Loading...
HomeMy WebLinkAbout02-25-19 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 February 25,2019 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: SCOTT I AKE TESHKA APPROVED BY THE COMMON COUNCIL ON: March 25, 2019 ATTEST: A i EMAH FOW R, ITY CLERK REGULAR MEETING February 25, 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, February 25, 2019 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation(Minister Laquita Aldridge- Hughes, New Horizons Outreach Ministries) and Pledge to the Flag were given. Council President Tim Scott also asked for a moment of silence for past Council Member Ann Puzzello. 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 Coffinan Chief Deputy Clerk Bianca Tirado Deputy Clerk Graham Sparks Clerk Executive Assistant Bob Palmer Council Attorney Elivet Navarro Council Intern REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Gavin Ferlic made a motion that the minutes of the February 11th, 2019 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 There was no special business at this time. REPORTS OF CITY OFFICES Representing the City Administration: Laura O'Sullivan, Chief of Staff RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Karen White made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember John Voorde, Chairperson, presiding. REGULAR MEETING February 25, 2019 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. Councilmember Tim Scott made a motion to move Bill No. 05-19 before 03-19. Councilmember Jo M. Broden seconded this motion which carried by a voice vote of nine (9) ayes. PUBLIC HEARINGS BILL NO. 69-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2610 EAST JEFFERSON BOULEVARD, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and, given time constraints, send this bill forward with no recommendation. Jordan Wyatt, Planner for 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, The petitioner is requesting a zone change from OB, Office Buffer District to MF-One (1), Urban Corridor/Multi-Family District. They are also seeking a special exception use for a group residence. To the north (referencing a presentation which is available in the City Clerk's Office) across Jefferson Boulevard are Single-Family homes zoned MF-Two (2), High-Density Multi- Family District. To the east is an office zoned OB, Office Buffer District. To the south are two (2) family homes zoned MF-One (1), Urban Corridor/Multi-Family District. To the west is an office zoned OB, Office Buffer District. On site currently is an office building and parking lot. The site plan shows the office and parking lot will remain. This rezoning comes to you with an unfavorable recommendation from the Area Plan Commission and the special exception comes to you with no recommendation from the Area Plan. Councilmember Karen White asked, Could you mention the reasons why this came with an unfavorable recommendation. Mr. Wyatt replied, They weren't able to come to a successful motion to carry. Edward Fisher, 303 East 3rd Street, Mishawaka, IN, served as a petitioner for this legislation. Mr. Fisher stated, I'm a registered surveyor. I'm here representing Richard Patterson, the owner of Think Big LLC, the owner of the building. This is a dual petition. The first (1st) portion of which is to rezone from OB, Office Buffer to MF-One (1), Urban Corridor/Family District. We are also seeking a special exception for use of the property as a sober living facility and group residence. Here in attendance with me are the Executive Director of Choices Recovery, the potential user of the property, the Outreach Coordinator for US Addiction Services and also with me is the Project Manager for TIA Corporation, the proposed new owner, Patrick Gerrard. I'm here to address the MF-One (1) rezoning, the rest are here to explain to you about the special exception. As you saw on the drawing(referencing a slide in the presentation), the property on the south, we are outlined in red,is zoned Multi-Family. The property to the west across 26th Street is also Multi-Family. The property to the north is Multi-Family. To the east is a dentist's office and then to the east of it are Multi-Family residential properties. The other OB on the west side is a parking lot and then abutting our parking lot is a vacant duplex. So, in general the neighborhood is MF-One (1). We don't feel a change to MF-One(1) is out of the question. If you have any questions about the MF- One (1), I really believe that addresses the issue. The more urgent issue, and why everybody is here, is for the special exception. If I may, I will yield my time to others to address that issue. Alicia Brown, 19532 Sunset Lane, South Bend, IN, served as a petitioner for this legislation. Ms. Brown provided packets of additional information(which are available in the City Clerk's Office) to Council Members. 2 REGULAR MEETING February 25, 2019 Brandon Adolf, 2734 Sampson Street, South Bend, IN, served as a petitioner for this legislation. Mr. Adolf stated, First (1St) and foremost, thank you, ladies and gentlemen, for letting us come here tonight. I will go over some of the information in that packet and kind of do an introduction. Choices Recovery, we are an in-patient drug and alcohol treatment facility. We are State-licensed and CARF-Accredited, which is the highest accreditation level a rehab facility can have. We recently did that survey the 10th and 11th of December 2018. We passed that survey with a three (3) year accreditation, which is the highest level you can get through that. Choices currently services people from a wide variety of life. We do everything from medical detox to intensive out- patient. We offer evidence-based treatment based off of ASAM Criteria including one (1) on one (1)case management and medical detox by our Medical Director of Addictionology,Emma Wong. Mr. Adolf continued, Again, like I stated, Choices Recovery has been operating for a little over four (4) years at 3606 East Jefferson Boulevard,just point three (0.3) miles down the street from this proposed location. In 2018,Choices had five hundred and forty-one(541)successful graduates from its program. It serviced two hundred and forty-one (241) clients from the State of Indiana and one hundred and twelve (112) clients within a thirty(30) mile radius. To speak to you about the sober living we are proposing, those of you that may not know what a sober living is, it is an out-patient supervised and structured living environment that works in combination with evidence- based treatment, one (1) on one (1) counseling, one (1) on one (1) case management, provided transportation, physical fitness, nutrition and workforce preparation. Choices Recovery currently tracks all of its patients for one(1)year through our After-Care Department. Not only do we reach out to the individual clients, but we reach out to every immediate family member they release on their information to gather information from them. Through the data we have collected through our After-Care Department, we see that our clients are two and a half(2.5) times more likely to stay sober if they attend a sober living facility, like the one (1) that is being proposed today, as opposed to returning home. Mr. Adolf went on, I think even more importantly, as we have tracked through our clients, unfortunately, to the disease of addiction, which many times left untreated is deadly, we had five (5)patients die after receiving treatment. All of those patients returned immediately home and did not go to a sober living facility. Unfortunately,there are little to no resources in our area. Although we do have similar facilities like Upper Room, Dismas House, Jane's House, and Oxford House, all of these are full or near-full with many of them having a waiting list, and none of these offers evidence-based treatment in combination. The large majority of these resources are strictly housing. I would like to read our sober living mission statement.Our sober living program supports recovery and stability from drug addiction, by providing and reinforcing a positive healing environment. Detoxification and substance abuse treatment are only the beginning in the recovery process. It is our goal to assist beyond treatment and provide residents the foundation in skills they need to achieve complete physical, emotional and spiritual health that can last a lifetime. Mr. Adolf continued, I would now like you to look through your packet. We have attached a combination of pictures for you,hoping to give you a little bit of visual evidence to go along with the facility. If you look at picture one (1) provided to you in the packet, that would be an example of what a bedroom would look like at this new facility. Picture two (2) is also an example of what a bedroom would look like at this new facility. Getting to picture three (3) gets to the security systems that are currently in place at Choices Recovery. Although our patients are all there voluntarily, we do everything we can in precautions by providing a high-tech security system and fully-trained security staff, twenty-hour (24) hours a day, three hundred and sixty-five (365) days a year. If you look at picture three (3), that is the keypad and intercom that is the entrance to our facility. Picture four (4) is a picture of our current gate at Choices Recovery. Picture five (5) is a photo of an exterior camera that we have installed at Choices Recovery. Picture six (6) is a photo of an interior camera. Picture seven(7)is, ultimately, our security system screen. This exact same camera system and video system would be installed at the new facility. We are looking at an estimated fifteen(15) cameras to provide full coverage for the interior and exterior of the building. All of this video will be backed up to a hard drive that would be stored for at least one(1) year. If there are any incidents that occur, we can clip those and save those onto another drive for review. Mr. Adolf went on, In addition to the security system, we plan on having two (2) to three(3) staff members for each shift to provide twenty-four (24) hour coverage, seven (7) days a week, three 3 REGULAR MEETING February 25, 2019 hundred sixty-five (365) days a year. The leader of the staff will be a certified recovery coach and behavior interventionist that is working under the direction of a licensed Master's-level counselor. If you continue on through the packet provided, we have a layout of the building and we have drawn in there the changes that we would like to make as well as the bed layout we are looking at implementing. Currently, if you look at the top left of that page, the left side of that parking lot is open as you can also see from the pictures. We do plan on putting a privacy fence and also a gate there to make that more secure. In addition to that, we are going to have to add some toilets and showers to the property. If you look to the bottom-left corner, you will see a room currently sixty- seven(67) square feet. We plan on adding two (2) toilets to that room. Just south of that, we plan on adding a shower room with four(4) showers.Also, in the sleep area labeled seven hundred and twenty-four(724) square feet, we plan on building two (2) additional bedrooms. That would bring our total to ten(10)bedrooms, looking at housing twenty(20)patients. Mr. Adolf continued, During this process, we have tried to do a lot of community outreach. We have received a lot of positive feedback and have many people here today to support us. Additionally, we have received some negative feedback and hypothetical situations that have caused fear or reduction in property value. We understand that many of these issues are very serious and we will work our absolute hardest to ensure we provide safety not only to our clients but our community. Even with all of this, all of the members we have met with that have been opposed to this project have had one (1) fundamental agreement - that this is great for our community and is needed greatly. However, they just do not want it near them. I want you guys to look at the facts. The facts are Choices Recovery has been point three(0.30)miles down the street from this current location in this neighborhood. It has been there operating for over four(4) years. It has an even more vulnerable population housing detox and RTC-level of care patients who are at the height of their withdrawal. Even if all these situations are hypothetical,we have not had any issues in our four (4) years that we have been there. Our largest complaints that we have heard from the community to date has been a volleyball going over our fence and our music being too loud during a Fourth (4th) of July barbeque. I do know those are serious and we will work very hard with our clients to keep the noise down, but I just hope that in this day and age, 2019, with the epidemic affecting our country, that most likely will take the life of one(1)of my good friends today, we value human life over potential property value reduction and hypothetical fear. Ms. Brown stated, I serve as the Outreach Coordinator for US Addiction Services. I'm also the President and Founder of a local non-profit organization called F.A.N.S. As a resident of South Bend, Indiana, for the past two (2) years and a resident of St. Joseph County for the past thirteen (13)years,I currently stand before you five and a half(5.5)years in recovery from opiate addiction. This was a ten (10) year-long battle of my life. During my life in active addiction, I did serve a total of five (5) years in the Department of Corrections through three (3) separate incidents. I did serve executed time in St. Joseph County Community Corrections and probation. However, in my recovery, I worked to initiate change in our community and throughout the State. I stand before you tonight as someone who needed these services back in 2007 and could not get them because they were not available here in our community yet, when I needed them. I was married at the time of my addiction and incarceration and I had good health insurance. I had the means but no local resources. I vowed that if I was ever given the chance, I would pave the way for others in the same predicament. I have often heard people ask, what can we do? Or they say,we should do something about this. On the flipside, I've heard,you don't belong here.You're never going to be clean. Who does she think she is?And,most recently,you should have died and taken another addict with you. Harsh, right? Ms. Brown continued, Well, I stand here tonight, proud to be alive, who I am today and all that I have accomplished on behalf of other addicts and the addicts that are still suffering. I believe there is a time for change, ladies and gentlemen, and I believe that time of change is now. I have had the opportunity of getting out in our community and discussing this at great lengths. I appreciate the feedback, both good and bad, because it has allowed us, as new staff of Choices Recovery, who has only been on staff since 2018, to make some decisions and much needed improvement. So, tonight, I bring a letter that is also in your packet, and it is a letter of intent. We have found that there have been some noise issues and complaints at our current location of Choices and we want to fix that. So, we have a letter of intent that for the next six (6) months we are going to improve those things by working with the local members of our immediate area. We have worked to try 4 REGULAR MEETING February 25, 2019 and meet with some of them. We still need to work with them and have it surveyed. But, in the next six (6)months, we plan on putting in the trees,the privacy fence and other things in that have been requested. I did want to make sure to bring that letter of intent and those things will be done in the next six (6)months. If there is a problem, we want to solve it. Ms. Brown went on, That being said, I want to talk briefly about who our client is. That is what we keep hearing. I don't want the drug addicts in my neighborhood. Ladies and gentlemen, the drug addicts are in your neighborhood.They are in your churches.They are in the places you work. The fact of the matter is the clientele that we serve are people that come from private insurance. These are people just like you and me,that find themselves in an addiction problem and they need help, but they are afraid to ask for help. Our client is an average twenty-seven (27) year old male with two (2) children and married. We've had people come to us and say we are going to import sex offenders. Ladies and gentlemen of the City Council, I am here to tell you that sex offenders cannot live at our facility because it is within 1,000 feet of a school district. And it's not even allowed at our facility. Plus,we have a very high priority in terms of the application process.These individuals must have already completed in-patient treatment to even come in here and we are going to have high standards for clients to stay. This place is not for a person to just be a flophouse, or a dormitory. This is a place of life-changing and evidence-based programming for people to get back on their feet. Ms. Brown continued, Ladies and gentlemen of the City Council, I know tonight, South Bend prides itself on being a City of diversity and inclusion. We want inclusive practices, yet, we don't know where to put them. I have a place. I proposed a place. I proposed a place for twenty (20) beds for maybe somebody that you know that can live in our community,work in our community, get well in our community and get right back to working in our community. Admit it or not, we all know someone that needs the help. In this room, tonight, we all know someone. I beg of our community. I understand the fear, but I am asking for us to give this a chance not because it's a for-profit business but because it is saving someone's life. On the way here, Brandon got word of a gentleman he has known his whole life, in critical condition,due to an overdose. I commend him for even being able to stand here tonight and talk about this. Ms. Brown went on, So, in conclusion, what am I asking the City Council to do? What are the mountain of supporters that we have tonight asking the City Council to do? I'm asking you to consider what we are doing in our community. I'm asking you to look at these twenty (20) beds and I'm asking you to vote yes for the citizens of the community who need you right now and who need this. Thank you so much for the opportunity of hearing what we have to say. And for those of you who disagree with what we are doing. I appreciate you, I respect you,I respect your opinion, but these resources saved my life personally. And I am a mother of a six(6)year old little boy who I enjoy every day. Thank you. Councilmember Tim Scott stated, I have a concern about the fencing. Knowing that it's a corner lot, I believe you have to have a certain percentage open on that fencing. Are you guys considering a chain link or something else? Ms. Adolf replied, We haven't officially decided on that yet. I think we are looking at, at least for a section of it, a privacy fence and then maybe where the main gate is, in the middle, chain link. Councilmember Tim Scott stated, This is going to go on, so I will send you guys some recommendations. But for myself, personally, I would like to see something that would fit a neighborhood and something a little more decorative that works for you guys. I want higher quality than chain-link. Ms. Brown interjected, Absolutely. Ms. Adolf replied, Yeah, and we want to be able to provide something that gives a little bit of safety and security to our patients and also to the community. We don't want somebody that is right across the way at a business to see all of our patients loading the bus in the morning and heading to treatment, you know what I mean? We want to have some privacy for them, too. A lot of these people are members of the community and someone could recognize them. We don't want that to happen. Councilmember Tim Scott followed up, Yeah. Thank you. 5 REGULAR MEETING February 25, 2019 Councilmember Jo M. Broden stated, Thank you for your presentation and the amount of detail you've provided Council tonight as well as in previous meetings in the community. I know you have reached out to individuals in the fourth (4th) District and I appreciate that as the Council Member representing them. I do have a couple of definition questions. I want to know what I'm voting on, like, really explicitly, all right? Your facility Choices, what is it characterized as within State Code?What is its actual technical name, IRS, or whatever,what level at the State does it fall under in terms of a definition? Mr. Adolf clarified, Are you meaning as far as our licensure goes? Councilmember Jo M. Broden followed up, Licensure, right. Mr. Adolf replied, It is a substance abuse treatment facility. Councilmember Jo M. Broden followed up, Ok.And then in terms of,I heard you say you qualified for a three(3) year, and you had an inspection, is that every three(3) years? Mr.Adolf replied, It depends on how you pass the inspection,ma'am. So,the CARF-Accreditation is a nationwide accreditation and, like I said, it is the highest level you can get for a drug and alcohol treatment facility. When they come in, it is a two (2) day survey with two (2)people. One (1) of the individuals is looking at the administration side of things and the other is looking at the clinical and medical side. Each is an expert in that area. It is over 2,000 topics they survey us on and we can have either a recommendation, suggestion or pass on each one (1) of those topics. A recommendation basically means you need to change it, a suggestion is take it or leave it and pass. Out of those 2,000 topics, we only had eight (8)recommendations. Based off of that, we qualified for the three (3) year accreditation. You can either fail the accreditation, get a one (1) year or a three(3) year. So, we got the three (3) year accreditation. It will be every three (3) years, moving forward, as long as we continue to meet those standards. Councilmember Jo M. Broden followed up, Alright, so that is locked in as long as you meet the standard. Mr. Adolf confirmed,Yes. Councilmember Jo M. Broden then asked, Related to that, terminology-wise, the facility that you are proposing, what is its classification at the State-level, accreditation and inspection? What are you proposing? Mr. Adolf replied, It's a sober living facility. That is exactly what it would be. Councilmember Jo M. Broden stated, The reason I ask is because I've heard quite a few terms such as transitional and the ordinance itself says group home, so I just want to quantify it. Mr. Adolf stated, Yeah, we would classify it as a sober living facility. Councilmember Jo M. Broden stated, Ok. Then, does that have any accreditation screens that accompany that designation? Mr. Adolf replied, Currently, right now, they don't have a set of accreditations for a sober living facility. Obviously, for our patients to attend treatment at Choices Recovery, we have to uphold those standards when they come to Choices for their treatment, but currently at the State level, there is not an exact accreditation for a sober living facility. After we've been in operation for one (1) year, then we can apply for the CARF-Accreditation at that location, also. Councilmember Jo M. Broden followed up, And with those standards, would they be similar? Mr. Adolf replied, yes. Councilmember Jo M. Broden exclaimed, Wow. Mr. Adolf continued, They would be slightly different with the levels of care because at that level of care, you are dealing with outpatient. So, you are not providing quite the same services. For instance, there wouldn't be a medical detox at this facility as there is at Choices Recovery. Councilmember Jo M.Broden interjected,Because you're offering more there is more to look into. 6 REGULAR MEETING February 25, 2019 Mr. Adolf replied, Exactly, ma'am. So, there will be a few less standards just because some of those services won't be offered, but still, very high-level. Councilmember Jo M. Broden stated, Ok, thank you. I appreciate the building layout because one (1) of my questions was about occupancy. You are proposing twenty(20)? Mr. Adolf replied,Yes, ma'am. Councilmember Jo M. Broden followed up, And that is firm? Would you be willing to make a commitment to that level for now and going forward? Mr. Adolf replied, We would. Absolutely, ma'am. Councilmember Jo M. Broden continued, And then, what are your calculations for occupancy? I see a mix of two (2)to a bedroom, some are three(3), and I don't count twenty(20) as I'm one(1) bed short when I'm quickly doing this but what do you base those calculations on? Mr. Adolf replied, There are two (2) ways to do it. We could either take the entire square footage of the entire building and divide that by one hundred and twenty(120) square feet. Or, you could take just the bedrooms and divide that by seventy (70) square feet. So, either one (1). If you look up in the notes, at the seventy(70) square feet calculation,just adding up the sleep area, the sleep area alone is currently 1,753 square feet, and at that square footage, our maximum occupancy load is twenty-five (25) people. I think one (1) thing to keep in mind here, too, ladies and gentlemen, our patients will be coming to Choices Recovery to eat their meals, attend their classes, use our gym, and so things like a kitchen will not be needed at this space. Councilmember Jo M. Broden stated, Thank you for the clarification on the occupancy because there was some concern, initially, about numbers and capacity. Related to that, you mentioned the staff-to-client ratio, is that based on best practices in the field? Mr. Adolf replied, Yes. That is based on our standard and what we expect for around twenty(20) clients. Like I said, we plan on having two (2) security guards on, for every shift, seven(7) days a week, twenty-four (24) hours a day, and that would be the minimum. So, we are looking at three (3) and that third (3rd) person is a peer recovery coach and also a trained behavior interventionist. All of our behavior interventionists have to work under the guidance of a Master's level counselor. They cannot do any type of intervention without consulting with that patient's counselor, prior to. They have to go off of their recommendation. Councilmember Jo M. Broden then asked, Do you anticipate that the staffing could fluctuate from one (1) facility to the other? Mr. Adolf replied, Yeah and Choices, itself, is going to have a much higher staff load. Currently, I have sixty-four(64) employees plus five(5) contractors. So, there are a lot more staff at Choices currently,but again,you are provided a lot more services there. We have full kitchen staff,security staff, transport staff, case management staff,personal trainers, nutritionists, and so there is a lot of additional staff that goes into the actually service versus just supervising the living. Councilmember Jo M. Broden followed up, And you had stated that within a year, you anticipate applying for the similar regulatory accreditation? Mr. Adolf replied,Yes,the standards to be able to apply for that accreditation includes having had been open for at least one (1) year. That is so there is enough evidence to go through. As I said, it is a very intense two (2) day survey. They are digging up financials, medical records, everything. In order to compile enough data, you have to have been open for at least a year. Councilmember Jo M. Broden then stated, Forgive me for this next question but I come from the long-term care background. Are your surveys announced and are they scheduled dates or are they surprises? Mr. Adolf replied, They are announced. We schedule them, and they are announced. We can have surprise inspections from the State and insurance companies. There are a lot of other guidelines we must adhere to other than just our CARF-Accreditation. 