sure that we are on top of our or in front of these things before we say yes or we say no, because obviously they are expanding their territory and we are not a part of these conversations. What happens is that those conversations happen after the vote is made and clearly there are some other things just happen by a vote and we are on the back end of it. He stated that he wants to be on the front end of that because they are obviously talking about expanding their territory. He stated because he knows that it is going to be a cost to us, also probable something that happens on maybe the east side, west side, whatever, it may stop the services being at their optimal level for those sides of town. Council President Dieter asked Councilmember Henry Davis, Jr., for clarification on what his expectations are. He asked if he wanted an update or a report. Councilmember Henry Davis stated that an update from Council Representative Valerie Schey would be good. He stated that he did not know when the vote on expanding their territory was going to take place or when that bill will be filed from the administration, but he would like the Council to be on the front end of that. 15 REGULAR MEETING JUNE 11, 2012 Council President Dieter asked Councilmember Schey if she was clear on what was expected. Councilmember Schey reiterated that Councilmember Davis would like to know the future plans of expanding their services. Councilmember Henry Davis, Jr., stated that he would like the dollar amount and how does it affect the city, positively or negatively. Councilmember Oliver Davis stated that he was out of town and just got back. He stated that the Council is fully aware that he sent out a public records request and got a response back from acting City Attorney Aladean DeRose. He stated that he will send each Councilmember’s a copy. He read into the record: Dear Oliver: This will serve as a formal answer to your request on the Indiana Access to Public Records dated June 1, 2012. As you are now fully aware, our office has concluded after review of the law that the tapes which you requested are discloseable to anyone. You have described those tapes as related to the Mayor’s news release of March 30, 2012, regarding in the motion of former Police Chief Darryl Boykins as well as those tapes cited by the Mayor in the termination of Communications Director Karen DePaepe. Enclosed is a copy of the press release in which I prepared and was circulated to the media on June 1, 2012, explaining our position. I also provided a copy to Council Attorney Kathleen Cekanski-Farrand. Since the time the press release was prepared all tapes were sent to the United States Department of Justice. So they are no longer in the City’s possession. Mayor Buttigieg sent you a copy of my letter to Attorney Thomas Perez. The second portion of your request concerns copies of any and all contracts and agreements addressing the hiring of the Mayor’s special legal counsel related to said demotion and firing. The total amounts of money paid to date and the sources of such payments used for the payments of the Mayor’s special legal counsel along with invoices for payment. These services were provided on a pro-bono basis so there is no public record in existence. Sincerely, Aladean M. DeRose. Councilmember Oliver Davis stated that for the special legal counsel according to the letter has been provided to the Mayor on a pro-bono basis. There is no legal documentation for that. He reiterated that the Council will receive a copy of the letter. Councilmember Oliver Davis thanked the administration, for the work being done on the bridge. He thanked Mr. McKinney for his letter. He stated that it is nice to see the Chapin Street Bridge being worked on. He stated that he had a lunch meeting today with Gary Gilot, regarding the work on Ewing Avenue and he is going to be coming to the Public Works to give the Council an update on the bridge on Sample Street and Oliver Street and how that is going to affect the Ewing Avenue project. He stated that it is going to delay it. He thanked the administration for the information regarding the “Broken Window” theory. He would like an update on the number of traffic tickets written for trucks driving over the Michigan Street Bridge and a summary of how things are going on the bridge project. He stated that the money that was appropriated to clean-up illegal dumping is running out, at the end of June. He stated that he received an e-mail on it and he wished there was someone here from Code to say what needs to be done to be able to continue that service. He stated that he would like to have an update at the next Council meeting. Councilmember Oliver Davis asked about redistricting and have committees been set up? Council President Dieter stated that they still haven’t set them up. Council President Dieter asked Councilmember Oliver Davis if he would like the update from Code on Illegal Dumping under Reports of City Offices. Councilmember Oliver Davis stated that he would like the update under Reports from City Offices on the June 25, 2012 Council agenda. Councilmember Henry Davis asked Council President Dieter is there is anyway we can request that all Departments Heads attend the South Bend Common Council meetings. 