7 REGULAR MEETING February 25, 2019 Councilmember Jo M. Broden stated, Thank you for that clarification. Then my last question, I believe. Why not build at your current property? That question has been presented to me, repeatedly. Mr. Adolf replied, You know, I've heard that question come up and I think our best answer for that is not only the budget but the necessity of having a facility quickly. The time it would take to survey, excavate, draw plans and actually put a facility together is quite time-consuming. The reality is, we are trying to serve as many people as possible, and unfortunately, with the epidemic we have, there are a lot of times Choices is at max capacity and we are turning patients away. A lot of people are having to leave their community to seek sober living facilities like this. So, we have something that will be, like I said, point three (0.3)miles down the road, it fits our needs and it is ready to go. Ms.Brown stated, I would like to add to that,as well.The need for the person graduating treatment, that in itself is this glorious feeling to be done with treatment. You leave there, and you move on to the next step. This is the next step to almost home. So, there is a little bit more leeway and a little bit more freedom. It is freeing for the person in recovery. So,it's a great way to take that next step before going home and living outside of that bubble that is being inside a treatment facility. Councilmember Jo M. Broden then asked, So then what are the distinguishing elements with the sober living facility? If the next step is home, right? What are the distinguishing elements? You haven't included a kitchen, you know? I don't see a rec room and those types of things. But what are the distinguishing elements? I'm sure it gets to programming and I'll let you take it away from there. Mr. Adolf replied, The biggest thing is having supervised living in a safe, positive and healthy environment. For a lot of our patients,home is a hostile place.Whether they have a family member or spouse that drinks or even a bad marriage, there are a number of things that trigger our patients at home to use and there is no one(1)there to supervise them. Having somebody twenty-four(24) hours a day, not only to hold you accountable but to support you. When they walk past an individual and they can tell someone is being down, our staff reach out. They want to see how they're doing, and they want to get them in to see their counselor if they are having a tough day. So,to have those trained staff members there to supervise and support you,twenty-four(24)hours a day, is really the main distinguisher between that and going home. Ms. Brown stated, And I want to clarify, when we talk about supervision, we aren't talking about a level of corrections supervision. We are talking supervision in terms of your mood. Depression is very rampant among people with addiction and, right now, suicide is at an all time high. So, when we talk about supervision, we are not talking about the corrections-level of supervision. The gates are needed because of what's in there. The gates actually, at Choices, are to keep people out and unhealthy people away from the people who are seeking and desiring change. Councilmember Jo M. Broden stated, That is a good distinction, I appreciate that point. So, thank you very much. Councilmember Oliver Davis stated, Thank you for what you do. I have a couple of questions. If you want to write them down, then you can go for it. What lead you to this location, number one (1)? Number two (2), did you look at other locations? And, if so, what were the key differences with this current proposed versus the other locations.Number four(4),were there any other zoning requirements at any of the other locations that would have come before the Council? Number five (5), who are your other competitors that do similar work here in the City of South Bend or nearby? I would like those kinds of things for that and what distinguishes you from your other competitors from that standpoint.You said that people were going to be walking from one(1)place to the other place for that, could you clarify that? That is my sixth(6th) and final question, at this present time. Mr. Adolf replied, So, what led us to this current location was both me and our realtor looking for a couple of months. We've looked at multiple different locations across the community. The only thing we found that was a residential multi-family were very large apartment complexes, a lot of them being close to $1 million. Frankly, that isn't even close to being in our budget. On the other side of it, we found many small apartment complexes or small duplexes that could maybe house, at max, eight (8) to ten (10) people. To try and get to the twenty (20) beds we would need, we 8 REGULAR MEETING February 25, 2019 would probably need to have two (2) to three (3) locations spread out in the City. For us, that would mean more staff and it would be more difficult to supervise. We would need more transportation as they would be further away. So ultimately, what led us to this location was that it was close by and that is convenient for our transport drivers to get the patients to and from treatment, work and school. Also, it was a large enough building that gets us close to that twenty (20) to twenty-five (25)beds we are looking for. And, it's a good layout. If you look at the layout of the building, a large majority of the bedrooms are just down one (1) hallway. With the camera system, one (1) guard can see the entire interior and exterior of the building by turning his head. Other zoning requirements depended on the facilities. Some of them were just zoned residential. Maybe they were large homes that we would have had to try and get a special use permit for. Others were already residential and multi-family but were just too large of a dwelling for what we were looking for. Competitors for similar treatment in our area,the only thing that really compares to us would be the Life Treatment Center. The big difference is that they don't offer a medical detox. Councilmember Oliver Davis asked,You're closest is Life Treatment Center? And the closest one (1) outside of that, in terms of other cities, would be what? Mr. Adolf replied, Probably Recovery Works in Merrillville. Ms. Brown stated, There is a Recovery Works out in Merrillville but if we are talking about sending patients we get that we need to send to sober living, we send them to Minnesota, Florida or California because we also want to send our patients to a facility that is CARF-Accredited. We want to send them to a place that we know will be beneficial to them. Councilmember Oliver Davis then asked,Do they only get sent to for-profit areas or have you also considered non-profit areas? What are you looking at? Ms. Brown replied, We do send most to for-profit, but we have some amazing non-profit sober living houses in our area such as Jane's House and Dismas House and those kinds of things. But, their services are little bit different than the services we provide, in terms of the care. But,they are amazing facilities. Councilmember Oliver Davis followed up, And the last question regarding the walking to and from for eating purposes? Mr. Adolf replied, They will be transported. We have two (2) large fourteen (14)-passenger vans and the idea is that the staff members at the facility would also be trained, secondarily, as a transport driver. A typical day is waking up at 7:00 a.m., 7:30 a.m. you are transported to Choices, 8:00 a.m.to 8:30 a.m.they eat breakfast,then from 8:30 a.m.to 12:30 p.m.you have your intensive out-patient classes combined with either a counseling or case management session, 12:30 p.m. to 1:30 p.m. for lunch,at 1:30 p.m.the patient would then either go to their job or school,return home at 9:30 p.m. and then curfew is 11:00 p.m. Councilmember Karen White stated, Thank you for the information and for the work that you do. Regarding one(1)page of your literature, you talked about the admissions process. You indicated individuals must apply to be admitted. What do you look at? How do you select individuals? And what is the length of that selection process? Ms. Brown replied, I think at this time,we are actually considering an advisory board, constructed by people in the community to help us choose, as well. So, right now, we are kind of in the early stages of deciding on how we are going to do that process. But, these individuals have to come with references from the treatment program they were in. We have to know they are compliant in the treatment facilities they have partaken in. We also want to make sure that they are going to fit in. Why do they want to come to this sober living? Are they coming back home close to family? Is it because they have children? All things need to be considered in terms of these twenty (20) beds. They are going to go fast. We want to make sure we are bringing in the right people for the community in which we live and in which we serve. Mr.Adolf stated,I would like to add,too,that this facility will be single-sex,either male or female. Just the way the layout is, there is no good way of breaking it up to separate those genders. 9 REGULAR MEETING February 25, 2019 Currently, right now, we are leaning towards it being all female, but we have yet to make a distinction. Councilmember Karen White stated,You have mentioned you haven't decided in terms of having the advisory board. If this is approved, what is the timeframe in terms of establishing that advisory board? If you look at other boards in the community, what is the training process that would be in place for you all to identify who all should be selected? My other question, what is the pool from which you will be making the selection from? What is the number of individuals that will be in the pool? Ms. Brown replied, Starting with your first (1St) question, we really would like to have a ninety (90) day process to really look at an advisory board. That gives us three (3) months. You know, there are still things that have to be done once this approval, I hope, goes into place. Then,we will start looking at who we want on that board and people that can help us with that. We would love it to be members of the community. Obviously,there is HIPPA Compliance there as well. So,there will have to be some paperwork signed for confidentiality, of course. But, we also want to look at the ninety (90) day process for that. The pool from which we pull from will be from references and referrals from case managers and clinical therapists, as well. That is the pool of individuals. I'm sure people may hear about it and may want to write-in,but it is still going to follow the same referral process of coming from our staff. Councilmember Karen White stated, I heard mentioned twenty (20) beds. Will it be twenty (20) individuals based on the beds that you have? I heard twenty(20) to twenty-five(25), so, I want to make sure that we're talking about the exact number of individuals that could possibly be housed here at this location. Mr. Adolf replied, So, the maximum occupancy is twenty-five (25) but we are making a commitment to the Council tonight to twenty(20). I think we can comfortably house twenty(20) people. I don't think there is any need to try and shove any more than that in there. I think twenty (20) is a good number. We would be satisfied with that. Councilmember Karen White clarified, So, you will not go over that number if this was, indeed, approved? Mr. Adolf confirmed, Agreed. Correct. Councilmember Karen White then asked, You won't come back here to increase? Mr.Adolf replied,Our next step would be,and as I said it would all be one(1)gender,but it would be to try and find another location for the next gender. That is ultimately our next goal and we wouldn't try to stuff any more into this. Again, this will most likely be all female and we would try to find another location for our male patients. Councilmember Jake Teshka stated, I have a couple of things I want to touch on for some clarification. Will these commitments be written and submitted to Council? Ms. Brown confirmed, Yes. Councilmember Jake Teshka followed up, And those commitments, then stay with the property. So, these commitments are binding and enforceable. The second (2°d) thing I want to ask, and maybe this question goes to Planning, we've had some special exception before I believe that, instead of sticking with the property, went to the owner, right? Mr. Wyatt replied, Special exception uses can't really, legally, be tied to a specific user. They would be tied to the property itself. If you decide to approve it, you can make as many conditions on it as you want, it just can't be tied to a specific user. Councilmember Jake Teshka reiterated, So, it can't be tied to a specific user. Ok. But, it still stays with the property. The building to the west,the gentleman up earlier referred to it a vacant duplex. It is, and will remain zoned OB. So, there is no current resident there? It's a residential duplex but zoned OB? 10 REGULAR MEETING February 25, 2019 Mr. Fisher replied, It is a duplex identical to the other duplexes in the area that are zoned MF-One (1). It is currently vacant. There was somebody working on it sporadically. I don't know what the purpose is, but it is the size of all the other duplexes in the area. Councilmember Jo M. Broden stated, For clarification, though, it is OB. Mr. Fisher confirmed, Yes, it is. Councilmember Jo M.Broden stated, It is the same as the current property that you are petitioning. Mr. Fisher replied, Yes. It is not residential as it is zoned OB. Right next to our building, on our property, is a concrete parking lot. This duplex is adjacent to the parking lot at our parcel. Councilmember Jo M. Broden interjected, Same ownership. Mr. Fisher replied, Mhm, it appears to be, and it shows that way. Councilmember Jake Teshka stated, With regard to parking, that gets to my next question. Brandon, you had mentioned shuttle drivers. Are your residents able to have their own vehicle? Is there sufficient parking for twenty (20) vehicles if that were the case? Mr. Adolf replied, We do not plan on letting our patients have vehicles. We think that is too much freedom too early and we do not want that. Again,there is not going to be enough space for parking and we feel a lot more comfortable transporting our patients. There may come a time in their treatment where we let them start using Uber or get a bus but that is based on that individual's progress in treatment and receiving recommendation from the clinical team. But, we plan on transporting them all. Councilmember Jake Teshka clarified,And that is to and from work and school,up until that 11:00 p.m. curfew? Mr. Adolf replied, Yes, sir. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Maria Stancati, 57785 Crumstown Highway, South Bend, IN, stated, I'm the Executive Director of Dismas House of Indiana and I support the sober living house. I think that people need that next step when they go from rehab to home. There is nothing stabilizing there. So, I think if they have this intensive out-patient place,that would be good. It has been proven that they need sixteen(16) to twenty-four (24) hours a week and this would give them what they need to move forward. Addiction is a disease and I think we all finally realize that, and we need to treat it as such. We can't just give people ninety (90) days of treatment and then they're all better. That's not what happens. There are underlying factors and I think most of you agree with and recognize that. We need to treat the disease. We need to treat people. Maybe people don't like where it's located,but they've had a great record so far. They are going to have a fence and a gate, and I think we really need them in our community. Thank you. Bill Redman, 401 West Sample Street, South Bend, IN, stated, I am the Sheriff of St. Joseph County. I'm here in support of Choices Recovery. I had the opportunity of being invited when I was running for the office of Sheriff back in the fall of 2018 to visit Choices. I'll be honest with you, I had driven past the facility on numerous occasions and never even realized it was there. But it was brought to my attention when I was invited by Alicia Brown to take a tour of the facility and learn a little bit more about what they do here locally in our community. I will tell you, I was extremely impressed with the facility and with the work they do for their clients and for the people that are in need of assistance,especially because of the addiction issues people are faced with. I've been a police officer for twenty-five (25) years. We deal with addiction, drug and alcohol abuse on a day-to-day basis. Now, as the Sheriff of St. Joseph County, I see that kind of behavior even more while I oversee the day-to-day operations of the jail. I can tell you arresting everybody for their addictions and the drug and alcohol issues is not the solution. We need more facilities such as Choices in our neighborhoods in our community. I know it's not favorable among some people in the neighborhood. I understand that, and those concerns are real concerns we all should be paying attention to because this is a serious issue dealing with drug and alcohol addiction. I was 11 REGULAR MEETING February 25, 2019 also impressed with the security and the way they had the facility staffed and structured. I thought it was very impressive. We have many other agencies such as Dismas and Life Treatment Center, but unfortunately, we need more assistance. That is the reason why I am here today, to support Choices Recovery and the work that they do. Scott Leeper, 1518 North Byrkit Avenue, Mishawaka, IN, stated, Good evening, ladies and gentlemen of the Council. I am absolutely in favor of the sober living facility on Jefferson by Choices. I am the author of the book Johnny and Addiction: Sink or Swim that launches March 27th. In this book, I talk about my dad's death. I took him off life support in 2012 and I watched him take his last breath because of an alcohol addiction. Tonight, I want to share some statistics with you. We have 325.7 million Americans in the US, right now. One (1) in ten (10) Americans deal with a drug abuse issue. That is ten percent (10%). That also equates to 32.6 million people. Statistically in this room of about one hundred and fifty(150)people,there are fifteen(15)people sitting in this room,right now,that are dealing with a drug abuse problem. Everybody in this room, as a result, as affected by addiction to some degree. The National Institute on Drug Abuse reported in 1999, there were 16,849 overdose deaths. In 2017, there were 70,237. That is an increase of 53,388 people. That is a four hundred and sixteen-point-eight percent (416.8%) increase in less than two(2)decades. Seventy percent(70%)of the addicts are gainfully employed and many rehab facilities have executive rehab programs for those people of influence. Ten to fifteen percent(10% - 15%) of dentists, no less, will deal with an alcohol or drug addiction in their lifetime. Just recently, a dentist graduated from Choices. Professions with the highest addiction rate include health care professionals at an estimated ten to fifteen percent(10%- 15%)as well. Sales, farming, forestry, fishery, law enforcement, restaurants, and I personally was prescribed over twelve (12) medications at the same time as a Marine by Naval Medicine. SAMSA, the Substance Abuse and Mental Health Services Administration stated based on a combined 2009 and 2014 statistic report, 8.7 million children live in a house where at least one(1)parent has an addiction problem. Annual average, 1.5 million ages zero to two (0 — 2). That is twelve-point eight percent (12.8%) in that age group. 1.4 million ages three to five (3 — 5). 2.8 million ages six to eleven (6 — 11). And 3 million ages twelve to seventeen (12— 17). In Indiana, according to the Indiana Health Center for Recovery, one (1) in twenty(20) Hoosiers admitted to abusing opiates iates and that is under reported. p So, it is estimated at about one(1) in sixteen(16). Eighty-four(84) opioid painkillers are issued to every one hundred (100) Indiana residents. A vast majority of heroin users started with a prescription opioid. Almost all addictions start when the affected person is a teenager. The Coroner's Office is running out of room to store the bodies, literally, stacking up. "I've never seen anything like this. This is a disease that is actually causing people to die at a rate that I have never seen in my twenty (20) years of conducting death investigations." That was said by Alfarena Ballew who is the Chief Deputy Coroner of Marion County. She also says those numbers are increasing. In St. Joseph County alone, according to addiction center dot corn, in 2015, the overdose death number outnumbered fatal vehicle crashes and murders combined. Mostly, it was heroin and opioid pain killers. That is fifty-nine (59) people. On that website, it stated that local officials say these numbers are staggering but there isn't the typical response to these numbers like there would be to say if the same number of people were shot and killed. So, ladies and gentlemen, in support of this sober living facility, as the prayer at the beginning of this night stated, it is our responsibility and I will add, our mission, to be good stewards of God's grace. Thank you. Jennifer Knowles, 140 Bercado Circle, Mishawaka, IN, stated, I've been waiting my whole life to do this. I'm not going to cry. Ms. Knowles provided a picture to the Council. Ms. Knowles stated, I want to give you a picture of her, so you can see her. Hello. My name is Jennifer Knowles and my sister Melissa was thirty-six (36) years young when she died from a fatal dose of fentanyl and heroin this last July. My sister wanted to have a career. She wanted to be able to take care of her daughter, Olivia, independently. She wanted to get married and have babies. In the twenty (20) years my sister was fighting a hard addiction to opioid pills, then later became the cheaper and easier drug heroin. I had about four (4) calls from her where she was crying. I'm dying, Jenny. I can't do this anymore. I can't stop, and I have to get away. My body is tired and I'm tired of lying to myself. Of course, my sister was not employed. Her full-time job was being a slave to heroin. To say Melissa's options were limited would be the understatement of the century. My sisters and I come from middle class family. We grew up in Granger. We played softball. We joined our local Brownies squad and we all graduated from Penn High School. Although our parents divorced, we 12 REGULAR MEETING February 25, 2019 never could make my dad go away and give up on us girls. We were loved. My mother worked a full-time job. She ran us around to sports and choir in the evenings. My stepfather worked at Bosh and made over $150,000 a year. Raising three (3) girls, a good portion of that went to our school clothes. Life was good. At sixteen (16), Melissa had a dental procedure and she was prescribed Vicodin. Right after that, she got mono and she was prescribed Darvocet for two (2) months straight. By the time the prescriptions were up, my sister was a teenage addict, and no one knew. Was it school? Was it a boy? No one knew. What we did know was that she was always wanting to go to the doctor. She was always hurt. She was angry, and she was secretive. Our family did what most families do, we fought amongst ourselves for years in silence. My dad was tired of the calls from my mom so one (1) day he picked Melissa up to live with him. He just knew he was going to save her. Meanwhile,my mother and stepfather began to turn on each other. You see,my stepfather blamed himself because apparently no one told him that a step child will tell you I hate you a million times before they tell you I love you. So, he began to drink and gamble privately. My mother moved us out and started working two (2)jobs. Ladies and gentlemen, this is the new American family. Please do not fear the addict. They are already here amongst you working,going to your favorite restaurant and sending their children off to school to play with yours. Ladies and gentlemen, we have a Mayor that is on the New York Times Best Selling List and he is a Presidential hopeful. Do we want South Bend, Indiana to be a graveyard or a grace land? Do we want to be the face of rebuilding our community and giving American families hope? Please do not let fear divide us. Skyler Stanton, 4607 South Fellows Street, South Bend, IN, stated, I'm a certified recovery coach in the State of Indiana. What led me to this? In my Army career, I was airborne, and I tore my meniscus, broke my ankle and was prescribed opiates. I've been sober for almost five (5) years now but my brother wasn't so lucky. Throughout my time as a recovery coach, the biggest issue we have, anywhere in the area, is housing. The biggest issue, without a doubt. This is a chance to help that issue. Thank you. Kristin Haseley, 54410 29th Street, South Bend, IN, stated, I was raised by an amazing family in central Indianapolis and after high school, I received a full-ride scholarship to play division one (1) soccer at IUPUI. I closed my career as one (1) of the all-time leaders in matches played, save percentage and goals against. That was about fifty (50) pounds ago, but anyway, I was named IUPUI's Academic Advisor's list every single semester and was selected to the Summit League Commissioner's List for Academic Excellence on three (3) different occasions. I was selected by our Journalism professors to carry our banner at commencement where I graduated cum laude. My senior year, I was even published in USA Today. For years, I worked for the Youth Soccer Association here in our State and I actually coach two (2) of the current players down the street at Notre Dame. I'm also a recovering alcoholic. We all like to think that addiction could never happen to us or our families. For some of us, we are lucky it hasn't yet. My family, we were some of the lucky ones who are able to turn a blind eye to this problem until we couldn't any more. I was the first (1St) person in my family to be arrested. I was the first (1St) person in my family that ever needed to raise a hand and say I need help. For two (2) years,my family and I tried to find a place like this out-patient building we are trying to open here in South Bend. I needed a place I could live sober and clean and learn how to live a new lifestyle. Unfortunately, these places don't exist in our communities right now. I jumped from seven (7) day detox to seven (7) day detox. From there to jail until I finally ended up in an in-patient treatment center for an extended period of time. Recovery is a life-long choice that requires dedication every single day. You heard some of the statistics from some of the other people, so, I won't repeat them,but the patients we are looking to come into this facility are the ones that have already proven to us that they are dedicated. I've been working in the addiction recovery field for almost a year now, and as a case manager at Choices, I speak with the families of these patients every single day. They are dying for places like this. We would be cutting off a lifeline for someone who could go on to recover and end up helping any one (1) of our loved ones. I appreciate your consideration. Council President Tim Scott announced to the audience, For those who are here for the RSVP Bill, this is going to be a long time. If you would like to say whether you are in favor or against, there will be sheets to sign outside these chambers. You can put your name, address and number and whether you are in favor or against the bill. (That list of names is available in the City Clerk's Office). 