16 REGULAR MEETING JUNE 11, 2012 He stated that the reason that he is asking for this is for clarification and faster communication during Council meetings. He stated that when they leave here, and things may get lax or they get pounded with some other issue that may take precedent or priority over things that have been asked, when we could just have these questions answered right here on the floor. He stated for example, the illegal dumping issue, and his concern regarding solid waste expanding their territory. He wanted to know if they would have an opportunity to schedule in “City Departments” per Council meeting or ask that City Department Heads actually attend all Council meetings. He asked what would be more feasible or apropos to Council business on each matter that they have. He stated that it is obvious that there are a lot of questions that are being asked, another example tonight would have been the lease for the Human Rights Commission. He stated questions could be answered right here, but instead they are going unanswered because there is no one present from those various departments. He stated that there is a strain on the Clerk’s Office sending out letters, there is a strain on the Council Attorney sending out letter’s and then we have to wait for the response, then we are back here two weeks later, hopefully with a response or do we have to continue things over. He reiterated that he would like to request that City Department Heads attend Council meetings. Council President Dieter stated that if we are going to do that, if there is questions that you would have, so we could give them to the city people so they can show up with some answers as opposed to “hey, I see you sitting out there I have a question for you.” He stated that to be fair to the Council and be fair to them, he doesn’t want to have nine (9) department people just sitting there waiting for a question, if we have a question, we can give them a heads-up and he is sure that they will come if we ask them. He doesn’t want to be put in a position to have whoever from the street department sit there and have to come and we don’t ask them any questions. He stated that if we have the opportunity to give the questions prior and have them come to the Council meeting to answer that, he doesn’t see a problem with that. He understands the point, but his recommendation is send an e-mail, contact the department head, and state that would like to have them present at the Council meeting to answer some of the questions. Councilmember Henry Davis stated that four (4) hours out of the month is not asking for too much. On average approximately two (2) hours per Council meeting, given the responsibility that each department head has, that’s not asking too much. Councilmember Henry Davis asked about the consulting fees, clearly there are people who are working for the city as consultants for the City of South Bend, or acting on behalf of volunteer services. There is a state statute or municipal code that he is really unclear on and going to ask for parliamentarian advise on this. He stated that there is a code that is there that only allows a person to act on behalf of the city as a volunteer for so long, is there a window, without being paid. Council Attorney Kathleen Cekanski-Farrand stated no. Councilmember Henry Davis stated that a Department Head can act on as a Department Head and not get back 365 days out of the year as a volunteer. Council Attorney Kathleen Cekanski-Farrand stated yes. Councilmember Dr. Fred Ferlic stated that he thinks Councilmember Henry Davis Jr.’s request to have Department Heads present at all Council meetings should be handle at the committee level. Each committee chairperson should ask the various department head to which question is directed be asked to attend the Council meeting to answer those questions that might come up. Councilmember Henry Davis stated that he is not against it, however it works. He stated that we need to have more participation from City Department Heads during council meetings. Councilmember Schey asked for a point of clarification because she thinks this is confusing but when we were talking about the Solid Waste Department, until she was 17 REGULAR MEETING JUNE 11, 2012 serving on the board she did not know this, so for the benefit of all that are here, the Solid Waste Department that is doing the illegal dumping pick-up is actually part of the city. The Solid Waste District is a completely separate entity and they are not doing the illegal dumping pick-up. So, when it was mentioned that they were expanding their territory, what the St. Joseph Solid Waste District is doing has nothing to do with the illegal dumping pick-up. She stated that is the Solid Waste Department within the City. She just wanted to make that clear, because she thinks that was confusing. th Mike Schmuhl, Chief of Staff to the Mayor, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that he wanted to update the Council on three (3) things that Vice-President Councilmember Oliver Davis mentioned earlier. He stated that this morning he sent over material relating to the “broken-window” theory in law enforcement as it relates to traffic stops, also the latest press release on the 933 road work, the bridge on 31 crossing towards Angela. He stated that work will be done from June 13, 2012 until the middle of September. He advised Vice-President Councilmember Oliver Davis that he will get him a summary of the tickets. He stated that he doesn’t have that information this evening. The Kroc bridge update has been given by Vice- President Oliver Davis this evening. Mr. Schmuhl state that completion should be mid- July. He advised on some things that the Mayor’s Office has worked on: a successful th Mayor’s Night Out on May 30, 2012 in the 4 District with Councilmember Dr. Fred Ferlic. Mr. Schmuhl advised that the next Mayor’s Night In is June 28, 2012 here in the County-City Building. He stated that they had a successful budget kick-off meeting; it was nice to see Councilmember White and Council Attorney Kathy Cekanski-Farrand there. He stated that the meeting was held on May 31, 2012 at the O’Brien Center. The Vacant and Abandoned Housing Task Force had its first public hearing at Muessel School on May 31, 2012, there will be another meeting this summer as well. He stated that they will keep Council advise to that. He stated looking ahead they have a Budget & th Finance Workshop, the 4 in a series with Controller Mark Neal, which have been very informative sessions for the administration and for Council on June 27, 2012 from 4:30 – 6:30 p.m. here in the Council Chambers. He stated that they have an Economic Summit coming up a week from Thursday on June 21, 2012 at the Century Center. He stated that the agenda and material was sent to Councilmember’s previously and again this morning. He urged the Council to RSVP, by sending him an e-mail or call if planning on attending. He stated that he will get a list of Redevelopment properties to Council so they can review them. He stated that he believes that he had gathered that information when they were talking about the downtown police sub-station a few weeks. He stated that should be easy to pull and he will also get in touch with Phil Custard to make sure that they have the list from the Engineering Department that was looked at. He stated a few things from tonight’s meeting: The illegal dumping crew, there are some options on the table, Mayor Pete has talked with Catherine Toppel, Director of Code Enforcement, and he will make sure that there is sufficient communication between his office and Council before they submit any legislation continuing that service. He stated that it seems to be making a huge impact in our community over three million pounds of debris has been collected up to this point, and he looks forward to working with Council on that. Finally, the tapes issue, exactly one week ago, last week on Monday, the City’s Legal Department went to the Federal Building in downtown South Bend received the tapes, immediately took the tapes to the U.S. Postal Service and sent the tapes certified mail to Thomas E. Perez, Assistant Attorney General, Department of Justice, attached to that package was a letter that they shared with Council, basically saying that we thought that the Civil Rights Division of the Department of Justice was the best entity, the best group, to review the materials, on the tapes. He stated that they look forward to receiving a response from that group, and sharing it with Council as soon as they can. Councilmember Henry Davis Jr., asked if they could get copies of their certified letter, when it was sent out. He stated that its not that he doesn’t trust them, it’s because this situation has gotten a lot larger than we all had feared that it would get this large. As a result the integrity of the South Bend Police Department has been compromised; people are telling him that they aren’t feeling safe in the City of South Bend and so on. As a representative, not a judge, not a lawyer, none of those things, just a representative, it is necessary that he speaks the concerns of the people that elected him into office, his constituency base. So when they have information that is concrete, hard core, then he can 18 REGULAR MEETING JUNE 11, 2012 go back to the people that elected him into office and say look, on “x” date we sent this off, on “x” date we received this back from the Justice Department saying that they received this and moving forward. So whatever you may have that you can share with the Council will give him, he guesses obviously so more education on what’s happened, so he can take care of the constituency base put him into office. Mr. Schmuhl stated that he would be happy to provide that information. Council President Dieter asked if when the information was sent off, were there any questions asked, or did you just say here you go, let us know? Mr. Schmuhl advised that most of it was detailed in the letter that they also sent to Councilmember’s, basically saying that we thought the City was unfit to review the material because of the matter in which they believe it was obtained. Seeking outside counsel which was stated just a moment ago, but also direction from the gentleman, G. Robert Blakely, at the University of Notre Dame Law School, who authored the Federal Wire Tap Act. He stated that he also advised the Mayor and the Administration on this issue. Thinking that an outside entity, like the Federal Government, like