13 REGULAR MEETING February 25, 2019 Clara Ross, 726 Cushing Street, South Bend, IN, stated, Thank you for five (5) minutes. Thank you for giving me a chance to speak. Thank you for giving others the possibility to live, even if it's only for five(5)minutes. A choice can be made. Right now,we have a choice we are willingly making on our own—to live. And, giving others the possibility to live. That is what sobriety really is. It is a chance. It is a chance. All we want is, as a family member people who are addicted to cocaine and alcohol,I ask you for a chance. And a place.And hope.And a dream.And a possibility to live one (1) more day. To express, one (1) more day. To give my family one (1)more day. To give me hope and a hand out, one (1) more day. So, what does this five (5) minutes mean? Everything. What does sobriety mean? Everything. What does housing mean? Everything. If only, for five(5)minutes. Thank you. Jerry Vanest, 1309 East Mishawaka Avenue, Mishawaka, IN, stated, I have worked for Choices since we've opened. I am now lead case manager for the last four(4) years. I can tell you, as lead case manager, we do everything from not only setting them up after care but also help them with any legal issues that some of them may have when they come to our facility. Every chance, as case managers,that we have to help our patients,who we also consider family,to live and be successful, we can do that. I'm also going to tell you today, a lot of people don't know, but I am a person of long-term recovery. I have not had a drink since 1999. I am proud to say that. That is because of PTSD from multiple tours in Iraq and Afghanistan, as well as Somalia. The VA would not help me. They wanted to give me pills which I had two (2) of my fellow comrades kill themselves. One (1) overdosed and the other took a shotgun and killed himself. I don't want that option, so I got help and counseling. That is another thing we do well in our program. We have some of the best minds in the country when it comes to counseling. We have one (1) of the best clinical directors you could ever imagine who does amazing things with what we are given as options. I am proud to be a part of this program and I am proud to be part of the Choices family. I have worked in several places since my mandatory retirement from the military, from being wounded, and I will tell you, I don't want to go anywhere else. Till they have to carry me out of there, I will continue to fight,every day,to help these patients be successful. That means sometimes we have to be there. We have to listen when no matter what is going on, we are that ear. Sometimes we're the ear for the family. When we make these weekly calls to these family members, they cry. They scream. They are frustrated and angry because they don't know what to do. We have to be that ear and we keep carrying on. We keep pushing forward. One(1)thing I want to end with is, always remember, and as a Lutheran I have always been taught to understand the great knowledge from Martin Luther,who asked ourselves,what kind of person are we?When we leave this world,are we going to be someone that just got by with whatever came and let others fall? Or do we stand up and help those that can't help themselves and we carry them? That is what kind of person I want to be. I want to help those people help themselves. Thank you for this opportunity. I appreciate it. I am very much in support, again, for this program. Thank you. Eric Forri, 631 North Lafayette Boulevard, South Bend, IN, stated, I work for outreach services for Oxford House. We offer transitional living for those who are in long-term recovery and I support this. Working with a similar population, many times people come out of treatment and they have to go back home to where it was comfortable and back to families that are using or even back to streets where they don't have the sustainability to change their lives. So, I support this. Every person that had the disease of addiction has to take a different path through it. Sometimes, people need more structure. Other people get it right after treatment. I completely support this because there are people who, in Choices, will be able to have that accountability and care over them so that way,when they leave,they will be more sustainable and become productive members of society. I,myself, am in long-term recovery. I have not had a drink since 8/14/17 and with that, I struggled with the disease of addiction for five (5) years. It was because I would come out of treatment and when I would come home, I did not have that safe environment to go to. So now, I advocate for those who are damaged by this stigma. I'm a normal person. I have two (2) kids. I had a full music scholarship to school. I was a missionary in Honduras and in my active addiction, I was looked at as trash. Because of a place like choices that gave me a second (2nd) chance with no judgement,having a new social network that believed in me and helped push me, I am where I am at today where I can help change the lives of others. Thank you. Shea McClellan, 2734 Sampson Street, South Bend, IN, stated, I work at Choices Recovery. I am a behavior interventionist as Brandon touched on before. There are a couple of things I want to 14 REGULAR MEETING February 25, 2019 touch on. Number one (1), I do deal with the behavior of clients and there is very little. Everyone there wants to be there and there is very rarely a problem to the point where I have to intervene. They are there because they want to be, and we don't have violence in our facility ever. We have very little issues. I'm personally in recovery. My family is, too. The more resources, the better, you know? We are all trying to help, and everyone here wants to help. So, I am very much in support. Christopher Santiago, 3008 Trenton Court, Mishawaka, IN, stated, I am in support of this. I didn't come from a bad home. I didn't come from the streets. I was middle-upper class. I had a job in aviation and I had an injury. I became addicted to prescription pain killers and then ended up losing my career, my home and most of my family to this disease. It was because I didn't have a place like this. I went to a treatment center and they sent me back home. I didn't know what to do. I wanted to live life a certain way and everything was new to me. I didn't have someone to help me. I didn't have someone to guide me in a good direction until I found Choices. I,myself', now work at Choices as well trying to help people from making the same mistakes that I did. Thank you. Michael Wells, 19532 Sunset Lane, South Bend, IN, stated, I am also the Community Transition Program Case Manager for St. Joseph County Community Corrections. In my experience, what I have seen as a whole, is individuals, whether they are coming out of DOC of Impactive Addiction and active treatment, is you need someplace safe to go. If you don't have a place, you are going to fail. This sober living facility is very important to those in addiction. Thank you. Matthew Landry, 54410 29th Street, South Bend, IN, stated, I'm here to support Choices Recovery and the opening of this building for them. I want to share with you what they've done for me. I've been struggling with addiction for eight(8) years now as a resident of South Bend. I would like to express my gratitude I have for this place and everything they've done for me. They've helped me through, starting with where I was at in my life before I got here. I had just been through serious trauma. I lost all hope. My baby was taken into custody of the State of Indiana DCS. I have a one (1)year old baby boy. My heart was broken. I struggled to manage a job. My relationship with my son's mother was falling apart. I was distant from all of my family. I lost my home and was in trouble with the law. I heard about Choices Recovery and I called them. They were very fast to pick me up. When I got there, I was treated with respect and love. I knew everyone there really cared. I learned how to heal all the brokenness inside of me through the courses that I took there. I learned how to form healthy and new relationships and how to handle situations that used to baffle me. Through certain classes I attended, I learned to identify what behaviors I had to change and how to do that in order to prevent relapse. I learned how to connect with people and communicate what I needed to stay clean and sober. Today, because of the changes I've made in my life,with the help of everybody at Choices,all of my legal issues have been handled and cleared up. I see my son every week and will have him back in my custody in a couple more months. I live in a sober environment, able to pay my rent and manage a full-time job in recovery. Me and my son's mother are in counseling and repairing our relationship and my family is very supportive of my recovery. I can say that it is because of everything I learned at Choices and all the great people that have come into my life from Choices that I am at this point in my life. I couldn't have done it without them. Sandra Gill, 7651 W. 1400N, DeMotte, IN, stated, Even though I don't live or reside in South Bend, I am a nurse here at Choices Recovery and have been for the past year. I am a wife,mother, sister, daughter and a nurse. I have worked at Choices for a year and prior to that, I was a nurse at the Indiana State Prison maximum security. I used to think the criminals, when they would state they were there because the system did them wrong and say when they committed their crimes they were under the influence or on a bender,that it was all just a cop out.The truth is,the addiction is truly the monster. Sadly, addiction can take them there. This our chance and our opportunity as a whole community to give families back their moms, dads, sons and daughters. No one grows up wanting to be an addict. My patients carry the guilt and shame of being an addict all on their own without us placing that on them. People have the need and want to be accepted. With everyone in the community knowing this is sober living,my patients are already being judged. So, for them to make this commitment, willingly, this is a very brave step for them. They deserve to be built up and supported by each and every one of us. I want to leave you with one (1) thought. We are all just one(1)bad day away from being an addict ourselves. 15 REGULAR MEETING February 25, 2019 Brad Black, 54410 29th Street, South Bend, IN, stated, I owe my life to Choices,honestly. I would not be here right now if it was not for Choices. I've been struggling since I was a teenager with opiates. I've been through this enough to know that if we do not give recovering addicts the help they need and a place to go, if they are not ready to go home, they need help. I've been through it. I didn't get the help I needed when I completed a program and it led me here. I'm grateful to be here today. Sober living houses are more than just giving a place to live. It helps them and teaches them lessons. It reintegrates them into society. That is crucial for people like me because I didn't have that, and I thank God every day for being where I am because now I get the chance to help other people. With that, if I can help people with this sober living house, it is worth it at the end of the day. Thank you. Sheila Cegielski, 52022 Woodsedge Drive, Granger, IN, stated, Thank you for your time and consideration on the matter before you. I'm a real estate agent representing the buyer. I know you may be thinking of course she wants to talk because she has a vested interest in the sale of this property. I assure you, that is not the case. I really dislike speaking in public. I am here to tell you two (2) short stories that will explain why I believe this change deserves to be made. Sixty (60) plus years ago, I was born the last child of ten (10) siblings. With a family that big, the odds of them having an addiction problem were against us. Two (2) of my brothers were the unlucky winners. One(1)was fortunate enough to love his job so much that he chose it over the addiction. The other, at the end of last month, celebrated his first (1St) year clean after fighting addiction for fifty (50) years, due to the help of a wonderful addiction center in Florida that is very similar to Choices Recovery. Both were professionals in their field. We had the same parents but different results. My one (1) brother has a great retirement. Two (2)homes, two (2) Harleys and he gets to be retired and happy. He needed to find his own way out of addiction and he actually married an addiction counselor. The other one (1) lives in an apartment on social security only. He is near death and we've almost lost him three (3) times that we know of. Life is all about choices, but we still love them both. The next story is about someone I've known since the day she was born. She works in a very busy emergency room in a big city. One (1) evening, the ER was at full capacity, and one (1) of the regulars, as she referred to him, came in off the streets smelling of alcohol. She told him she would put him in a room and was going to let him warm up and sleep it off while she attended to patients who had more serious conditions. One(1) of her attending nurses took it upon herself to get the bloodwork ordered for this man, simply, because it was protocol for someone to come in with the type of pain he was having. When the results came back, she came to the doctor and read them to her since she was busy with another patient. Her words,to me,were said between tears. Sheila, if it wasn't for my nurse that night, that man might have died under my watch. She felt so awful because she had judged him on the basis of his appearance and smell. He could have died but, instead,he had open heart surgery. She is a very hardworking, compassionate and caring person who was having a difficult night, but she learned a lesson that evening that would last her a lifetime. Don't judge people by their looks. This man was someone's son and probably someone's dad. Just because he made a poor choice at some time in his life doesn't mean he is worth less than you or me. Why would you not want to help people who seek help to make their lives better? I don't understand that. They could be your child or husband, or father or mother, your aunt, uncle, sister or your brother. Tonight, you hold in your hands the vote to make many people's lives better instead of bitter. The choice is yours. It is possible to hate addiction without hating people. Betty Keranen, 431 West Lawrence, Mishawaka, IN, stated, I'm here in favor of this sober living house. I personally didn't wake up, fifteen (15) years ago, and say, I want to destroy my life. I joined the United States Marine Corps and I was in a very severe and traumatic ATV accident. I shattered my entire face, broke my back and was in a coma. I suffered a severe brain injury. It ended up being a blessing. It intensified my alcoholism and made it very incredibly dangerous for me to drink. When I came home after being relieved of my duty in the military, I was surrounded by,thankfully,an incredibly supportive family.Not everyone has that option. So,my family helped get me into recovery shortly after I came home. Not everybody has that option. In the over six (6) years I've been in recovery in this area, I've seen multiple go back out because they needed a local in-patient facility to be at and it was not here for them. So, as a member of the veteran community, I see at the VA facility, nine (9) times out of ten (10), they have a drinking or a drug addiction 16 REGULAR MEETING February 25, 2019 issue. I don't have statistics in front of me but, from my personal experience in the VA community, this is a very needed facility in the area. Thank you. Pat McGann, 2313 East Edison Road, South Bend, IN, stated, I did not come here to speak on or against this action tonight. I came for a totally different reason,but I've been listening to everything people have said. When I was fifteen (15) years old, my brothers and I started an ambulance service. I worked all through high school up until the age of about thirty-one (31). I was among some of the first(1st)licensed paramedics in the State of Indiana. Our license number was one(1). In all of that time, after we became paramedics and could dispense drugs, I never once, never, dispensed Narcan. That was an anti-narcotic drug we carried on the ambulance. I'm also, now, in the funeral business. I own and operate four(4) funeral homes within the City of South Bend. We have the oldest funeral home in the State of Indiana and the oldest business, of any kind, in the South Bend area. Last year, we probably had six (6) opioid deaths. I remember a situation where a man and woman,boyfriend and girlfriend,lived in a high-rise apartment in Chicago overlooking Lake Shore Drive and Lake Michigan. This fella was a rising star in his family's business in Elkhart. It was a large manufacturing business. He was the heir apparent to take over the company. Very wealthy family. They came home after work on a Friday, were not seen again until Monday. Both of their companies went to check on them and they both still had the needles in their arms of a fentanyl and heroin overdose.Another situation we had was a young woman in her twenties(20s) or thirties (30s) was living with her dad. She had this problem. She was living with her dad and her young child and her young child came into the room and found her mom with the needle still in her arm. The child was like an eight (8) year old girl. Then, most recently, we had a man who was brought home on Christmas by his mother. He had been down in Florida for rehab for two (2) years. He had been in and out of it and was in it and doing very well. He came home and arrived on Christmas Eve, his mother found him dead in her bedroom Christmas morning. So, that's all I wanted to say. Donald Weiss, 532 %2 Kosciuszko Street, South Bend, IN,stated, I am also a veteran. I served three (3) years in the US Army as a Military Policeman. Due to a financially difficult situation, I became homeless at the Miller Vet Center back in 2010. Recently, for the last six (6) years, I've been residing in my house on Kosciuszko Street. I'm currently, also, in the Miller Vets Color Guard Unit. We go around and do ceremonies for veterans. In our color guard unit, we had two (2) veterans that had major alcohol and opiate problems. They went to the Life Treatment Center and they did not get any assistance. I tried to take them in there to get rehab and detoxed and they turned around and walked out. They refuse the treatment. They chose to be on the streets and homeless. In other words, they did not want any assistance. So, I finally persuaded them to come to my home. I was going to give them a safe haven to stay off of drugs and alcohol because I did not tolerate it in my home. I attempted to try and help them be sober, keep them active in our community and color guard unit, and they refused to get my assistance. They refused to cooperate with me. It's an ongoing battle situation. When people make a choice in their life that they don't want any assistance, there is nothing you can do about it. There are a lot of homeless people out here on the streets in the City of South Bend that need assistance. They either have a drug or alcohol problem or whatever. I'm for Choices. That sounds like a very good program to get them back on their feet again to have some sort of a structured lifestyle. I'm for it one hundred percent (100%). Recently, that one (1) veteran I tried to assist, he died of alcohol poisoning at the former hotel called the Wooden Indian. He was found dead of alcohol poisoning, because he couldn't get his hands on liquor,he drank mouth wash to get drunk. It is devastating to witness this, especially when you feel there was something else you could have done or said. It hurts when a fellow comrade leaves us because he is so sick. Choices Recovery is the best thing this community needs right now and I'm for it one hundred percent (100%). Thank you. Kelly Williams, 3008 Trenton Court, Mishawaka, IN, stated, My story, as a recovering addict, I am from California and I graduated a five (5) year apprenticeship where I got my Bachelor's in Science and Mechanical Engineering. The whole time I was going through school, I was an addict. I was in my addiction. I had been through treatment several times and returned home to the same environment and kept relapsing. I didn't understand it, so, I attempted to take my own life twice. This last time through treatment, I didn't end up going home. I stayed here and now work at Choices Recovery and that is why I am alive today. They helped me see that going home was not 17 REGULAR MEETING February 25, 2019 the best option for mc. So, this sober living is what needs to happen for people like me to stay sober. Thank you. Beth Szweda, 71701 Spruce Road, Walkerton, IN, stated, Twelve (12) years ago, my husband became addicted to opioids due to a back surgery. He worked for FedEx. We were a stable,happy home with two (2) children. Over the course of ten (10) years,his addiction grew. One (1) by one (1), he lost everything that he loved the most. At the height of his addiction, in 2017, he was not only addicted but he was also committing crimes in our community. He was stealing from businesses. He was taking scrap metal just to feed his addiction. He became so focused on committing crimes and stealing because he couldn't get and hold a job. He ended up committing a crime with my son in the car. My point is, we need this in our community. If we don't have something like this, it will result in more crime, not less. The people who may be afraid of these people in the neighborhood committing crimes, that is completely false, in my opinion. My husband went from a fine upstanding father to a common criminal on the street. Thank you. Bob Edmonson, 317 South 26th Street, South Bend, IN, stated, I would really be foolish to stand up here and try to tell you, after all of these speeches, that I am in opposition to Choices. I am in opposition to the location. I would fully support a different spot. I live within a half block of this proposed location and I live in a community that is seventy-seven(77) years old and that is a fifty- five (55) plus community with over two hundred and forty (240) units. The location where this proposed facility is, if you just spread out a little bit, there are hundreds of apartment units just to the west. There is another large apartment complex just across the street that houses hundreds of children. We have school buses that stop directly in front of and across the street from where this facility is located. I would fully support the operation in a different location. I am most concerned about the safety in our neighborhood. I have serious reservations about certain things the presenters said tonight. I attended two public meetings, most recently last Thursday. To be honest with you, several things that were said here tonight were different then what they said in the public meeting I went to on Thursday. I question the safety at their 3606 East Jefferson location. I understand that Sheriff Redman said they have a nice camera and all of that, and I believe they do. But, since this has become an issue, I personally, along with my wife, drove into that facility on two (2) different occasions and parked. One(1)time it was for ten(10)minutes and another time it was for an extra fifteen (15) and was never, ever, ever, ever, approached. I saw patients coming and going outside of the gated area. Maybe that's perfectly acceptable, I don't know. But I heard them say tonight that the gate was more for preventing people from going in, I'm telling you right now, I sat there on two (2) different occasions, in excess of ten (10) minutes, both times, and was never ever approached. I was never asked why I was there. I fully believe we need this type of thing in our community. I've lived here for almost sixty-five(65)years in South Bend and Mishawaka and we have a real need. I understand that. But, this is not the right location. Therefore, I ask the Council to vote in opposition to this. Lorraine Celis, 133 North Esther Street, South Bend, IN, stated, Good evening, members of the Common Council. Thank you for your time. I am the dentist next door and the owner of the property immediately adjacent to 2610 East Jefferson Boulevard. I am in strong opposition to the proposed zoning change for the following reasons. This zoning change and special exception will negatively affect the use and value of my property. I have my dental practice that I have established since 2002. Per the petition's requirements, a special exception cannot adversely affect the use of the adjacent areas or the property value. Reason two (2) is that this request in zoning change is not consistent with the character of the district. Number three (3), it will create a challenge for me in recruiting future dentists and staff members. My employees do feel concerned about having a recovering addict home next door. The Office Buffer Zone was intentional. Changing it to MF- One(1),a residential zone, so that a foreign for-profit entity from Michigan can operate a business, seems contradictory to me. Jefferson Boulevard has a lot of visibility and easy access. It is also next to the St.Joseph Valley MetroNet Fiber Line. This should be saved for future business. Please do not sacrifice this space and grant the rezoning that could negatively affect the area for years to come. Lastly, I would just like to urge the Common Council to look into who TIA Corporation is. We are inviting them to set roots in South Bend. They are from Battle Creek, Michigan. What kind of track record do they have there in that community? Thank you for your time. 18 REGULAR MEETING February 25, 2019 Margaret Hicks, 2626 Birch Way, South Bend, IN, stated, My house is located three sixteenths (3/16) of a mile away from 2610 East Jefferson. As President of Walnut Grove Mutual Housing Association, I would like to share with you who we are. We are a non-profit housing