the Civil Rights Division, Mr. President and Mr. Vice-President were in a meeting with the Mayor and representatives of the Rainbow Push Coalition, they were seeking the exact same strategy making sure that the Civil Rights DOJ would be able to be engaged in this discussion and that’s exactly what they have done. Council President Dieter reiterated that there weren’t any specific questions. Mr. Schmuhl reiterated that they asked them in the letter. He stated that the letter said there was speculation in our community and in the media and with people that the commentary on these tapes may be inappropriate and may also have improper and potentially whatever types of activity and they want to make sure that they can listen to those and review. Council President Dieter stated that he e-mailed the Mayor, since they are audible, who is going to be responsible for identify voices on there. Mr. Schmuhl stated that he would probably leave that up to their investigators. He stated that if they need to communicate with city personnel or the South Bend Police Department, they certainly have the power to do that. Councilmember Dieter asked if it would be the Interim Chief would be the one to say that is so and so voice, we don’t know. Mr. Schmuhl advised since we haven’t heard from Civil Rights DOJ, at this time, he stated that he thought it would be premature to speculate on that. He stated that when they do respond to our inquiry, he will be sure to keep Council apprised. Council President Dieter stated for the record that the original thing was amended in 1986, and during the Patriot Act also. Councilmember Henry Davis, Jr., asked if we are asking them to open up an investigation or are we just saying you guys do what you may with these tapes? He stated that it’s still unclear. He stated that if he were to send a letter on these tapes, he would ask them to investigate these in hopes of defining whether there should be an investigation or not. Which could potentially say open up an investigation, but just sending them and saying you know do what you may, hope that you may not find anything, hoping that you may find something, may not say anything to them as it being a priority to the City of South Bend, so are we looking to them to do a possible investigation or are we just leaving it up for their expertise. Mr. Schumhl advised that it is their expertise. He stated that the Mayor was very clear. This administration was very clear and Aladean DeRose, the acting City Attorney was very clear in that letter to say that the Mayor is concerned about these rumors, the Mayor 19 REGULAR MEETING JUNE 11, 2012 is concerned about the possible content on those tapes, our community was concerned, and so they told them they are an outside authority and believe that they have the power to do this, and are asking to help our community to review this material, report back to us, so we can decide what to do. Councilmember Oliver Davis stated that he has a series of questions for the Mayor to address. Which is in the letter, and we have talked about. He has shared publicly that he has a new standard that says that if any of his administration, basically any employee, has an investigation brought against them, that they would no longer be a part of the administration. He stated in his personal opinion, is saying that if somebody in the city has a state or federal investigation against them, that you are automatically charge guilty and removed from office without giving themselves any kind of defense. He stated that one of things that we have in the Board of Public Safety, which when people ask him how this thing should have been handled, he thinks when an investigation was out here, before anybody was fired, demoted or whatever, they should have been put on administrative leave with or without pay, doesn’t really matter to him on that piece, but then an investigation could have taken place. Then if has been found like it was found that there was nothing that was determined to move forward with any of the investigation that they could have been brought back to the position or if there was something that was found they could have been move. He stated that is what we do with our public safety officers, okay, and it is amazing to him that the Chief who is over these public safety wasn’t given the same kind of respect. So, therefore, he really thinks that it sets such a very dangerous precedent in the City of South Bend, that if somebody, or if he launches an investigation against you, or anybody on the staff, you automatically are removed tomorrow. He stated that he thinks that this is wrong; he stated that the administration would not let this happen to them, so why would you do it to any of the employees that work with us. He stated that if somebody lost their investigation against him, he has a right to defend himself and why are we taking that away from our city employees? He would like for the Mayor to respond to that and the next meeting, so he can publicly go on record to say that is his new hire standard. He asked to see the new city policy that addresses that matter. How does it relate? He thought that they had a situation and when it came down to city employees whether they have a chance to what you call “progressive discipline” and now this administration has taken a stance that one investigation removes, please show me how that works with the current and has been traditionally put in place by progressive discipline and what the new Mayor’s stand is on that. Not only his administrative staff, because the Mayor has the right to put in his staff, where he has felt that this whole thing brought the Council is when he said that the Chief was demoted because of this investigation, if he just said we need to get a new chief “whooped doo” we would have moved on. But when he ties his reputation, his career, to this investigation, that’s when he brought us in. So that what he wants to understand, how does his practice deal with progressive discipline and investigations? He stated that he needs to know that. Mr. Schumhl stated that he will be sure that he brings that topic up on June 25, 2012. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Greg Brown, 1238 Diamond, South Bend, Indiana, stated that his concern is that South Bend, Indiana has rules and policies and guidelines. This taping issue has been treated like we are a commonwealth state like Kentucky; we are making the rules as we go. If we are asking for an investigation of the tapes, investigating the alleged people, anybody can be accused; they are asking for an investigation, our city is paying for this, who’s investigating, our city? It’s going to cost us money. Even if they were to play the tapes in the room tonight, not one of us who voice it is. So that is going to have to take some money to say who’s voice, cause the first person is going to say “I didn’t do it” “I didn’t say it” Nobody is going to stand up because if we were men, men do things when we were a child, we act as one. In this area there have been some heavy things that were supposedly said, he hasn’t heard the tapes, and he is not so sure he wants to hear the tapes 20 REGULAR MEETING JUNE 11, 2012 because he cannot identify anyone on there. But you look in the media and things are being passed by so quickly, we are going to set this board up for this person to investigate it. He stated that all he is asking for a concerned man in this city is that we do it in a timely manner, not so we can put the unity back in this community. Because he really feels that this set back is a set-up for a come-back. Now we have to come out of this and unify, but we can’t come together as people until we can agree to disagree. There is something wrong, we move so fast, the administration moves so fast on this, and as he has said all the time, it’s not a black or white issue, it’s a right issue. When you set things before the presence of the board, the Council board, you guys are looking for answers, the community is looking for answers, but everyday there is something being aired in the media, someone is saying something. Now, the tapes are out there, and he thinks that they should have gone with a letter that is being sent to the community, someone is using racial slurs, and someone hates someone or that. Because if it is dealt like that and as our Mayor stated when you bring into an investigation, this is a big investigation, because it is gone now and the person listed in the investigation, he wants to see if he is going to be gone. Samuel Brown, 222 E. Navarre, South Bend, Indiana, Citizens United for a Better Government, stated that they released a press release today: It has been widely reported by the media in the St. Joseph County Metro Homicide Unit Executive Board has recommended a special investigation to look into the latest wreck made by St. Joseph County Homicide Commander Tim Corbett. Then they would take any action being necessary after the investigation, because that is their board. What is more disturbing is that one of their Executive Board Members Chief Hurley has already publicly stated that one of the people that was threatened; he was going to discipline them for going public with it. He stated that he has a lot of concerns about that. He stated that it might be one of the Board Members that would be investigating themselves. That is a no, no. He stated that what they are asking of Mr. Dvorak to do is turn it over to the Attorney General and the State Police on all these issues. He stated that it is very hard for this board of the Metro Homicide Unit to investigate Mr. Corbett and his threats. Darryl McKinney, 501 Alonzo Watson Dr., Apt. 304, South Bend, Indiana, thanked Mr. Davis for the help and the input and the rest of the Council for letting everyone know and reminding them about the bridge over there on Chapin. He stated that he is glad to see the work underway for the safety of the children and residents that live over there in the South Bend Housing Authority. He stated that he would like to keep moving on from the bridge also to start balancing things out a little bit also. The first thing was the bridge now; we also have a problem with the children, where are they going to play. He stated that we have a brand new Kroc Center, a brand new baseball stadium, but the kids still do not have any where to play. He stated that there is some land over there by the railroad tracks to put in a playground, basketball courts for the children to play. He stated that the land is