association for individuals aged fifty-five (55) and up. Individuals purchased the right to occupy their units. We are not a rental property, nor do we receive any federally subsidized funds. Our Board of Directors represents our members, and they have voted to oppose this zoning and special exemption request. We are concerned about the devaluation of our properties. We are also concerned for the safety of our residents,many of whom are in their seventies (70s), eighties (80s) and are very frail. We are concerned for the safety of our neighbors, many of whom are children. Plus, the safety of our employees. I would hope you reconsider and vote no to this. Yes, this is needed in South Bend but not at that corner with all the children. Thank you. Mont Annis, 133 North Esther Street, South Bend, IN, stated, Good evening, members of the Common Council. Thank you for your time. I really appreciate it after being here all day. My wife is the dentist and the owner of the property immediately adjacent to 2610 East Jefferson Boulevard. She purchased the property in 2002 and has operated her dental practice for seventeen (17) years there. She's invested money, time and she's paid employees. In 2013, she expanded her practice, enabling her to hire more dental professionals and serve our community better. She currently has eight (8) employees, including myself. I'm the bureaucrat there. I am here in strong opposition to this proposed zoning change for the following reasons. Let me stop right there. This is about a zoning change, nothing else. Then, they are also asking for a special exemption. I am in strong opposition for the following reasons. One(1),the Area Plan Commission of St. Joseph County has given this petition an unfavorable recommendation. I was there. It was eight(8)to two(2). Second (2nd), allowing a for-profit foreign entity to rezone a commercially taxed property, to MF-One(1) residential to operate their for-profit enterprise is inconsistent with the future land-use plan for this area. The future land use plan for this area is commercial. I got that tidbit from the staff report. Three (3), at the Area Plan Commission's public hearing, the petitioners stated that they plan on housing twenty (20) to thirty (30) recovery addicts at the location. We all stressed safety and everything. In their rebuttal, they said our concerns about safety are non-existent. The next day, I found out there were four(4)registered sex offenders at the address.The same website is operated by Sheriff Redman. The next day, when we had some community outreach,they denied they were ever there. We reminded them that Sheriff Redman's website had them on there. They did not know where they went. This zoning change and special exemption will damage the use and value of the adjacent Office Buffer zoned properties, including the mutual housing authority across the street. Per code, a special exemption cannot adversely affect the use in adjacent areas or property value. It will create future challenges including the recruitment of dentists and other dental professionals. Dentists are retiring in South Bend. You commemorated one (1) last month. That office sits empty right now. No one (1) is coming. I'm having trouble finding people to come to South Bend. They are choosing other communities. This will definitely be an inconvenience to us, trying to get dental professionals to come. Recently,a spouse of an opioid addict killed a physician in 2017. My fears are real. It happens. It could happen, it may not. These people have been down the street from our office and a mile from my home. So, when people say this is NIMBY, not in my back yard, it's not NIMBY, not in my back yard, it's not in my back yard, again. How many is enough. There are two (2) within a mile of my house. Well, this will actually make two (2) within a mile of my house. This request in zoning change is not consistent with the character of the district. Office Buffer zone is an intentional and integral part of the Jefferson Boulevard corridor. Carving out an MF-One (1) zone in between two (2) Office Buffer properties is destroying the district. It is no longer an Office Buffer district. It's a checkmark of MF-One (1) and Office Buffer. With that, I thank the Council for your time. I appreciate everything you do. I wouldn't want to do it. It's amazing what you people do. Thank you very much for your time. Charlotte Sobel, 2601 Cypress Way, South Bend, IN, stated, I live one fourth(1/4)of a mile away from this property due north. I am in total opposition to this request for rezoning and special exception. I spoke at the Area Plan Commission. I believe when Mont and I both spoke, it opened some eyes. Things that were said at that meeting and things that were said at the meeting held last week at Walnut Grove with Brandon and Patrick are in direct opposition to things that were said to you and promised here tonight. I am saying that you need to understand who these people are. I am not meaning Choices Recovery. I am talking about TIA Corporation who put in the petition. 19 REGULAR MEETING February 25, 2019 They are a sole proprietor for-profit business with headquarters in Battle Creek, Michigan. Unlike a non-profit, there is no governing Board representing the community. Any assurances made by them in support of this bill today and in past hearings of meetings regarding how the program will operate, the safety features built in to protect both the clients/residents and neighborhood could be nullified immediately and without notice or consent of the neighborhood or the City. This is a private, for-profit corporation. In addition, it has been stated by the presenters that when clients' private insurance or personal funds run out, they are removed from the program and relocated elsewhere. While that may be in the best interest of the business,it is a turning of people for profit. I was grateful to hear that during the time of turning people for profit, some people truly get help. The addition of this property will just allow them to turn more people for profit. We have been told, unlike what has been told tonight that only people at Choices down the street will be lucky enough to move here. Now,they are saying they may come from elsewhere.All of this is for profit at the expense of our neighborhood to a corporation based in Battle Creek and I urge you to do your research on that. They also stated to us that no client is allowed to leave the program, even though it's voluntary, without a place to go or a follow-up care program. As Mont mentioned, when questioned about the four(4) registered sex offenders who lived there in 2018, the response was, and I wrote this down from a gentleman who is not in this room but who does represent them, We don't know, and we don't care. Well, if they can be so cavalier toward that, I don't know what they are to other people. Obviously, their concerns do not extend whole-heartedly and full- heartedly. When those people's funds ran out, they were out of the program. In opposition to what Brandon said earlier to you about fencing this property, it was also stated to us that only if they had the money would they fence it. They will not be owning the property to the left that faces Jefferson and 26th Street. Their parking lot is to the rear of the building. That parking lot is owned by the apartment complex across the street where mothers with their children park twenty-four seven (24/7). Fathers, sons and daughters, etcetera. So, it's something that changes the more that we hear. I urge you to do more research. We were told, and Bob mentioned, the fences were there to keep those of us who live on the outside, out. I,too, spent time in Choice's parking lot for a total of thirty (30) minutes. We were also told at our public hearing by Patrick, who is no longer here tonight, that they couldn't build an addition on their property because insurance regulations wouldn't allow it. They have a huge parking lot,half of which never had a vehicle on it. I want all of this clarified. The other thing is, if their average client is a married man who is twenty-seven (27) years old, why are they saying this will be only for females? Probably because of most of us at Walnut Grove, they think it's going to be easier for us to accept. I want you to do research. I hope you support the Area Plan's recommendation to deny this special exception and rezoning and retain the strength of our neighborhood. Thank you, very much. Judy Shills,2612 Birch Way, South Bend, IN, stated, Good evening and thank you for listening to all of us that are here. I'm here with concerns on the rezoning to MF-One (1) of property 2610 East Jefferson,requested by Choices Recovery, located at 3606 East Jefferson, to turn this facility into a sober living facility for residents associated with this company. My concerns are real and not hearsay. I have personally witnessed how Choices has run this current facility, in part, for the last four(4)years. My daughter's home is on 35th Street along with two(2)other residents adjacent to this facility, with sizeable backyards and all amenities including a pool used for family gatherings for the past thirty(30)plus years. The last four(4) years, all of this has been hampered by vulgarity, concert-volume music, no curfew with zero (0) regard for neighbors and businesses including River Bend Cancer facility that invested dearly to outside property for clients to have a peaceful atmosphere. It is very rarely used for that purpose. Choices has been contacted because of the problems, personally, with complaints of the noise, behavior and lack of security. It has gone to no avail. So, contact has turned to law enforcement. I can not speak for the winter months, this is spring, summer and fall. Police would come, and it would get quiet for about fifteen (15) minutes. Then, in fifteen (15) minutes, the noise goes back up and goes even louder than it was before. Another thing I want to bring up about the facilities, as far as the security, it was brought up earlier by one (1) of the constituents of Choices that it was brought to their attention at one (1) of the meetings that several times, it wasn't one(1) time, but these kids jump over the fence quite often. It is different kinds of volleyballs and whatever. He also brought up that it was one(1)family picnic. Well, this has been going on for the last four (4) years. With that being said, if they are granted this rezoning, how are we guaranteed the promise of a secured facility at 2610 East Jefferson?Does it have any merit at all,considering what doesn't take place,security-wise, at their 20 REGULAR MEETING February 25, 2019 current facility? One (1) more though, and it has also been mentioned tonight. Their so-called locked security gate is either wide open or not working and people are able to just go in and do whatever they want to. This has been seen many,many times. It makes me wonder. Do they really care about the clients? Or, are they just there to make money? I, myself, and I think we have all been touched by addictions. I think I can speak for everyone, it's not the facilities we don't want. It is the location. Choices is located next to a liquor store and now this one (1) is in a residential area. These facilities should be located, I believe, in a quiet, less-populated area to get the proper care they are in such need of I thank you for your time and I do hope that you will turn down this proposal. Barbara Steele, 2630 Aspen Way, South Bend, IN, stated, I am the closest neighbor they are going to find. I do support their corporation. I do support their purpose. I am an ex-addict. I know what the hell it was like. I do know what they have to go through. That part, I support. This is in the middle of so many regular citizens.One(1)block away is a school.Across the street are apartments with one hundred and eighty (180) members. We are an organization of two hundred and fifty (250) members. Then, to the other side of us is another corporation that has apartments. All together it comes to right about 2,150 residents who are being submitted to this being that close. I do support the group. I do. I have even volunteered in a similar group. That's how much I think it is that important. I also know it's that important that it be relocated in a more commercial situation where the ladies can come in, get a loaf of bread, and go out and they don't have to worry about something happening. Thank you. Kathleen Petitjean, 119 South 26th Street, South Bend, IN, stated, I live in the Walnut Grove community. Anyone with eyes to see can see that we need healing spaces like that which is being proposed tonight. I don't think I need to remind any of you good people on this Council that this is not about whether or not our community needs a healing space for people. This is about the rezoning issue. I would like to speak about that. For those of you who received my email and read it, you know that the City Administration's interface with Walnut Grove has been less than stellar. Has anyone talked about what the traffic conditions will be like and how that traffic will be impacting our community of Walnut Grove? Let me just tell you, Walnut Grove is a multi-family, high-density community. It is zoned MF-Two (2). Our curving streets, unprotected sidewalks and the proximity of our tiny homes to those streets put pedestrians, citizens and property at risk. For that reason, our community was zoned MF-Two (2) and we have a twenty (20) mile per hour posted speed limit. I'm here to tell you today that the only people who obey the speed limit are Walnut Grove members, two (2) of the TRANSPO Bus drivers and our mailman. Every other car that speeds through Walnut Grove does so because they are using our neighborhood as a high- speed bypass. We, in Walnut Grove, begged the people on the 13th and 14th floor of the City's Administration to address our concerns in Walnut Grove about the traffic there. In 2014, Pete's Engineering Department came out and acknowledged the fact that we do have a problem with cut- through traffic and also acknowledged that almost all the traffic far exceeds the twenty (20) mile per hour speed limit. That was 2014. Five(5) years later and four(4) significant accidents in front of our unit, alone, we have yet to see any improvement to our situation. Walnut Grove consists primarily of elderly women and retirees. We have already seen the lack of respect for the zoning regulations in our community with respect to speeding. What kind of impact is a facility like this, where there will now be transport vans and who knows how many employees will be in the corporation, and they are also going to be speeding through Walnut Grove. I'm asking you to remember, please, that this is a zoning issue. We need to look at how the rest of the community is going to be impacted, both traffic-wise, tax-wise, and this nebulous solution of a fence on the corner, I just wonder about aesthetics. I just ask you to be our representatives of our community, do the right thing and follow through with the Area Plan Commission's recommendation to decline this rezoning. Tamara Mason,420 South 35th Street, South Bend, IN, stated, I've lived behind Choices for thirty- five(35) years. Thank goodness I have a thirty-three(33) year old son that is now out of the house and that he was not young when this establishment was located there. I have witnessed profanity. The same things you've heard,jumping of the fences,loud noises,no curfew at 11:00 p.m.,believe me. I've been out in my backyard and I hear it go on and on and people wonder what's going on over there. I have a sister who is a recovering drug addict. I understand there need to be places and 21 REGULAR MEETING February 25, 2019 areas for help. I do not think it should be in a residential area because of families and what might happen. I just oppose it. That's all I have to say. Brenda Raplogo, 2614 Cypress Way, South Bend, IN, stated, I live in Walnut Grove. I oppose the rezoning. I have my granddaughter,my daughter,my great-grandson that lives in those apartments right across. My granddaughter is special needs and she doesn't need to be surrounded with guys looking at her and trying to pick her up, or, you know. My grandkids don't need to be around it. It is a respectful area. I feel safe walking to their apartment. I don't know if I would feel safe in that area anymore if this comes to the area. I was hit and run on 26th Street because somebody sped past me at fifty(50)miles per hour. I had to pay for my car to get fixed. I just don't feel safe if that was there. I would just be worried about my grandkids, and my granddaughter and my great- grandson. I would hope you say no to the rezoning. The petitioners were then given five(5)minutes for rebuttal. Ms. Brown stated, Ladies and gentlemen,thank you so much. Patrick Gerrard is in attendance this evening,he will be doing the rebuttal. Patrick Gerrard, 121 Capital Avenue NE, Battle Creek, MI, stated, Good evening, Council and the City of South Bend. Thanks for having us. Yes, I've been here all evening. We've heard a lot of for and a lot of against here tonight. I, personally, understand the sensitive nature of what we are talking about. I know the Council does. I know these fine people from Walnut Grove Home Association understand our plight and what we are after, too. What we have to do, though, is find a way to meet in the middle, ok? I believe it can be accomplished. I believe under proper control, security and knowing what we know how to do, we know how to do it. With that, I was at their meeting last Thursday and I want to bring up some point here from various members of that association. A broken gate. That gate was broken. I told them last week when we were there, I put a lot of money into that gate. Brand new motors,mechanisms, sensors and everything. The gate is not broken. I can take anything you throw at me, but I need the facts. You've got to give me the fact. Some of the things we heard here were stretching the truth. The TIA Corporation. Yes, it is a for-profit corporation. Yes, it is in Battle Creek, Michigan. A foreign business? We're not from Mexico. We're not from Canada. Ok? A foreign business that is coming into this community that has been here for four(4) and a half years that wants to pump more dollars into here, it's not that I take offense being called a foreign business,but I think it's an incorrect term. Sex offenders.That came up, ok? They told us last week there were four(4) sex offenders in our program. I told them that was incorrect information. They asked me if that means the St. Joseph County Police website is lying and I said no, it is just incorrect data. And, I also know where they went. I was in the process of getting them off there. If you look at the website, none of them are on there. I did know where they went,ok?But they were not in our facility when we met with these folks last Thursday. I heard some other things. I'll build the fence if we have the money. I have no idea where that came from. I asked these people who came up and talked about noise. I asked them if they contacted the facility. Have you written a letter? Have you come over to knock on the door? They said no, so they called the police. We are there. We want to be community neighbors, folks. But, we need the information if we're not doing something correct in the neighborhood. I can't correct if I don't know what that is. We do know what it is, now. We are working on it. You will find it in your packet. As soon as the weather breaks, I want to build a privacy wall. We need to send our community outreach people deeper into this area where we are at and start asking what we can do better. There is nothing wrong with that. We are human. If there is something we are doing wrong that we can do better to become better community neighbors, in this area, we can do it. Speeding vans through Walnut Grove. I don't know what any of our people would be doing over in the Walnut Grove Neighborhood Association. Our business is on the entirely different side of the road. The clients that are going to be there are not going to have cars. The two(2)or three(3) staff there, yes, they will have their cars in the parking lot. Once again, I was thinking about a privacy fence both ways, especially for the dentist next door. With that, I want to thank the Council and the City, again, for your time. I know it is a sensitive subject, ok? We know we can do this. I would really like to request the approval from the City Council on this fight. Thank you. Councilmember Tim Scott made a motion to continue Bill No. 69-18 to the Council Portion only in the March 11th, 2019 meeting of the South Bend Common Council. Councilmember Gavin Ferlic seconded this motion which carried by a voice vote of nine (9) ayes. 22 REGULAR MEETING February 25, 2019 At 9:23 p.m., Councilmember Oliver Davis made a motion to recess. Councilmember Jo M. Broden seconded this motion which carried by a voice vote of nine (9) ayes. 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 9:35 p.m. Councilmember John Voorde presided with nine(9)members present. 02-19 PUBLIC HEARING ON AN ORDNANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2307 EDISON ROAD, 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. Councilmember Tim Scott made a motion to accept the Substitute version of Bill No. 02-19. Councilmember Jake Teshka seconded this motion which carried by a voice vote of nine(9) ayes. Jordan Wyatt, Planner for 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, The petitioner is requesting a zone change from CB, Community Business District to MU, Mixed-Use District in the area outlined in red(referencing a presentation which is available in the City Clerk's Office) on your screen. To the north are businesses zoned CB, Community Business District. To the east is a funeral home zoned CB, Community Business District. To the south, across Edison Road,is a CVS Pharmacy zoned LB, Local Business District.And,to the west,is a business zoned CB, Community Business District. On site,currently,is a vacant business and parking lot. The site plan shows the development of a new three (3) story building with retail, office and residential space. Off-street parking will be provided. The development will need to meet the development standards of the MU, Mixed-Use District. The Department of Community Investment offers a favorable recommendation saying the area would be appropriate for an urban neighborhood center. They recommend the planning of future vehicular connections for access to adjoining lots on the north end of the site to help reduce the need for curb cuts, allowing for street frontages to be fully developed and more walkable.This comes to you with a favorable recommendation from the Area Plan Commission. I would be happy to answer any questions. Councilmember Oliver Davis stated, Like I said with our position that was shared, can you just talk about how they mitigated that situation? Mr. Wyatt replied,Yeah, sorry. So,the property owner directly to the east of the funeral home was concerned about users of this site parking on his property. That was mitigated by the fact that a fence was going to be installed completely around the site. That divides the parking lot up. Right now, it's currently just paved. Councilmember Oliver Davis asked, So, that fence will help separate it? Mr. Wyatt replied, Yeah, and I'm sure the petitioner can speak more to that. Councilmember Oliver Davis stated, I appreciate that. Leonard Connaughton, 18512 Summer Wind Lane, South Bend, IN, stated, I'm the Vice President of Beach House LLC. We purchased the property in November. The existing building is one (1) story and it was currently used as a honey-baked ham shop when we purchased it. We would like to demolish that building and build a new 10,000 square foot building with 3,500 square feet of retail space on the first(1St) floor, 3,500 square feet of office on the second (2nd) floor and one(1) residential apartment. We think it's an improvement and a benefit to the area. Hopefully, we get your approval. Councilmember Tim Scott asked, Do you have any businesses for the office or for the retail space below? Mr. Connaughton replied, No, we didn't talk about any of the leasing until we went through this procedure. 23 REGULAR MEETING February 25, 2019 Councilmember Oliver Davis asked,With the sixteen(16)parking spaces,do you think that would help clear up everything else,too? In terms of what will be enough when you consider the business, the person living there and those kinds of things? Will the sixteen (16) parking spaces be enough for everything? Mr. Connaughton replied, The leasing area for both the office and retail areas are about 3,000 square feet each. The current parking regulation is two (2)per 1,000 square feet of retail and three (3)per 1,000 square feet of office. The residential only required one(1)parking spot. So, we have sixteen (16) when, really, we only need fifteen (15). We have a dumpster enclosure which we are not required to have but it makes the building more attractive. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Pat McGann, 2313 East Edison Road, South Bend, IN, stated, I am immediately to the east of the proposed rezone. The current property they are going to tear down is one third(1/3)the size of the building they are going to build, and it has twenty(20)parking spaces. It is no where near enough parking. So, I don't know. I don't write the zoning laws and I'm sure the people that do know a lot more than I do. But, it has definitely always been a problem with that small lot. It was a Pizza Hut prior to the honey baked ham company. It's never stood vacant very long. It just became vacant this year I think or the latter part of last year when the honey baked ham company moved up to Tuscanna Park in Granger and north Mishawaka. So, this is an improvement in the neighborhood. There is no question about that. This is going to be a much nicer building than what Pizza Hut had. So, I'm not speaking against this zoning at all, but I was hoping we might be able to come to some sort of compromise, seeing that I am experienced in the neighborhood having been there since 1984. I also own the property to the north of that. The Area Plan Commission had put in their plan to put in some kind of ingress-egress up there and that is not part of Mr. Connaughton's plan, as I understand it. That would have to go over my property anyway. The fence is a great idea, although, I don't think he can build the fence all the way to the street. It wouldn't be safe. So, may I approach this map up here? (referencing a slide in the presentation) Council President Tim Scott confirmed, Yes. Mr. McGann then informally addressed the layout of his property,relative to Mr. Connaughton's, and shared a few traffic, seasonal, parking and safety anecdotes. He then stated, My proposal is, and it is something I hope Mr. Connaughton and his associates agree with, to place the building all the way back as far as possible on the property. That would allow all the parking to be up front near the door for easy access and handicap accessibility. Plus, their vegetation is growing. So, I hope is passes. It's a good use of the property,but I would just like to see the building move back. The petitioner was then given five(5) minutes for rebuttal. Mr. Connaughton stated, The parking on the site plan is done by a civil engineer. That is the amount of parking we have. With regard to the entrance of the retail space, there is an entrance at the front of the building for pedestrian traffic and an entrance at the rear of the building. We could have pushed the building back. I would require a variance. In Mixed-Use Zoning,the building has to be on the lot line or twelve (12) feet back, either/or. We are willing to work with Mr. McGann to find some resolution. We still plan to have the fence and we are eliminating that current egress that exists on Mr. McGann's property. That will be closed off. Councilmember John Voorde asked, How far toward the street can the fence be? Mr.Wyatt replied,You can build a fence all the way up to the property line. In this case,it wouldn't work out, though, because of the clear site requirement. So, the closest a fence could be in this situation is ten (10) feet to the southern property line. Councilmember Oliver Davis asked, In terms of the parking right in front, could that be designated for handicap? Then the rest in the back part? Mr. Connaughton replied, The handicap spots are right there in that L shaped side of the building. Councilmember Oliver Davis clarified, Up front. Wait, are they all in the back? Isn't that correct? 24 REGULAR MEETING February 25, 2019 Mr. Connaughton replied, There is no parking up front. Is that your question? I'm sorry. Councilmember Oliver Davis stated, There is no handicap parking up front. Councilmember Jo M. Broden stated, Just for clarification, there is access to the retail area off of those handicap spots in the back. Correct? Mr. Connaughton confirmed, Yes. Councilmember Jo M. Broden followed up, Ok. Just speaking from the District, there is an entire length of Ironwood north that has been developed with parking from building to street and there are not even walkways the entire length of Ironwood on the east side. So, while we think moving a building, while it would be a burden on you the petitioner to have to seek a variance, I think it would also be a burden on the neighborhood to not allow a facility sidewalk access and walkability. Frankly, I think that is a huge issue from a development and vitality standpoint. So, I think the burden would be on you to change your petition and I just don't think it would meet good planning standards.And not just planning standards,but the test of the neighborhood where,again,you have parking from every one (1) of those other businesses. Up until a year ago, you couldn't walk on the thoroughfare safely. Thankfully, on the other side of the street, we've been able to construct a sidewalk. As the representative of the district, that was a priority that was indicated to me. Yeah, people would like to have sidewalks on both sides. I think it would be a great business decision, but we can't force that now. I'm just speaking from what I've heard, overall,the connection to the neighborhood and, frankly, what allows businesses to thrive over time. So, yeah. I'm not into moving buildings. Councilmember Oliver Davis interrupted, To add to that, Mr. McGann, you shared in our Area Plan meeting about during the holiday season. I'm over there a lot and it creates a mess. Councilmember Oliver Davis requested Mr. McGann to share what he shared at the Area Plan meeting. Mr. McGann stated, The Post Office a few years ago were considering a move to the old Target building out on Hickory Drive. That is what the local Post Master wanted to do but he got chopped down by the Regional Director or Washington D.C. or something because it wasn't in the middle of his postal zone. So, they know it's a problem, everyone in the neighborhood knows it's a problem and the late Ann Puzzello helped me many years in a row because the Post Office would park two (2) police cars out in front. They would take up a whole lane and there would only be one (1) lane coming west because they took it up. So, I got them to get rid of that and now they actually put those police cars on the sidewalk and parkway. Councilmember Oliver Davis interrupted, And the new development on Ironwood did not help address that? Mr. McGann replied, Oh no, they cut right through. Councilmember Oliver Davis reiterated, They cut right through. So that situation, that is the issue we are dealing with here. Mr. McGann then informally addressed the Council with a few more anecdotes regarding traffic relative to his nearby property. Councilmember Oliver Davis stated,Thank you,we're good. That's the reason, I mean, in light of what he's saying, I would like to make a recommendation that, and we just heard this petition at Area Plan last week. We have some time on this and they worked out some things earlier. I wish that we can come back to address some of the issues Councilmember Broden has said and work out some things over the next thirty (30) days and work back on things. I'm just hoping that we can because there are a lot of things there that I thought were good points raised by Mr. McGann. Councilmember Jo M. Broden stated, I didn't have any issues. Councilmember Jo M. Broden made a motion to send Bill No. 02-19 to the full Council with a favorable recommendation. Councilmember Gavin Ferlic seconded this motion which carried by a voice vote of eight (8) ayes and one (1) nay(Councilmember Oliver Davis). 25 REGULAR MEETING February 25, 2019 Councilmember Oliver Davis interjected, It's not ready yet, though. It's still messing up his property. Yes, it is. Councilmember John Voorde stated, They'll have a beer and work it. Councilmember Oliver Davis stated, It should have been worked out before it got up here tonight. 05-19 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST/WEST PORTION OF DUBAIL ST. 29.8' IN WIDTH RUNNING WEST APPROX. 303' FROM RIGHT-OF-WAY OF S. OLIVE ST TO PARCEL 018-8102-3875 Councilmember John Voorde, chair of the Public Works and Property Vacation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Lori Gesto, 1705 South Olive Street, South Bend, IN, served as the petitioner for this bill. Ms. Gesto stated, It is my request to vacate this portion of Dubail. We have, for several years now, used it as our north driveway. There it is (referencing a picture displayed which is available in the City Clerk's Office). We would like to continue doing that. We have actually been asked by the City to vacate this property because of the 2020 plan for Olive Street beautification. So,that is my request today to be able to do that. 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 Oliver Davis made a motion to send Bill No. 05-19 to the full Council with a favorable recommendation. Councilmember Gavin Ferlic seconded this motion which carried by a voice vote of nine(9) ayes. Councilmember Oliver Davis interjected, Cool. 03-19 PUBLIC HEARING 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 Karen White made a motion to accept the second (2nd) substitute version of Bill No. 03-19. Councilmember Gavin Ferlic seconded this motion which carried by a voice vote of nine (9) ayes. Councilmember Jo M.Broden,chair of the Health and Public Safety Committee,reported that they met this afternoon and send this bill forward with a favorable recommendation with a number of amendments (reflected in the second(2nd)substitute version). Suzanna Fritzberg, Deputy Chief of Staff to the Mayor of the City of South Bend with offices located on the 14th floor of the County-City Building, South Bend, IN, served as a presenter for this bill. Ms. Fritzberg stated, I will defer to Council if you would like me to go through each of the changes of the substitute bill as part of this presentation(which is available in the City Clerk's office). You don't have to say now, but I will run through just a quick overview. Councilmember Jo M. Broden interjected, I'm good, I've checked them off per what we've discussed. I know our attorney has checked them off, so, it is up to you all. Councilmember John Voorde stated, Unless there is a specific request to do so, from Council, please proceed with your abbreviated version of the presentation. Ms. Fritzberg continued, Excellent. I introduced myself and will also introduce other people to speak as part of this presentation including Jamie Morgan, Project Manager in the Office of the Mayor and Tracy Skibins,Director of Code Enforcement. In attendance is also the Deputy Director 26 REGULAR MEETING February 25, 2019 of Code Enforcement Marlaina Johns, Chief Inspector Jim Wood, City Attorney Tom Panowicz, and a number of both inspectors and office staff for the Department of Code Enforcement. As I shared with you earlier this afternoon,three(3) core points from this presentation serve a reminder of why we are doing this: A lead poisoning crisis and a desire to inspect for vulnerable residents, a refresh of our implementation plan and a reminder of the changes we've made now in our second (2nd) substitute bill. I will not go through those in an itemized fashion but that should have all been checked in accordance with our current version we have as part of our unity meeting. Ms. Fritzberg went on, We know rentals are about forty percent(40%)of housing in the City. Our proposal, here, is to improve the safety of rental housing in South Bend, particularly for families with children, by verifying compliance with existing safety standards through a proactive inspection protocol. As a reminder of the housing and health data that underpins a lot of this effort, there has been a great deal of research, particularly in recent decades, around the links between housing safety and resident health. We know there are health impacts, not only from things like lead or mold that we see as drivers of chronic public health problems, but even acute dangers like fire safety. In South Bend, we know there is particular issues with lead. Eighty-two point-one percent (82.1%) of all of our housing units are structures built prior to the ban on lead paint in 1978. You can see this heat map (referencing a presentation which is available in the City Clerk's Office). Particular Census tracts have exhibited very high levels of child lead poisoning. I want to note the endorsement of this proposal from the Board of Health, the Lead Affinity Group which includes public health faculty and workers, and the support of the Fire Department. I know you were able to hear earlier from Heidi Beidinger, Kathy Schuth and, obviously, Chief Cox this afternoon. Tracy Skibins, Director of Code Enforcement with offices located on the 13`h floor of the County- City Building, South Bend, IN, served as a presenter for this bill. Ms. Skibins stated,Very briefly, I just wanted to highlight a few obvious violations we will be looking for. None of which would be brought to our attention if a caller did not reach out to us. So, obviously, if an inspector is passing by a property, they won't know what's going on inside. The first (15`) example is a collapsed ceiling. That is what the phone call was about and once inspectors go inside,they found out that the roof was leaking and there was mold growth, pealing paint, etcetera, etcetera. The second (2nd) example was the original call was for no heat. When the inspector goes inside, they found out the temperature was at forty-five point-three (45.3) degrees. There was water damage including falling tiles from the ceiling. We are not focusing on cosmetic violations. We are focusing on health and safety standards. Ms. Fritzberg stated, Thank you, Tracy. Again, as a reminder, the proposal we have for you today is, essentially, a process change. Rental housing inspection is handled either through a complaint- based process or proactive inspection. Rather than addressing housing safety on a case by case basis and relying on tenants to report those issues, proactively conducting inspections ensures a higher degree of compliance with basic safety standards. Again, there are no new standards here. We are looking at regulations that exist in the law as it stands now. I would also just remind you that proactive rental safety inspection is a tool utilized in cities across the United States including West Lafayette and Bloomington, Indiana. The analogy here, again, is restaurant safety inspections. We don't eat in restaurants that wouldn't have received a health inspection. Certainly, if there was a proposal to take restaurant safety inspections back from their current proactive inspection basis to a complaint-based system, I don't think any of us would be eating out as much in downtown South Bend as we currently do. I'm sure it would be a crime. I'll remind you, again, of the foundational principles. HUD outlines eight(8)things that are outlined to maintain a healthy home. Our goal is to ensure that these standards, already required by law, are uniformly followed and that tenants, across South Bend, can access safe and healthy housing. Ms. Skibins stated, I would like to highlight what will take place during the rental inspection. The Code Enforcement Inspector will look at the conditions of the property inside and out. The occupant and the owner of the property will know, in advance, what it is the inspector is looking for, so they can make any changes prior to the meeting. Upon successful completion of the inspection of the rental, a Certificate of Rental Safety would be issue for up to five (5) years. I would also like to highlight some of the training and background of the inspectors who will be conducting the inspections. Some examples of training experience include heating,weatherization, 27 REGULAR MEETING February 25, 2019 asbestos testing, OSHA courses, construction, and lead awareness. We've also identified a few houses in South Bend where the inspectors have gone through, together, to look for these violations, lead by our Chief Inspector Jim Wood. Jim received his certification through the International Property Maintenance and Housing Course. All of our inspectors that do the housing program will also be certified by the end of the year. The inspectors have tenant cultural competency training. They've met with the Human Rights Commission and they have weekly meetings where they are often tested by our Chief Inspector to make sure everything they shared was retained by the inspector. This(referencing a slide in the presentation)includes an example of some things you will see on the checklist. Hopefully it is twenty (20) minutes in, twenty (20) minutes out and focus on minimal safety standards which includes fire safety, water, heat, proper plumbing, mold and mildew, chipping or peeling paint and leaks. Again, we are not focusing on the cosmetic issues but the health and safety focus. In and out as quickly as possible for inspector and for the person who is showing us through the property. Jamie Morgan, Project Manager for the Mayor of the City of South Bend with offices located on the 14th floor of the County-City Building, South Bend, IN, served as a presenter for this bill. Ms. Morgan stated, I am going to share a little bit about our program implementation and kind of take you through the math.We have about 16,000 rental units in the City of South Bend.That represents that forty percent (40%). Of those, we are expected to inspect 7,500 of them. That is because for multi-unit complexes, we will be doing a random sampling of the units so that we won't be in every single one(1)but get a good idea by going into two(2)or three(3)of them.We are reducing that for the number of exclusions. So, not every property will be eligible for this. We wouldn't be looking at short-term rentals, government inspected housing, units constructed in the last ten (10) years or units that have received a satisfactory inspection through another source. Whether that be through a private inspection or through a real estate transaction inspection. Those would meet the same requirements as this would. Ms. Morgan continued, Throughout this program, we've done a lot of community engagement to get feedback from people who are within the industry, who live in rental housing and who work with renters. One (1) of the main changes from the previous meeting was to our implementation process. Our first (Pt) year will focus on active and open Code cases and referrals from the St. Joseph County Health Department. Then,we will continue accommodating landlord requests. We are looking at ways to incentivize landlords contacting us and being proactive about this. We will also, in year two (2), start the geographic phase-in, focusing on Census tracts that have a high proportion of children that have tested high for lead levels. That will start us in Census Tracts Six (6),Nineteen(19), Twenty-One(21), Thirty(30), Four(4) and Five (5). We expect to get through the City at a rate of fifteen percent (15%) per year, ending at about 2025. Ms. Morgan went on, So, to look at the feedback and changes we were able to incorporate, since the Committee meeting, we've done a lot to simplify the language of the bill so that it is clear and can be understood. We also made changes so that we are able to reduce fees that might not be necessary and waiver some eligibilities for inspections. Also, we looked at moving down the number of units a property has to have in order to get a multi-unit random inspection.Then,looking at how we continue to monitor this bill and making sure we are putting in steps for self-certification in addition to making sure rental standards are set throughout this and that they are very easily understood so that people have the opportunity to succeed within this bill. Ms. Fritzberg stated, I will also highlight two (2) additional parts of feedback that resulted from this most recent Committee meeting. As Council has seen, we have filed as an addendum to the ordinance, a specific list of criteria in response to a request from the South Bend Mishawaka Area Organization of Realtors. We've also clarified a five (5) year certificate. A landlord doesn't have to hop on the first(1St)year.They can wait for the geographic expansion of the program and remain eligible for that. We clarified some language relating to the group homes as well as a variety of other issues that Councilmember Broden outlined. We've heard from a number of experts on this issue including Judy Fox and the Notre Dame Law Clinic and Heidi Beidinger with the Board of Health. I want to close our presentation with a few words from Ruth Ann Norton who is the President and CEO of the Green and Healthy Homers Initiative. That is a nationwide network founded in Baltimore that works with communities on strategies that promote health housing. We were lucky to receive a grant from the State of Indiana to become a GHHI Compact City. That is 28 REGULAR MEETING February 25, 2019 what we are working toward and we have been in close communication with her staff as we've formed our City's lead strategy. She also has a great deal of experience working with programs of this nature and we think she can offer some constructive comments. Ruth Ann Norton, President and CEO of The Green and Healthy Homes Initiative with offices located at 2714 Hudson Street,Baltimore,MD,served as a presenter of this bill.Ms.Norton stated, We were founded in 1986. My parents and other property owners came together to combat the issue of childhood lead poisoning in the City of Baltimore, Maryland, where we were named the number one (1) city in the world for the concentration of lead poisoned children at the time. As I stand here today, we have reduced lead poisoning by ninety-nine percent (99%). We've worked with over sixty(60) cities in forty-eight (48) states to advance policies and practices that take into account the role of the property owner, homeowner and resident as we work to improve the outcomes for children in this country and to address the toxic legacy of lead. We want to turn around what we face in having to deal with essential maintenance practices in aging housing stock. We want to turn that into an opportunity for kids to get to the classroom healthy and ready to learn. I've taken a long time to look at the proposal here which I think is really fair and thought out well in having to address these issues. Let me tell you a couple of quick things I think are critically important. In city after city, county after county, where we have helped implement or have supported pro-rental inspections of this kind,it's not only that kids are healthier. Families are more stable. We see a high return on investment to the community because every dollar we invest in lead poisoning in this country, we get up to two hundred and twenty-one dollars ($221) in return to communities. What we have also seen is that owners are better. The properties for owners are better. The investment being made in the rental property becomes a healthier market. That has been especially true in small to midsized cities as well as larger cities throughout the country. So, I think this is a critically important thing to point out. The data, across the board, shows we had higher investment, higher compliance and better outcomes for kids. It helps create a standardized marketplace, and a standardized way of delivering safe and healthy housing. It is critically important. This really gets to a better and a more equitable treatment of tenants. It takes away things like evictions because of complaints or fear to report. Instead, it gets us to a healthier business relationship. So, I think you are also giving better power of taking care of the problems in the community by being able to address this by the priority of problems. Then, you phase in geographically. I really want to applaud this community. I said to the Council President, I travel all over the country and the civic engagement on this is really something to take great pride in. I think it's very important to acknowledge the responsible property owners who are supporting this and helping to inform. But I think, in the end, no matter where we are and in what community, we have a moral obligation around housing conditions to ensure that children have a safe,healthy and stable environment in which to lay their heads down at night,breathe because the house is healthy and to be able to think and excel in the classroom. I don't want to spend much more time because I think you are going to hear from a lot of people on this, but I think this has been extremely well thought out about the ability to empower what needs to happen to those properties that have been causing problems. This lifts up the entire community and thinks in a forward way about the children and families in South Bend. I appreciate you allowing me to be a part of the process and observe this and I am available to answer questions if need be. Thank you. Councilmember Oliver Davis stated,Thank you. I like what you're doing.The question I have has been asked of me. Since we are, in a sense, eliminating the HUD houses and everything that is through the housing authority out of this kind of a bill, for people who live in situations that are in those types of settings, since they are still in the City of South Bend,we all in our community have heard of different issues that have been going on with our local housing authority, how do we address that? What are we going to do? As we were looking at it today and the conversation of the group homes and that concept, including this process, it made me think about that from that standpoint. So, what do we do when we have families living in that? And just to call the housing authority board and they say they'll look into it, again, a lot of people have issues with how that's been dealt with and solved. Even the Mayor made comments about that not long ago. So, what are your thoughts? Ms. Fritzberg replied,Two(2)points. First(Pt),this ordinance,even though it does create a waiver exemption for those properties that receive an external inspection, does not take us away from the complaint-based process. So, Code can still take a complaint from a tenant of any property in the 29 REGULAR MEETING February 25, 2019 City, regardless of whether or not that property is receiving a different private inspection or different government inspection. They have grounds to follow up on that complaint and enforce compliance. The other thing I would say is we've worked closely with the Housing Authority as we were putting this program together and the terms we've decided upon, the waiver properties, is that at the City's request, we can get a copy of any inspection report for a particular unit if it is necessary. So,we are not precluded from using the complaint-based process to go into any unit we receive a concern about. If we have particular concerns, independent of a tenant complaint, we have the authority to review the external inspection reports they have. Councilmember Oliver Davis interrupted, So,basically, the rationale, the best way to explain why the HUD programs were excluded, is what? Ms. Fritzberg replied, Because they receive private inspections. Councilmember Oliver Davis followed up, And so,because of the private inspections,that will be the ones and so, we will have that, we will have access to that if necessary? Ms. Fritzberg replied, Exactly. Councilmember Oliver Davis continued, And so, that way, we don't necessarily have to put that high priority. If they are still dealing with those kinds of matters, and they have not gotten them addressed,then we follow our complaints and we proceed with that kind of a situation. Is that what you're sharing from that standpoint? Ms. Fritzberg replied, Yes, it is. Councilmember Oliver Davis stated, Ok. And then the last thing about the fees. Councilmember Regina Williams-Preston interrupted, Before you move off of that, I would like to clarify one(1) more really important point about that. Councilmember Oliver Davis stated, Ok, go ahead. I'm at peace. Go ahead. Councilmember Regina Williams-Preston stated, The other thing that was really important there with the housing complexes is, what this ordinance does is if there is one (1) complaint, previous to this ordinance, we only had the ability to go into that one (1) place. They couldn't go into anywhere else. But with this ordinance, now, if it's a big housing complex, if we get one (1) complaint and we see problems, we now have the authority to look at other places. Am I correct? So, this starts to get at some of those issues Councilmember Oliver Davis interjected,Ok, I'm glad I paused.There you go.This is what people have said. When we say we are excluding them, it gives the appearance, if we are not careful,that we are just letting them go. I know we are not,but I just wanted you to share this. So,on the record, and for people watching through Facebook or whatever, they can hear you say that those organizations of housing are not off the hook because of this. Ms. Fritzberg replied, Right, certainly not. And, I appreciate you giving me the chance to clarify that. Councilmember Oliver Davis interjected, Right, and so, the last part of it, with the fees, in terms of them getting fined, there is the argument that these kinds of fees are just another way of taxing people and that kind of thing. That argument about that. Could you just talk about how these fees and fines are needed? Can you justify those kinds of things? Could you clarify that? Ms. Skibins replied, These will not be assessed until the third (3rd) inspection. So, the first (1St) two (2) inspections will be at no cost at all to the owner of the property. It is not until after that where, if there are continued issues, the fees would then be assessed. Councilmember Oliver Davis followed up, And,talk about how that is different or similar to what we are doing right now so people can have that clarified. Ms. Skibins asked for clarification of the question. 