right over by the South Bend Housing Authority; he stated that there is a small building also that could be converted over to a computer lab. Jesse Davis, 1333 Calvert St., South Bend, Indiana, stated that several people have already brought up the issue of the tapes and threats that have been made and so forth. He asked the Council or demand as a citizen that the Council stay on top of this and make sure that they also look into and investigate as much as they can on this issue. He stated that the question went out about who is on this board of directors of the Metro Homicide Unit, and not only was Chuck Hurley’s name brought up, but you got Sheriff Grzegorek, Tim Corbett involved in the Metro Homicide, and all of the players and names that were brought up on this board are not only friends and probably work together but they are also political allies in a lot of ways. There are photographs of them out partying together, raising political funds for people, including the Mayor’s Office, when he ran for Mayor. He stated that these people definitely have a conflict of interest and are they going to be willing to through one of their own “under the bus” for lack of better words and say hey this guy did wrong and this is his punishment. He stated that the conflict of interest is too great. He stated that he read an article in the paper yesterday where the FOP President Noonan, basically made a comment saying that basically look we just want to move on. He stated at this point, we can’t just brush this under the rug, and move on. He is the President of the FOP and he is supposed to be here representing, not only the officers, the 21 REGULAR MEETING JUNE 11, 2012 men in blue, but also representing us citizens to make sure that things are done right and this guy comes out in an article and basically looks like he is selling out the union and the police officers and the people of the city. He stated that he thinks this investigation and make sure that they ask for an investigation, Councilmember Davis asked to if we had asked for an investigation or did we just hand them the tapes and say hey listen to this at your will and if you think something is wrong do something. No, we need to know what is on there. He stated that he has a question and hopefully the Mayor’s Office can answer it. All this extravagant recording system and phone system that was in place used to record these calls who had the authority at police station to listen to any of these recordings if there was a call that came in from a terrorist, who is allow to listen to them. Was it the Chief that was demoted, then they brought their own patsy in so that he could defend someone? Who has the authority to listen to those tapes; the people have a right to know that. Steve Noonan, President, FOP Lodge #36, 701 W. Sample St., South Bend, Indiana, stated that in regard to this investigation he stated that he is aware that there is a lot of concern within the community just as there is within the police department. He assured the Council and the public that the overwhelming majority of the police officers that work for the City of South Bend are not involved in this investigation in any way, shape or form. Every night and every day, and he thinks that Council President Dieter can attest to this, we go out everyday, serving our oath and protecting the citizens of South Bend. He just wanted to make that point, and appreciates the Council’s time. Dave Frank, 50520 Burtonwood, South Bend, Indiana, stated that there are nine (9) people who are going to impose their will on 100,000 people in the City of South Bend and probably 250,000 people in St. Joseph County. He stated that he heard about this non-smoking ban, and he is personally for it, he hates cigarettes. He stated that they killed his father at the age of 52. He stated that his point is this you people are supposed to be representing the people and he doesn’t know how you can do that unless you communicate with the people. A plan has been presented to eight of the nine of you, to use technology so that before these issues come before you the public has an opportunity to hear them, voice their opinions on it, and vote on it if they are interested in it. He stated the other night he was listening to the news and heard one of you say that the majority of the people in South Bend are for this bill. After hearing that he stated that he was not only stunned but very confused because there are 100,000 people in South Bend and after he heard that on the news he went out and started asking people in South Bend if they were even asked about this issue and he never found one. He stated that he really doesn’t understand how anybody could miss represent this issue or any other issue as far as saying that the people are for this, the majority of people are for this, without communicating with the people. He stated that he doesn’t think this town, this city can go forward until you use the technology that is available, and that just about everybody else is using to start communicating with the people in this community so that you can truly start representing the people. That’s what he believes. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:01 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 22