30 REGULAR MEETING February 25, 2019 Councilmember Oliver Davis asked, When you go out to a property now, how is that different from a fee if you find out that they are not following? There are people getting fined right now, do you see what I'm saying? Ms. Skibins confirmed, Correct. Councilmember Oliver Davis asked, So, what? Ms. Skibins replied, There are other enforcement tools built into the RSVP such as an inspection warrant. So, right now, our hands are kind of tied with what we have available to us but with the RSVP, things could escalate all the way to an inspection warrant where we can get a warrant to actually go into the property and inspect if we need to. We don't have that right now. Councilmember Oliver Davis stated, That is what I wanted you to share. Thank you for the clarification. Thank you. I'm at peace. Councilmember Regina Williams-Preston asked, We've talked a lot about safe and healthy, safe and healthy. One (1) of the big things we are struggling with here is also affordability. Can you speak to what you've seen around the country in terms of how we can have all of that — safe, healthy and affordable. Ms. Norton replied, I can tell you that the data shows there is not a spike in rent increases. It does, over time, lower the maintenance cost for owners. Housing is more stabilized, and,in fact, we did a deep dive in my own city to see if there was any trend in vacancy. There was some concern from owners that they would abandon properties and leave because of the cost. That virtually didn't happen. We've replicated that in a number of cities. The net effect is, truly, the rates of lead poisoning go down, the rates of emergency department and hospital visits for asthma go down,the rates for injury issues also go down. The data shows that, and I would be happy to share that at some point in time with the community and Council. Councilmember Regina Williams-Preston interjected, I understand the healthy stuff, I just want to look at the affordability. So, what I'm hearing you say is that, in your experience, all over the country, when cities have implemented programs like this, you have not seen an increase in rental cost? Ms. Norton replied, Absolutely. There's been nothing that has caused a blip. Not only have we looked at that, but the US Department of Housing and Urban Development's Office or Lead Hazard Control and Healthy Housing has looked at this issue. Over the course of about twenty- five (25) years, the data is pretty steady. Councilmember Jo M. Broden stated,I have a couple of follow-ups. So,one(1)of the components in the last section of this is monitoring the progress of the program. I think we spoke earlier about, and I don't know if you were at the Committee meeting, but, interest in making sure we capture metrics, right? You've been in this field for twenty-five (25) years, at minimum, and I guess I would like to know,perhaps,what type of metrics we can capture,as a community,before we even go to the first (1st) door? I'm thinking of being very intentional and very smart about that, right? Because, we want to know our hoped-for outcomes and if we are going to get those. Or, are we going to miss the mark? I'm interested because this is widespread through the State and the country. I think there are a lot of communities, but I'm interested in the ability to replicate and duplicate, right? So, what can other cities learn from us, what can we learn from other cities? I mean,it helps everybody,right? And then my last piece is just what metrics could lend themselves to advancing research or grant writing? Or, funding sources? I mean, I know those are loaded but that is something I would like. We are very responsible about what we choose to monitor and not monitor, and the data we keep or don't keep,but I do want to make sure we are aligning with some of these other long-standing programs that have been in place. So, I don't know if you could address that in a general way. I guess, are there model metrics? Ms.Norton replied, So,I'll start by saying the City of South Bend is starting an onboarding process to become a Green and Healthy Homes Initiative City. That standard and metric of becoming a Green and Healthy Homes Initiative City is a metric that was actually devised not just by our organization but the US Department of Housing and Urban Development as well as eleven (11) federal agencies between 2009 and today. That also includes the US Conference of Mayor's 31 REGULAR MEETING February 25, 2019 National League of Cities Council Foundation. So,I say that because it gets to exactly the questions you have. The process of that will start to address some of the questions you asked,which includes this legislation I encourage you to adopt because we think it is good for every City who has done it. But, some of the metrics you can look at are the average cost of the intervention to bring it up to Code once they complete inspection. We track that, and it will allow you to, basically on an asset and gap analysis, to know where you might need further support that either national philanthropies or other investors offer to help support home owners and rental properties. So, that is one (1) thing. Metrics to look at include housing stability. You will obviously be able to run metrics on the number of Code calls to see if they decrease over time because you have done this. So, that is cost savings and efficiency for government. You'll be able to look at hospital data and data for your Medicaid managed care that will likely, if like other cities, will prove that you are actually creating hard cash savings for the managed care system and State Medicaid system,which puts you in place to actually have your hospital systems and managed care systems become investors in the housing stock. We had a meeting about that today and they started to launch a grant that a number of groups here in South Bend have received where we are providing technical assistance to build that investment of health care. So, that is part of what you can look at and see in this and the types of measurements,I think,open you up for a lot of opportunities for investment. The other thing it will do is allow you to better align your housing resources you have, over time, to better re-manage and repurpose those resources to spend them more effectively. It all starts with what you are doing here. In every instance and in every case.Also,by being in the GHHI Network, there is an automatic peer exchange with other cities working on similar issues,and those that have been through this years ago. So, you have a lot of tiers to do that. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Andre Stoner, 628 Cushing Street, South Bend, IN, stated, I am a neighborhood networker for the Near Northwest Neighborhood and also a part-time organizer for Faith in St. Joseph County. Thank you to all those who worked so diligently on this and thanks to all those who had the stamina to stay and show support. I know we had about thirty(30)people who had to leave but they signed the sheet for support. Thank you for staying here more than three(3)and a half hours to show your support. We have folks here from the Near Northwest Neighborhood, from La Casa de Amistad, SOAR, the Lead Affinity Group, Faith in St. Joseph County and other community groups. This legislation, I just want to briefly express a few points of reason for support. This will significantly impact and improve the health and safety conditions for family members and neighbors who are renters. We had one (1) individual here this evening who had to leave but he lives a stone throw from our office. Friday, he showed me his home where he has no heat and no water. He has been in conversation with Code. They've written reports,but this legislation will give Code the tools to work on that situation. We have others who are here and are from our neighborhood, landlords, who support this legislation because it will support them as they are trying to provide quality housing for tenants. One (1) landlord wrote, and he owns several houses in our neighborhood, markets,including real estate markets, function best when there are proper rules in place and there is enforcement of those rules. This ordinance has been a long time coming. We've tried working without a law of this kind. It is time for a different approach. Then, of course, there are many of us in this room who have worked really diligently on issues of lead poisoning ever since we learned that Census Tract Six (6), as well as other Census tracts, have unacceptable levels of childhood lead poisoning. As a matter of fact, there have been about thirty(30) articles and eight (8)opinion pieces over the last twenty-two (22) months reflecting some of the really hard work that many of us had been doing on lead. Education, advocacy,increasing testing,research,working for changes at the Health Department, grants that have been funded, all of that is really significant work that has been done. In my opinion, this piece of legislation that you are considering now is probably the most important thing that we have done to date on addressing issues of lead poisoning. We know, for example, in the City of Rochester, which adopted a similar piece of legislation, over a four (4) year period, levels of lead poisoning went down by fifty percent (50%). We heard the words of Ruth Ann Norton who has experience and perspective, nationally. So, from the perspective of tenants, landlords and children who are dealing with lead poisoning, we want to express our strong support for this legislation, I believe this piece of legislation is one (1) piece, only one (1), but important, piece in the puzzle for healthy, save and affordable housing. Other 32 REGULAR MEETING February 25, 2019 pieces are also needed. This is one(1)very important piece,but it's only one(1)piece, as we work toward safe and affordable housing. I think we are going to need to continue to work with partnerships between neighborhood groups, renters, landlords, the City, and non-profits to keep working together to provide safe and affordable housing. I think the collaboration,consolation,the adjustments that have been made by the City staff and others in this process reflect that kind of collaboration and consultation. I anticipate and hope that we can continue that as we implement this and work at other ways of providing safe and affordable housing for all our neighbors. Thank you. Amanda Govaert-Konrath, 1015 College Street, South Bend, IN, stated, As a renter, I do see the value of this ordinance. RSVP is a small step in the right direction. However, it does not go far enough. This ordinance makes provisions for a review process but nowhere in that process are tenants included. South Bend is making decisions regarding the treatment of renters without actually including renters in that conversation. Many people feel talked around. We all know that renters tend to fear reporting Code violations as they fear retaliation and eviction from landlords who hold all the power. Renters are not protected from arbitrary evictions. This ordinance does not protect against that. RSVP does not address the very real issue that tenants face. There is a provision for short-term assistance should a family be impacted negatively, however, that assistance is not well-spelled out. How much assistance is going to be available? Will it cover moving costs? Possible storage fees? The deposit? First (1st) month's rent? As a renter, these are all things we must consider when we are making a move. Many people who live in this town that rent live paycheck to paycheck. Without that assistance, they are going to be homeless. While I support this ordinance, I urge the Council to continue pushing for greater renter protections. I urge the City to embrace the forty percent (40%) of its residents who do rent and make South Bend a city that views housing as a human right. Thank you. Donald Weiss, 532 t/2 Kosciuszko Street, South Bend, IN, stated, She hit it right on the head about the landlord and tenant problems we have here in St. Joseph County. I moved into my home on November 1st, 2013, I'm a veteran. Again, I served three (3) years in the US Army. I came from the Miller Veterans Center here in South Bend. I was homeless at one(1)time. I qualified for what is called the Section Eight (8) housing which was issued by the South Bend Housing Authority. My rent was being paid to my landlord because I could not afford to pay my rent. I was financially indigent. Zero (0) income. I also got assistance to help pay my gas and electric bills because I had zero (0) income. I built myself up and stuff like that. When I first (1st) moved into my house, I noticed I had some high utility bills. Cold drafts were coming out of my floors. Cold drafts were coming through my windows. Pipes froze up in my house through the winter months and I would wallow two (2) weeks without running water in my house. Mice were crawling everywhere in my house. Cockroaches, termite damage. I have photos in my possession here with me tonight. I have a letter here dated on August 25th, 2015. I contacted my landlord to ask if I could get my house winterized through the Real Services program. It would be no cost to him or me because I was low-income.They would come out and fix everything.He refused to cooperate.My roof is leaking, the foundation is crumbling, there is teiinite damage throughout the house and my furnace was installed improperly in my home. My furnace is in my living room and not in my basement. I have pictures of this. Again, the lady before me said they were scared to report it to Code Enforcement in fear of retaliation,to get evicted with no place to go and I had no money to move,no money for storage, no money for moving expenses, ok? So, I just kept my mouth shut. I had to live that way because I had no other recourse. That is not fair for veterans. That is not fair for St.Joseph County. Because, landlords need to be held accountable to fix and repair these units to make them safe for everyone. My repairs have still not been done as of today. I received an eviction notice this morning from small claims court. I have to be out in eleven (11) days. I have no place to go and I'm a veteran. And people say we appreciate you for what you do. God forbid, I'm losing my home and I don't have a place to go. I have letters from Real Services,they postponed the insulation job. I have a letter from the South Bend Housing Authority,my vouchers stopped last August. My rent stopped going to my landlord and he did not do the repairs. That is not my fault but I'm getting evicted. He'd got sued $2,700 in damages. Well, my house is full damages already. No one (1) should have to live like this. The other thing is I had a Code Enforcement officer come out and inspect my home today to see my furnace and take pictures of my mice feces. I don't know what I'm going to do. I believe in God and I'm just leaving everything in God's hands right now. I called 33 REGULAR MEETING February 25, 2019 and talked to the Code Enforcement Inspector and he said, Mr. Weiss, you're going to be out of there before March 11th when we come back to reinspect, your landlord won't let us back in. This has to stop. These landlords are taking rent money and not taking care of the property efficiently. Thank you very much for your time. Emily Dean, 815 Leland Avenue, South Bend, IN, stated, I do community outreach for the Near Northwest Neighborhood. I am also a member of the St. Joseph County Board of Health. I am a mother of two(2)young children. So,my interest in this specific policy is multi-faceted. I am here this evening to state my support for the RSVP and encourage the Council to pass it. Through my outreach work, I've had the good fortune to build lots of relationships with my neighbors in the NNN. I get to learn what matters to them. The health and safety of their families is a common concern and, a lot of times, this revolves around their homes. I have been in situations where I have knocked on doors and people have immediately looked at me as someone who can help, so, they invite me in to show me situations that I never dreamed would exist in the neighborhood, or, anywhere. So, I have really come to see this as the way that renters are treated in this City as the real issue for me,personally, and also in the work that I do. I have, on the flipside, experienced the relief that people feel when they find themselves in a safe place. A lot of times, I find that it has not always been that way. So, I have seen both sides of this. How great it can be to be in a good situation and how frustrating and worrying it can be to be in a bad situation. So, this RSVP will create a situation where tenants don't have to wonder or worry if their home is safe. It will also create a way that landlords can learn and know what a safe and healthy home is and what they should be providing for their tenants. While there are a lot of benefits to RSVP, I want to highlight that it is a crucial part to the important work already being done to combat the crisis of childhood lead poisoning in our City. We know these policies have worked to dramatically reduce lead exposure in other cities. So, please, let's do it here. RSVP will ensure that our children, my children, can play, learn and grow in safe places. We know that safe and healthy homes make people healthier. This law will be transformative for so many. So, please, vote to approve RSVP. Jeff Nixa, 730 Cottage Grove Avenue, South Bend, IN stated, I thank you for your attention and endurance tonight. I've been a home owner on Cottage Grove Avenue for twenty (20) years. I raised my two (2) daughters there with my wife Regina. You know the problems. You've heard the problems. I'm surrounded by a lot of rentals and some wonderful landlords like John Horton and his wife that own the Local Cup. When a toilet breaks in one(1) of his homes,he goes over to fix it.That is real community and real partnership. I've also experienced some real shitty landlords. What I want to focus on here,in the absence of this wonderful ordinance, and by the way I support it and I'm thrilled, there is a weakness in the existing laws that many landlords have pointed out that we already have. I tried many, many times to contact problem landlords and never once got a call back or a letter back after sending letters to P.O. Boxes and phone calls to unattended mailboxes. I finally, though, got ahold of the landlord that owned the property right next to my house. I'm a brand-new landlord now, myself, because I bought the house next door. I couldn't really afford it and didn't really want to buy it, but it was the only way I could figure out how to break the cycle of irresponsible property management. The only reason I found that landlord was because his cousin lived two (2) blocks down the street and knew I was complaining about that property. I actually got ahold of this fellow. He lived in Illinois and didn't know there were any troubles despite all the attempts we made to call. I tried to swallow, frankly, my anger and my twenty (20) years of frustrations with all the other landlords. I invited him over to my home for coffee and to talk about this purchase I want to make. There was a lot on the line because this was not a listed property. This was a private sale and he could have walked away at any time, but I really wanted to stop the craziness next door. I invited him over and started to talk to him about my vision for this house,you know? I told him I wanted to replace the windows with more energy- efficient windows, add more insulation, repair the window where all the heat was escaping, and he stopped me right there. And he looked at me like I was the most naïve tree-hugger in the world and he said,You need to stop thinking about this as a house, and you need start thinking about this as an ATM that's going to pay you eight hundred and fifty dollars($850) a month,no matter what, as long as there is somebody in there and they are paying rent. The conversation kind of went downhill from there. It was a real heartbreaker but, I kept him in dialogue for about an hour, he did all the talking,and he laid our spreadsheets in front of me. He really carefully maintained them, showing line by line how carefully he calculated his income and expenditures. He basically said 34 REGULAR MEETING February 25, 2019 the trick is keeping your repair cost as low as you can. At the end of that meeting he laughed, and I shook his hand, not knowing what was going to happen. I felt so disheartened because, for the first (1st) time, I understood why all these properties were staying at this level of disrepair. The only metaphor I can think of is the way a bad coal company might look at a coal mine or a mountain full of coal. It is just resources to extract by someone, in this case, that didn't live there. There is no sense of partnership. You know, there is a medical term for an organism that only withdraws energy and resources from its host and doesn't return anything back. It's a parasite. In this particular case,it was that kind of relationship. So, I really think this ordinance will help put some teeth into the existing laws that I'm glad we do have and are stepping forward on. A final word about just the spirit of the neighborhood, this is beyond politics and this is not what the laws are intended to address. These particular landlords,there is no concern for the actual neighbors or even the condition of the actual properties. I think this ordinance will help with that. We want good landlords. We want a blend of landlords and home owners and, this ordinance, I believe, will be a good step in the right direction. I thank you for voting in support of this ordinance. Linda Wolfson, 809 Park Avenue, South Bend, IN, stated, I'm speaking as a representative of the Community Forum for Economic Justice. The Community Forum supporting Bill No. 03-19 that established the Rental Safety Verification Program. The need for safety and affordable housing is a central concern of our organization. All residents of South Bend, home owners, tenants or homeless deserve to live in safe and healthy conditions. Rental housing will always be needed for residents who are not financially able or who do not choose to own a house. One (1) of the responsibilities of local government is to oversee issues of health and safety. This bill is an attempt to do so. We support this effort with the expectation that it will be implemented fairly and monitored consistently to evaluate its success. Jason Banicki, 3822 Ford Street, South Bend, IN, stated, I'm not going to hammer home a lot of the points made earlier. I'm apt to say don't let the pursuit of perfection be the enemy of progress. I think this bill is significant progress to, specifically, addressing some key issues and that is one (1) of the things I like about it. It is very specific. It is very measurable, and we can see if it is doing what it is intended to do, or not, rather easily. I know one (1) of the things that we heard in the Committee today is that this could disincentivize future investment in our neighborhoods. I would say with a forty percent (40%) rental rate already, and hearing that other cities didn't experience increased vacancies, it might be a good thing if we disincentivize some rental property ownership and incentivize affordable home ownership to bring more stability to our neighborhoods. So, if that is an unintended consequence of this, I think that would be an added bonus. Thank you. Angie Kline, 701 West Sample Street, South Bend, IN, stated, I am a Sergeant for the South Bend Police Department. I want to paint a picture of what is going on in some of these houses. I've been a police officer for twenty (20) years. I've been in a lot of houses. We've dealt with a lot of situations and, usually, depending upon what the situation is, we find out whether they rent, or they own,so,that is how we are in people's houses. I want to paint a picture of some of the common things that renters are dealing with that their landlords aren't taking care of. Overcrowding of houses. You'll get a renter and they will rent rooms out to ten (10) other people. I went in a house one (1) night, there were ten (10) people living in, probably, a nine hundred (900) square foot house. They rent space. And this was the renter,not the actual owner of the property. He probably didn't know that was going on. Secondly, this winter has just been brutal. The past couple of winters have been brutal. What I see a lot of are people with no furnaces or lack of heat because the appliance is so old. They are opening their ovens to heat their house. You can just feel it is just cold. There are kids in this house and that is their only means of staying warm is to open that oven. Also, overloading of circuits for space heaters because there is no furnace. Lack of plumbing. I've been to several houses where there is no running water. Or, maybe there is running water in the kitchen but there is none in the bathroom because of lack of attention to that. I've also been in houses where they are using the bathtub as a toilet and it is overflowing with human excrement. Boarded up windows. People are living in rental properties with boarded up windows that have been like that for, obviously, years because the boarding is starting to rot away. There are a lot renters that have over the limit of pets. We would go into a house for an wanted person, the person isn't on the lease and you've got ten (10) dogs running around. What happens when they move? Now, we have ten (10) more homeless pets. Another example of a rental property I went to one 35 REGULAR MEETING February 25, 2019 (1) time, the landlord had cleaned everything out because the tenants before had left a mess. So, he cleared everything out into the backyard. The kids were actually out playing in the pile of garbage. They had built a fort, really creative actually, out of a desk and then they stacked on top of that a TV stand and just garbage everywhere. That is not acceptable. A lot of leaky roofs. The ceilings are caving in. There is black mold. Property owners rent rooms and it's not zoned for that. I was recently involved in a house to where the man called himself the Inn Keeper. He had taken in all these people and he was charging them by the month to rent a room. There were twenty(20) people in this house and he is using unvented heaters with the blue flame. That is not safe. I have also been in houses with no walls. The studs are there but there are no walls. The common things here are the lack of care that some of these landlords aren't addressing. There are a lot of good landlords and a lot of landlords that maintain their investment in their properties. There is a lot of renovation going on and I usually work the northwest side of town. So, there are a lot of good things going on. These landlords that have these properties are making the ones that are investing in their properties look bad. Thank you. Christi Louis, 1920 Ridgedale Road, South Bend IN, stated, I apologize, I hope I won't take too much of the Council's time. I didn't prepare a speech. All I bring here tonight is eleven (11) and a half years of experience in property management. We've worked over those eleven(11) and a half years to build a positive reputation in the Michiana area which speaks to all the advertising that has come from the RSVP. We are in support of this bill because we've worked hard to make sure our residents are taken care of. We've worked hard with Code to have a positive relationship so that they know that even if there is an issue, we are going to work quickly to address that issue. I think it's important for landlords to understand that if you are here and are in opposition of this bill, it's probably not a bad thing for you. You know, the important thing is that we are going to have an approval for occupancy.That is only going to help grow our reputation and the opportunity for good renters inside of our properties. That helps us all win. So, thank you very much. Jim Mckinnies, 51563 Dade Court, South Bend, IN, stated, I'm the President of the South Bend Mishawaka Board of Realtors. I think there is a perception that our association is against this proposal, I just want to stand here today to tell you that is not correct. We share the common goal of safe and affordable housing for everybody. I will say, first(1St) hand, being part of the process and working through all the issues, our issues with any of the proposal was we want it to be effective. We've been working hand in hand and we are just looking forward to working for the betterment of our community, together, with Code and the RSVP. We are excited about that. I stand, not opposed, but for the proposal. We look forward to working together as an association and a community to build safer housing for everybody. Thank you. Anne Mannix, 724 West Washington, South Bend, IN, stated, I've spent about twenty (20) years inspecting poor properties. We try to buy them and fix them up in various jobs and I've seen incredible things like what the policewoman said. The problem is, if people pay rent for these, it jacks the value of the properties up, so you end up spending a lot of money that is already in a bad condition. So, I think this ordinance will help take the economic incentive out of being a poor landlord. People, if they don't get any rent, their property is not worth the money. So, I think the staff work has been excellent and I just wanted to highlight that aspect of it. Jurek Schultz, 612 Lindsay Street, South Bend, IN, stated, Part of me can't believe I'm standing up here right now because I really felt like I really supported this coming in here today and ever since I heard about this. But, I've heard a lot of people talk. I've had awful landlords, landlords I've complained to about issues of the home I'm living in and nothing was done. I've had great landlords that I say something, and it's fixed the next day. It was amazing. But I heard a lot of people talk and I think long-term, this sounds like there will be more accountability for the landlords in the area and that will lead to the homes being in better condition. I think, long-term, South Bend will have much quality of rental properties. But, I heard very little talk about what is going to happen living in these properties in that transition. I don't think with some of the houses I've seen, what happens to all of those families in the mean time? Do they go and live in Mishawaka while South Bend is in this transition? Do they go to Goshen? Walkerton? I mean, I don't know.There is a large transition where,if landlords don't own up to fixing their homes,what happens to those families in the meantime? South Bend has several homes that are vacant and boarded up. I went to Riley High School. I ran cross country and ran past boarded up houses all 36 REGULAR MEETING February 25, 2019 the time. I guess I'm just kind of concerned about those families in the meantime. I heard a lot of talk about holding landlords accountable, but I don't think I heard anything in the presentation about helping those families in those transitions when those landlords reach that point of the City having to do something. So, I guess I'm just concerned about them. But, otherwise, I think this is a really great thing. I just wanted to say my piece. The petitioners were then given five(5) minutes for rebuttal. Ms. Fritzberg stated, The assistance for renters in need came up in the most recent comment and then in another comment. In this presentation we presented an abbreviated pitch to you that didn't include all the information about the rental relocation fund that is established as a part of this ordinance. So, I will take a moment to refresh our conversation on that. That is a flexible fund that is established in partnership with St. Vincent DePaul. They have the capacity to leverage existing funding sources. They helped to oversee a number of programs that renters are eligible for and they can layer City funding as a remedy and part of a funding for families or individuals who find themselves displaced as a part of this bill. That includes moving expenses as well as additional costs. I would like to remind Council again that certainly part of the review process will be to monitor the uptick of that fund and assess, as necessary, to create any different flexibility around the use of those dollars. In addition to that, we've also created agreements with South Bend Housing Authority and South Bend Heritage to offer preference to folks who are displaced as a result of this program. I would say, as well, there are a number of housing improvements that can be performed while tenants remain in the home. Our anticipation is not that there will be a great number of displaced individuals as a result of this program. Councilmember Regina Williams-Preston stated, I'll try to hit those things and I'm going to take my time as the District representative for District Two (2) that has the largest number of larger home complexes. If you've been following this, that has been one (1) of my biggest issues. I hear and see, because I also live in those neighborhoods, families who are really struggling with this issue. We've talked about the fear of reporting. It's not just because their landlords may kick them out. Often times I see many landlords helping them or try to help them, even if they can't pay, but they have a fear of reporting because DCS may come and take their children. So, there are many factors that come into this that I think we don't always see when we're sitting up here in the ivory towers. That is why I'm thankful for those who came and spoke in terms of the tenant experience because we do have to walk this line with a delicate balance. If we're not careful, we may end up harming the people that we actually aim to support and help. That is why I'm going to enumerate some things here. Councilmember Regina Williams-Preston continued, As I mentioned, my only one (1) concern was that the initial approach was going to take too long in my assessment. I wasn't alone in that thought. That has been addressed. For that, I want to thank you. This is just walking through some of the issues to have it on record because I think, again, this whole experience has been a great display of how we can work together, with all stakeholders,to really get at the issue. So,with that, that has been addressed and we will have a way to address these large housing complexes where people have actually come in front of the Council already, shown us the pictures and asked for help. We haven't helped for years. Now, we are finally getting at that and so I'm thankful for this ordinance.Number two(2),one(1)of my concerns was our capacity to actually address the issues. We had no metrics, which, was also a concern. Like, how do you not have data in a data-driven society on how many of these properties we might have to deal with? So, moving forward, somewhat blindly, but, I had concerns on our administrative capacity to handle what comes through the door because once we start the billing process, inspections and re-inspections, do we have the capacity to get that right? Quite frankly, we don't do a great job of handling what we've got now. So, that has been a very big concern. Also, I wonder about the capacity to remedy the problems once we find them. Do we have enough contractors in our community? That is a challenge but also an opportunity. So, this is where I'm calling on other parts of City government but also people in the community to connect. Let's figure this out in this year that we have, or this time, whatever, we have to start pooling together the contractors that are going to be working on this. So, this is the way we can address the issue of minority contracting with the City. I see some people in the audience here from the Department of Community Investment who are working on that. 37 REGULAR MEETING February 25, 2019 Councilmember Regina Williams-Preston went on, So, again, another plus in our favor. We took something that was a problem and,through working together, we have raised our awareness about the need to address that. That is where that working group is going to be really important. So, I appreciate, again, for you putting that in. Some thoughts on the working group, we have mostly, as it's written,folks from the City and things like that,I would like to consider having a community voice on that working group as well. There has been discussion about organizing a tenant's rights organization City-wide and maybe have a tenant on there and also maybe having someone representing landlords in that working group. That monitoring is going to be critically important. I'll get to metrics in a second. The appeal process was something that was suggested.We are going to have situations. As much as we train, we are never going to have everything perfect and people are not going to agree. We are going to have to have some sort of appeal process. The State Law, as I understand it, is what we are leaning on for that. That is not acceptable. You have ten (10) days,basically, and you have to file a lawsuit against the City. It's way too cumbersome for things that can be resolved.Maybe that working group becomes a place where people bring their concerns and have a quick turnaround appeal process. I don't know. But, I think we need to talk about that. Our City government needs to address that anyway within the regular Code hearing process. We have to have a way for people to not agree with the decision made in the hearing and get some sort of quick look at it to see what we can do to work it out. So,please, think about that. Councilmember Regina Williams-Preston continued, With regard to metrics, one (1) of the concerns was losing good investors. I don't like the language good or bad landlords. It's easy to say but it, whatever, we'll work on that. I'm concerned about the loss of low-cost rentals. Somebody, thank you for being brave enough to stand up, after all the wonderful testimony and talk about that because I think that is the issue you were getting at. What happens? What if there is a situation and what if it does go up? What if somebody is in a situation and we can't find them a place, where do they go? I loved what somebody said earlier, they said we have to ask ourselves what kind of City do we want to be? I think we want to be the type of City that is diverse,inclusive, we make space and we are intentional about making sure that whatever policies we put in place, we do not push out the lowest tiers of income and the people that have the least and need the most. We have to be diligent and that needs to be part of our metrics and capture that somehow. What is the average rental cost going on? How is that changing over time? So that we don't wait until two (2) years from now and be like, Bang, where did all the poor people go? You know what I'm saying? So, we have to watch that over time. Councilmember Regina Williams-Preston went on, Also, in terms of metrics, I mentioned earlier, I would like to see the number of families after three (3) months, six (6) months, a year, recorded and maybe even somewhere very visible as a celebration on our website. The number of families that have been moved to safe and affordable housing by relocation or remediation. We need to celebrate that and let people know this is working. That's how we will be able to really address these issues. Also, metrics, I mentioned the Racial Wealth Divide Report. There are ten (10) essential questions in there. We commissioned that report to make clear that we realize there is a big divide. There is a problem. Housing is one(1) way that people, well, I love what she said. She said housing is health care. That is beautiful. We have to start thinking about it in that way. There are a couple questions. They give us ten (10) questions. Two (2) questions, I think, we should definitely look at is will this policy increase access for people of color and poor people? That goes back to if we are losing the lowest tiers of folks because they have to move out because they can't find a space. Also, is this having a positive impact on equity? Same type of thing. Councilmember Regina Williams-Preston continued, Finally, with metrics, I mentioned the working group and bringing the community voice to that, so that's good. Alright, so,one(1)thing, the reason I take my time with this is because I feel like sometimes we pass legislation to address a particular really important issue like making sure everybody is in safe and affordable housing. We feel good about ourselves and go home and pat ourselves on the back, but, I don't know how many of you have ever been in that situation and there may very well be some here, but, we have to make sure that somebody asks is this effective? Ok? Because we've tried to get at this issue of chronic problem properties. We've passed legislation in the past. Chronic nuisance, landlord registration, now, we are doing RSVP and the truth is, it hasn't worked in the past. I have a lot more hope for this particular legislation,but the City can only do so much. That is the real truth of it. Code Enforcement has certain tools,just like the Police. Like, we want to call the Police about 38 REGULAR MEETING February 25, 2019 everything,well, guess what?You call the Police,you might get arrested. You know?Then you're mad because you called the Police. So, we also have to begin thinking about what we can do as a community. So, all these hardcore people staying here until 11:30 p.m. listening to me go on and on about one(1) of the most important issues of my heart, we have to step up as a community and say, you know what,there is more that we can do. That is how we really solve these problems and that is how it becomes sustainable. So, the City can do incentives but that is going to be limited because I don't think we want our tax money necessarily used in that way. But, there are some things we can do. Somebody in this group, anybody who is interested, please step up and work with us to create that tenant organization. We need advocacy and we need education because there are tenants who don't know how to care for their properties.They get in there and they are stuffing up toilets, breaking stuff and that is a problem, too. So, we need tenant advocacy and tenant education. We need landlord certification and landlord education. RIA does an excellent job. The people who are connected to that, I've been to a couple of their meetings and they are always about improving their craft and working with each other. They even invite tenants to come to their meeting. Councilmember Regina Williams-Preston went on,But this is an important point. I know,it's long, but hang in there with me. One(1) of the things I've heard through this process, also, if you don't have the money to fix up the properties then maybe you shouldn't be in the business. Well, let me tell you the experience of the people in my neighborhood. I know a lot of people who have parents who pass away, and they inherit this home. The home may already be in bad shape. Maybe not even livable. But this is still a low-income family that now has a potential asset. They don't have the money right now to fix that house up but everybody in here knows the importance of home ownership and helping people leverage themselves out of poverty. When we look at the racial wealth divide,that is what's happening to African Americans because the current system says, oh, sorry, you can't fix it up, I'm going to fine you,next thing you know your house is on tax sale and I'm taking it from you. We have a problem with African Americans, other people of color and many poor people not being able to pass on generational wealth. So, these are the types of things we have to ask ourselves when we create policy like this. How does it impact different people? These broad strokes don't work. People have different circumstances. You have the landlord who is absentee and just using their house like an ATM. That is problematic but then you also have other situations. So, we have to be able to address those. That, again, is where that working group can come in, and maybe also some of this appeal process. I know Code Enforcement has done a great job, thank you Tracy, in recognizing these issues and other situations. We need to apply that here as well. Councilmember Regina Williams-Preston continued, So, landlord certification and education, if there is a situation like that,which I have seen quite a bit,how can we plug them into a group like RIA so they can learn and access the resources the City has available. Now, somebody said it's time for a different approach. This is it. We create partnerships like we are doing today. Tenants, landlords,home owners and the City.We get rid of that language of the bad tenant,the good tenant, the bad landlord, and the good landlord.Truth is,there is bad and good in every group. Let's focus on, and this is where we need the help from the community. How can we match those tenants with landlords? That is something the City can't do. We can't sit up here and legislate that. But there is somebody out here, neighborhood associations, you guys know who the struggling tenants are, and the landlords who are maintaining their properties well. Let's get that going so we can starve out those people. Why do they continue getting government dollars? I have a real problem with that if they're not maintaining their properties, but those people have to have somewhere to go. That's on us as a community. Again, the issue of contractors. We need to rally those contractors, help train and license those people to meet these needs. And guess what? I think I hit all of the things on here. I know you're glad about that but I just want to, again, thank everybody. I don't want to see you guys disappear. Once we pass this, and I think it will pass, I know I'll be voting for it, we need this kind of advocacy around all of these different ongoing issues because the City is going to need help to make sure that this is effective. This is just the groundwork. We need to make sure it works. Thank you. Councilmember Sharon L. McBride stated, I just want to say thank you to the Administration for working with the Council and making sure that we had an opportunity for our input. Also, for making the changes. One (1) of the things, I think a lot of it has been said, but I just want to say 39 REGULAR MEETING February 25, 2019 thank you for answering a lot of the questions when we talked about the ramifications to landlords. If I'm not mistaken, there was a proposal to be an eviction defense attorney, so I appreciate that piece being in there to help protect. So, I hope that the accountability piece can start today. We've heard some testimony of some issues that I trust Code Enforcement will look at as we move forward. I will be supporting it as well. Councilmember Jo M. Broden stated,Thank you. This really does represent a tremendous amount of work over a tremendously long period of time. I think the process has been good. I think the collaboration has been outstanding between the industry, feedback from the public, Council Members, and staff across many different departments. So, thanks for that process. It leads me to say this is probably the, in my opinion, probably the most comprehensive and well-thought out piece of legislation. I really do see this as a very, very, very strong piece of legislation. It really has gotten better by the day thanks to really good input. The two (2)members to my right are dead on with their comments. So, I'm not going to go that direction. But, I am going to suggest two (2) minor amendments on page eleven (11) for Council's consideration. This actually captures the spirit that we have had while working on this and it being so collaborative. This shows the real importance of public engagement. It has been strong, let's keep it strong and I do appreciate the working group embedded in this. But, with regard to the members of that group, I would suggest that Council colleagues consider expanding it to two (2) Council appointees. Specifically, I think when we operate as a Council most effectively, we have district voices and we have people who have levels of expertise. Our responsibility is to our districts, but I think we also have to consider the folks on the far end of the people and the balance that At-Large members bring in terms of the scope and the benefit of that lens for the entire community. So, I would actually suggest that be made plural to read two (2) Council Members appointees. I do think it's important to keep that Council and not have citizen appointees. This is our work and we need to be all in on this in the next couple years as this rolls out and as we look to make any changes or improvements. Councilmember Jo M. Broden continued, My other point related to this strong public engagement that has happened heretofore, well, sorry, let me go on that same sentence. So, two (2) Council Members appointees, strike the word and, continue with Mayor's Office leadership, strike the parenthesis, and let's get at a staff representative from the Department of Community Investment. So,we strike staff members and it reads a staff representative from the Department of Community Investment. I think what we've done with some of our smart studies and our working with national partners, it has teed us up and put us in a nice location. I want to make sure we have that ability to respond with complementary programs as we make changes. I think the best avenue within our City's Administration is to actually pull in those representatives that already have been working on this and have brought in some really good resources. I want to acknowledge Pam Meyer, who is in the audience tonight, a staff member, and there is more of you involved,but your division and your ability to capture some grants that are going to really shore up and work in parallel with this makes me very comfortable approving this. So, a representative from Community Investment, and then the last piece I would like Council Members to consider is, if you continue on that sentence, following the first(1St) three (3) months and six (6)months, I would like to include and thereafter at regular intervals. Ok? I will leave my suggestions up to us.But,that is not just a report delivered. So, strike out make a preliminary to read the Mayor's Office will report to the Common Council at a public hearing. I think this gets to some concerns about community voice, landlord representation, and tenant representation at least from my standpoint. We have seen the effectiveness of public meetings held on this. We've had Committee Meetings at the Health and Public Safety level and we have had good hearings here tonight. So, those are just some recommendations that I would like Council to consider. Councilmember John Voorde clarified, Councilmember Broden, are you making those in form of a motion? Councilmember Jo M. Broden confirmed, I would like to make those in form of a motion if time is appropriate. Councilmember John Voorde opened the floor to discussion on the motion. Councilmember Oliver Davis stated, Yes, if we are going to include them, which I have no problems with, I think we need to specify having at least two (2) tenants, people who either have 40 REGULAR MEETING February 25, 2019 experienced housing issues or who have been tenants themselves. I recommend at least two (2) because if you only have one(1)person,they may feel intimidated to speak up. So, I think if we're going to add, we need to add tonight, at least two (2) people who are tenants. Who are not only tenants from a beautiful neighborhood and beautiful home but who have come from situations that are on the list of homes who have been targeted,who have had problems with lead and experience with this because there are a lot of tenants and if they come from landlords doing well,that defeats the purpose. We need to have the voices of the people at the table with us and not just present to us. So, I think at least a minimum of two (2) people who, especially like on that first (1St) list of people we are going to target in 2019, two (2) people need to be there from that list on a regular basis and then I will be comfortable in supporting what you have done, Councilmember Broden. A minimum of two (2). Councilmember Regina Williams-Preston stated,As I mentioned earlier, I did like that but I would like to have tenant and landlord representation. Councilmember Oliver Davis interrupted, I don't mind. Councilmember Regina Williams-Preston tried to continue, It's just so you have. Councilmember Oliver Davis interrupted, I can live with that. Councilmember Regina Williams-Preston stated, It is a demonstration of the partnership we have all together. Councilmember Oliver Davis interjected, So, two (2) of those and two (2) of those. I'm at peace. Councilmember Jo M. Broden stated, I'm actually going to speak to that particular amendment. I do think there will be information that is within this work group, when we are looking at these measurements and metrics, I do think there are some confidentiality issues that really would be significant that we really need to be careful about. I actually really thought about landlord and tenant representation and that is why, though I don't see it as an appropriate fit for the working group, but not precluding additional robust and frequent opportunities for public. That is why I made the three(3)part change here because I think doing it at public hearings,to Council, and that three (3) month, six (6) month, and thereafter in regular intervals, we get that same benefit of thorough representation of not just one (1) tenant but all tenants that either have a plus or minus with regard to this. So,that is why I kind of put those two(2)things together as the hearing process. Councilmember Oliver Davis interrupted, With all due respect to that, I think that we are public officials and I'm a therapist, I understand confidentiality, really, but my role as a public official and my role as a therapist is a whole different ballgame. I think that the tenants and the landlords need to be there and I believe you can find tenants if you want to say something of a private nature, I think you find tenants that can share that because they have to be more private than we even can because they have to deal with the risk of being thrown out. The landlords almost have to be even more private because they don't want to be in the situation where they feel they are being discriminated against. So, I think that we can have tenant and landlords at that part of it because that was my key note here. I really think they need to be at the table from the beginning and I think they need to be involved and not everything is made, and we present to them. That is the problem. We don't need to present, we need to work with. I think that is where I see that. Councilmember Regina Williams-Preston stated, I concur. Councilmember Jake Teshka asked,So,if we would expound on that,who would be the appointing bodies? Councilmember Oliver Davis replied, We could have the Council and the Mayor's Office but I really don't mind. Councilmember Jake Teshka followed up, And you mentioned you wanted to find a specific type of tenant. How? Councilmember Oliver Davis replied, We have lists they presented us today of at least six hundred (600) homes they are going to target this year. We already know who the trouble houses are. So, we have over six hundred (600) houses and I'm sure at least two (2) people can be found within 41 REGULAR MEETING February 25, 2019 those trouble houses that would be willing to come and work with us. I mean, we had a gentleman right now, bless his heart, over there and told us publicly to tell us he has eleven (11) days to live in terms of no housing. And so,therefore,he came to share that. So,my thing is,people are willing to come and talk to us. They call us all the time. As a school social worker, I hear them all the time. So, I think we would be willing to find them, from that list, and the landlords, too. That answers your question. Councilmember Jake Teshka replied, Yeah, but if we are throwing this out there, I think we need to clarify. Councilmember Oliver Davis interjected, Oh, I agree with you. I've got no problems with that. Councilmember Regina Williams-Preston stated, I think we have to have a different approach. I think the approach needs to include community voices at the table during those discussions because that is where the stuff happens. I trust that our leadership from the Mayor's Office, the Council, whatever, that working group will be able to figure out how to do that. And as this community has agreed upon that you all will work on a tenant's rights organization, there might be leadership out there that emerges that says, ok, this organization will send a representative. So, I would like to include the tenant and landlord piece and then allow the working group to work it out as to how to identify those folks. Councilmember Oliver Davis interjected, I agree. Councilmember Jo M. Broden stated, I want to stick to my original two (2) motions and it is not to preclude landlord representation or tenant representation,but I would like to actually call a vote. Councilmember Jake Teshka seconded the original two (2)motions which carried by a voice vote of eight (8) ayes and one(1) nay(Councilmember Oliver Davis). Councilmember Oliver Davis made a motion to add to that same paragraph that there be two (2) tenants and two (2) landlords included in the working group appointed by the Mayor and Council working together to jointly appoint. Councilmember Regina Williams-Preston seconded this motion. Councilmember Jo M. Broden asked,Are you suggesting it actually be a tenant or a representative of a tenant? Does it need to be a tenant? Councilmember Oliver Davis replied, It needs to be either a current tenant or someone who has experience. A tenant rep? I don't even understand what a tenant rep is. Councilmember Jo M. Broden clarified, If there is an organization that actually represents tenants, as Councilmember Williams-Preston stated. Councilmember Oliver Davis interrupted, No. I want to hear the words of somebody. I mean, hearing the voice of the gentleman there that showed the pictures of rats. Councilmember Jo M. Broden interjected, Enough said. Let's move on. Councilmember Oliver Davis stated,Thank you. Councilmember John Voorde asked Councilmember Oliver Davis to specify the appointing bodies. Councilmember Oliver Davis stated, I think we've already been specific on it. I mean, I can really get specific and give you several points really quick, or, I can just let them go ahead and deal with that. You all want me to go ahead and get specific, really? Councilmember John Voorde replied, Not really. Councilmember Oliver Davis replied, I didn't think so. And so, therefore, my point to you is there are two (2) very simple things. We will let them do that. When your office called me, I said I love it. I have that confidence that with this year, we could figure that out because this has been done. So, with that understanding, I think you have to have two (2) landlords and two (2) tenants in this committee and I'm at peace. Thank you, sir. 42 REGULAR MEETING February 25, 2019 Councilmember Davis' motion passed by a roll call vote five (5) ayes and four (4) nays (Councilmembers Jo M. Broden, Jake Teshka, John Voorde, Gavin Ferlic). Councilmember Gavin Ferlic then made a motion to send the second(2nd)substitute version of the Bill No. 03-19, as amended,to the full Council with a favorable recommendation. Councilmember Jo M. Broden seconded this motion which carried by nine(9) ayes. RISE AND REPORT Councilmember Karen White made a motion to rise and report to full Council. Councilmember Gavin Ferlic 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 11:41 p.m. Council President Tim Scott presided with nine(9)members present. BILLS —THIRD READING BILL NO. 69-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2610 EAST JEFFERSON BOULEVARD, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to continue Bill No. 69-18 to the March 11d', 2019 meeting of the Common Council,Council Portion Only. Councilmember Regina Williams-Preston seconded this motion which carried by a voice vote of nine(9) ayes. 02-19 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2307 EDISON ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to adopt the second (2nd) substitute version of Bill No. 02-19. Councilmember Karen White seconded this motion which carried by a roll call vote of nine (9) ayes. 03-19 THIRD 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 Oliver Davis made a motion to adopt the second (2nd)substitute version of Bill No. 03-19, as amended. Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of nine (9) ayes. 05-19 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST/WEST PORTION OF DUBAIL ST. 29.8' IN WIDTH RUNNING WEST 43 REGULAR MEETING February 25, 2019 APPROX. 303' FROM RIGHT-OF-WAY OF S. OLIVE ST TO PARCEL 018-8102-3875 Councilmember Oliver Davis made a motion to adopt Bill No. 05-19. Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of nine (9) ayes. RESOLUTIONS 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 Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and, given time constraints, send this bill forward with no recommendation. Jordan Wyatt, Planner for the Area Plan Commission with offices located on the 13th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Wyatt stated, The petitioner is requesting a special exception use for the site on the screen (referencing a slide in a presentation which is available in the City Clerk's Office) for the processing and storage of aggregate materials including on site crushing of materials, and to allow an outdoor storage unit in excess of fifty percent(50%)of the total lot area. He showed a view of the façade of the property and stated, They plan to keep the screening for the outdoor storage. Here is a site plan that shows the location of the outdoor storage location that they plan to keep. This comes to you with a favorable recommendation from the Area Board of Zoning Appeals. I would be happy to answer any questions. Councilmember Oliver Davis stated, When property like this comes to a district, what is Area Plan's role in showing them that particular property or guiding them to see other properties in the community that may be of similar use within the City that they could possibly move to instead of this location? Mr. Wyatt replied, The role for special exception uses that our office has is basically just as administrators for this process. We inform them of the proper zoning and where they could go, and that it requires a special exception use. But everything is basically up to the Area Board of Zoning Appeals. I just write the four(4) criteria on them according to state law. Councilmember Oliver Davis asked,But you don't show them other places where they could have considered? Mr. Wyatt replied, No. This is the most intense zoning district in the City of South Bend and it would require a special exception use no matter where they would locate. Councilmember Oliver Davis stated, That would be Community Investment that would look at that kind of thing, but they're not here. Sorry. I'm at peace. Mike Danch, Danch, Hamer and Associates with offices located at 1643 Commerce Drive, served as the petitioner for this bill.Mr. Danch stated,I am representing the petitioner.What we are asking for is the approval of the special exception to allow for the processing of aggregate materials. The property is zoned Heavy Industrial, and per the City zoning requirements, no matter where we were located, we would be required to go to the Board of Zoning Appeals then come before the Council for the Special Exception. We go before the Area Board of Zoning Appeals,and we asked from that Board for the approval of the special exception. They did grant us variances as well for this particular site. As shown on the site plan we had also worked with Community Investment who recommended this favorably. They asked us to keep the façade wall on the front of the building and we have done that. We'll be removing about 90,000 square feet of existing old dilapidated building. The areas you see on the site that are dotted are the areas where the aggregate material would be. As we mentioned in the Committee Meeting, there's a dotted line on the site 44 REGULAR MEETING February 25, 2019 plan that shows the area is three-hundred(300)feet away from residential.Anything past that point is where we are actually doing the storage. Under the requirements for the Zoning Ordinance, anything close to residential at that point would have to screen the height of the storage material and it could not be higher than the screening fence which in that case would be ten (10) feet. Anything behind that line goes to the height of the zoning requirement which is one hundred fifty (150)feet,fifteen(15)stories. We are holding it to thirty(30)feet which is what we said we would do as part of a written commitment. There was a question from a Councilmember about whether you could see that thirty (30) foot height of that material. If you were traveling down Sample Street, I gave Councilmember Broden a crude sketch. I took a look at the height of the building, the location of the closest aggregate pile that would be there, and you would not be able to see it driving down Sample Street, the height of that material. There was a question from one (1) of the owners about where the access point would be. It is in the northwest corner of the site and we are not changing that. There would be only one (1) access point, we would have solid screens along the western and eastern portions of the site. The existing wooded areas that are part of the site would remain, which would also provide some additional screen for this. Councilmember Jake Teshka asked, You said that the thirty(30) foot was submitted in writing? I don't have that. Mr. Danch replied, Yes. We said we would do that as a written commitment for the Council, even though we're not required to do that by zoning. Councilmember Jake Teshka stated,To me,it seems like an inherently County operation. Not only are we talking about the thirty (30) foot high piles, but the dump trucks in and out and front-end loaders. Is there a reason why they want to be at that location? Mr. Danch replied,Yes. One(1)of the reasons is that it is already zoned properly with the GI, and this particular location on Sample Street is already an industrial area, and it allows them access to Laporte County. The one (1) they have on McKinley is a completely different zoning category. Their materials, the piles would be located closer to the property line. The piles can be up to fifty (50)feet tall at that location,that's County zoning. They just wanted somewhere closer. They have jobs here in the City of South Bend where they deliver materials to, and also in Laporte County. So, it makes sense from a traveling standpoint to have a second (2'1) location. When you were asking whether other areas in the City of South Bend have this, Kuert Concrete does exactly the same thing. Since they have been there for so long, they don't have to go through this process unless they decide to expand. They are up against residential, we're actually against only industrial. Councilmember Regina Williams-Preston stated, I think you might have answered it but someone brought us pictures earlier which you had a chance to see, and it looks horrible. I thought, Oh my God, I don't want that anywhere near where I live, and you're saying that fifty (50) feet is their limit, and you said that is different? Mr. Danch replied, It is. That particular site went through a rezoning process. They were allowed different operational standards there, so the piles that you see were allowed to be there. That was a completely different operation. That is a thirty (30) to forty (40) acre site that you are seeing there, as compared to one (1) that is only about nine (9) acres. And the site over there is actually on sand, they weren't required to put pavement in. Whereas, this particular one (1) we have a smaller site, and any materials that are there are going to be on pavement. Drainage will be to City standards, there wouldn't be any runoff from this site on to any adjacent property. There would be no contamination and there are no liquids that go with this. The question about the aggregate material, there would be dust, but they would water down those aggregate materials to keep the dust down. Councilmember Regina Williams-Preston asked, You said they would water it down on a regular basis? Mr. Danch replied, They do for processing, yes. And the processing we talked about here is only for a period of five(5) weeks out of an entire year. Councilmember Regina Williams-Preston asked, Did they check any properties closer to Laporte, like out that way towards the County? 45 REGULAR MEETING February 25, 2019 Mr. Danch replied, They have looked around at other areas into the County, you still need industrial zoning in the County. Anywhere you would move farther west until you get almost to New Carlisle is zoned Industrial. Councilmember Sharon L. McBride asked, And there are no homes in view of that, even on the backside? Mr. Danch replied, No. On the rear side of this is a wooded area, but it is also three (3) different railroad rights-of-way.Anything past that point are basically wooded areas, and there are no homes back there. Councilmember Tim Scott asked, How tall is the fence around the property? Mr. Danch replied, The fence that we're showing would be a solid, ten(10) foot high fence. Councilmember Tim Scott followed up, For thirty(30) foot high piles? Mr. Danch replied, Yes. Now, if the Council would like us to do a portion there where you might believe someone would see a pile, you would ask us to add evergreen screening and we could do that. Councilmember Tim Scott stated, Yes. Mr. Danch stated, We're doing a special exception so that can be in the petition. Councilmember Oliver Davis asked, Who regulates whether or not the piles are the right height, things are going well, things are not in violation of what we have agreed to do tonight? Mr. Danch replied, That would be Code Enforcement or the Area Plan Commission. It depends. We're doing a written commitment, so if we are doing that it would be with the City of South Bend which would also be the Building Department. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Jason Banicki, 3822 Ford Street, South Bend, IN, stated,Whoever from the City offices during the Committee meeting said We don't think we can do any better than this project on this site, that's just a shame if we don't think we can do any better than a project that, somebody once upon a time was wise enough to say, zone the entire City away from this project. That's why we have to ask for a special exception. They keep talking about the facade of the building being eighteen(18) feet tall. That is only at its highest point. If you look at that building, and you pull up the pictures that are already there, you can use the building there that is only two (2) stories tall as a reference point and you'll see that there are points of that facade that are only ten (10) feet tall. So, if you put a thirty(30) foot pile there, I don't care if you say it is three hundred (300) feet behind, you're still going to see that from the road when its twenty (20) feet taller than parts of the facade. And they keep ducking the neighbors that live on Kenmore Street or Falcon or Wellington Street directly across the street from this. Yes, there is a vacant parking lot that sits there, but if you are looking at a thirty (30) foot pile that sits behind a ten (10) foot wall, I don't think that any of us want to look toward. I don't think this should be allowed in City limits. We wisely have coded us out of it, and I don't think this needs a special exception. David Andre, 2920 West Sample Street, South Bend, IN, stated, Grace Steel Corporation was just in front of the Council and has committed a multi-million-dollar project to improve Sample Street and take a vacant building and make it a viable entity. This project, putting giant piles of debris onto Sample Street definitely devalues the project that we have undertaken. Frankly, this is adjacent to the Urban Enterprise Zone incubator. What are we saying to new small business people who are going into an incubator,they're looking at the City authorizing debris piles to be put right next door to them. That does not send the right signal. I personally went yesterday to Osceola to look at their site there. I was shocked, I took some photos, provided them to Council today via email, provided some photos tonight, it's shocking. It is a ginormous debris pile. I went around back of their property, through a fire station and took a photo through the woods. It looks like a landfill. That is not what we want. If the Council approves this, they're selling out Sample Street for many, many years. That is just not right to the neighbors and it's not right and does not 46 REGULAR MEETING February 25, 2019 encourage further investment and development of Sample Street. We're on the right track with Ignition Park. We need to take that further down the street,hopefully Grace Steel sets that example. We have zoning for a reason. Earlier in the Committee, special exceptions were commented on as a slippery slope. If that special exception enhances the value of the neighborhood, enhances the value of the City, I'm all for it. I would be all for anything in this site that is manufacturing, that is improving it. But giant debris piles, aren't going to do it. This site only has one (1) single lane entrance or exit. They can have as many as fifty (50) trucks a day going through that. That's a safety issue. We're going to have a dust problem. It's unsightly. It's late, I don't want to belabor this. I am adamantly opposed to going down this path and I really think we would be selling out the neighborhood if we go forward. As Council mentioned,they could go places out in the County and other sites where I think this would probably be better suited and they could pile it as high as they do in Osceola. Pam Andre, 2920 West Sample Street, South Bend, IN, stated, Thank you for your time. I agree with everything that David Andre has said about this property being rezoned. I am very familiar with this property. It is down the way from 2920 West Sample. It is an odd location for the type of business that wants to move in there because there are a lot of neighborhood houses across the street from it. In my opinion, and I am very familiar with the price of that building, I believe this company is looking for a cheap property to purchase and bulldoze the building with the existing resources that they own. They will be able to inexpensively demolish this building and I am going to dig into one (1) point that they made about the existing wooded area which will provide screening. It is called scrub brush, and it is along the railroad tracks. That is not going to provide any type of screening, so I just wanted to pick on that point a little bit more. Thank you for your time and your work. Tammy Beer, 2920 Sample Street, South Bend, IN, stated, I am here as part of the team at Grace Steel. We've made an investment in Sample Street and in the community, and this new project down the street is not going to help us to help the City's mission to better the community and Sample Street. Thank you so much for your time and for being here so late. Joseph Knells, 2920 West Sample Street, South Bend, IN, stated, I am an employee at Grace Steel and as a company we've made a commitment to better that area and make a difference in the community. We feel that this is not a step in the right direction. This seems like just a quick opportunity and to me, it feels like it will be an end to redevelopment there in the future. Also, when you head west down Sample Street, the majority of that side of building, you can see from the road. If you put ten (10) foot fences, you'll still see piles over it. If you plant evergreens it will still be fifteen(15)to twenty(20)years before they would be blocking a thirty(30)foot pile.Thank you for your time. Sharon Banicki, 3822 Ford Street, South Bend, IN, stated, This is in my backyard literally. If it wasn't I would have been out of here two (2) hours ago. The reason that property is Heavy Industrial is because we had old factories that have all basically moved out. We still have Raco there,and they have semis coming. If you go down Sample Street in the morning and you get stuck behind one(1)of the semis that is trying to back up into one of their bays,they back up traffic and it gets to be a mess. You're going to add more traffic onto that and the street is already crumbling. I'm not sure the infrastructure there will hold all of the extra trucks that are going to be coming and going. Then you're talking about piles of debris. Tim, you know, you look at Drewery's every day. Would you wish that on anybody else? But if you agree to this, that's what you're doing. You're wishing the Drewery's pile over to the Westside, and that's not fair to us. We've got too many good things that we're trying to do and we're coming along, and then to throw this? I think it's better suited to be out on SR23 by the other gravel pit that's out there,somewhere in the County where they're by themselves, but not in a residential area. The petitioner was then given five(5)minutes for rebuttal. Mr. Danch stated, Just to answer a couple of questions. The residential is located about three hundred(300)feet away,on the other side of Sample Street.This is an existing industrial area. I'm sorry,but it is Heavy Industrial for a permitted use. We mentioned to Council that we worked with Community Investment to keep that building so there is some mitigation between what is seen from the streetscape and running down Sample Street and from the residential houses over there 47 REGULAR MEETING February 25, 2019 to where the piles are. They're not fifty (50) feet tall like those that are over on McKinley. We would do that additional landscaping if Council would want us to, that would be fine. If there are additional questions, let us know. Councilmember Gavin Ferlic stated, I don't know what the appetite is tonight, I guess I drive by the current concrete site and I think it looks pretty well-maintained for an industrial site. And I don't know the difference between that and the site in the County. My understanding from talking to the business owners is that it is substantially different. We do have heavy industrial zoning in our City for businesses, and this is the use of the property that would employ eight (8) people. I get the sense that the Council probably would not want to approve this tonight, and if this is the case, I would encourage another continuation possibly, again, written commitments, something working with the neighborhoods to see what is acceptable. Councilmember Oliver Davis asked, One (1) of the challenges that you face over there that is different from Kuert, we created a roundabout. One(1) of the things the roundabout did was sped up traffic tremendously on Sample Street going west. It is very fast. I get my hair cut over there, I don't even like coming out of there because they're coming down so fast. It is coming off that hill. Speed and then you can look down and see everything over there. We can see it,because that side of town is the hilly side of town. Rum Village has hills and then you come off the hills, so you would literally see it. There is no way you are going to put a screen up to cover up the fact that we're going to see that hill, and it creates problems. She made a great point. You get behind one (1) of those trucks, Lord have mercy. You go that way and you're behind a truck, and you go the other way and you have a train. We're trying to fix up the noises on the south west side, because it was all of that industrial, but we've made a tremendous amount of improvement there over the last few years and we want to continue to go that way. I am glad for the roundabout, but it has really sped up the traffic, it's the speed. Coming off of that, I don't see that. Councilmember Oliver Davis made a motion to defeat Bill No. 19-01. Councilmember Karen White seconded this motion which was carried by a roll call vote of eight(8) ayes and one(1)nay (Councilmember Gavin Ferlic). 19-04 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 1119 LINCOLNWAY WEST Councilmember Oliver Davis made a motion to continue Bill No. 19-04 to the March 11th, 2019 meeting of the South Bend Common Council. Councilmember Gavin Ferlic seconded this motion which carried by a voice vote of nine (9) ayes. BILLS ON FIRST READING There were no bills for first(1St)reading. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. PRIVILEGE OF THE FLOOR 48 REGULAR MEETING February 25, 2019 No members of the public were present to speak under Privilege of the Floor. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 12:12 p.m. 49