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Home My WebLink About07-09-12 Personnel & FinanceV Personnel and Finance Committee 2012 South Bend Common Council The July 9, 2012 meeting of the Personnel and Finance Committee of the South Bend Common Council was called to order by its Chairperson Council Member Timothy A. Rouse at 4:25 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Scott, Henry Davis, Jr., Dr. Ferlic, Dr. Varner, Oliver J. Davis, Dieter, Gavin Ferlic and White; Gary Gilot, P.E., Don Inks, Interim City Attorney Aladean DeRose, City Controller Mark Neal, Chief of Staff Mike Schmuhl, Murray Miller, Bernice Freeman, Vera Peel, Sheri Miller Story, Mr. Shabazz, members of the news media and Kathleen Cekanski - Farrand, Council Attorney. Council Member White noted that the members of the Personnel and Finance Committee included Dr. Varner as the Vice - Chairperson, Gavin Ferlic, Henry Davis, Jr., and herself as Chairperson. Council Member White noted that Bill No. 20 -12 addressing proposed whistleblower regulations was mistakenly added to the Agenda and would be heard at the July 23rd Committee Meeting. Bill No. 27 -12 Proposed Transfer of $20,625 Within General Fund No. 101 to an Office Rental Account in the South Bend Human Rights Division: Substitute Bill No. 12 -47 Proposed Resolution Determining that A Lease for the Property at 319 Niles Avenue is Necessary for Use as General Office Space: Council Member White stated that Bill Nos. 27 -12 and Substitute Bill No. 12 -47 would be heard together at the Committee City Controller Mark Neal stated that the Administration should have provided more information sooner to the Council on this matters. The condition of the Human Rights Office presently located at Howard Park is not meeting reasonable standards needed for these operations. Council President Dieter inquired about the information he has heard that as soon as the Human Rights Office vacates their current location, that Parks would be moving in. Mr. Neal stated that he is unaware of any department having plans to move into this location and that there are no plans to spend money for needed upgrades to the building. In response to questions raised by Dr. Varner, Mr. Neal noted that the approximate 3,000 square foot space is needed for the six (6) full -time employees and one (1) part-time employee. The conference room would be used for hearings and as a Board Room. With regard to the proposed lease costs, the City reviewed locations at or below market. The proposed rental space is not Class A space. Before the leasehold improvement costs are added the cost would be $10.75 per square foot. Confidentiality of the clients filing claims and parking are also criteria used. July 9, 2012 Personnel and Finance Committee Page 2 Council Member Henry Davis, Jr. stated that a location where there is lots of traffic, he believes would be a better location. He voiced concern about the city -owned properties not being properly vetted as potential locations, and that they should have been exhausted first. City Controller Mark Neal stated that a seven (7) page document was made available of the city - owned properties which were reviewed. Council Member Henry Davis, Jr. again voiced concern that there were no city -owned properties which could have been utilized. Interim City Attorney Aladean DeRose stated that a quasi-judicial area is needed in light of the types of hearings conducted involving human rights. ADA and safety issues were all considerations. The Human Rights Commission has approximately 1,000 inquiries annually with 150 cases per year. The proposed 3,000 square foot space is fully ADA accessible and would be on a TRANSPO route which is needed since most of the clients are low income. In response to a question raised by Dr. Ferlic, Ms. DeRose stated that anyone can call the Human Rights Commission but cases can only be taken of those who are a resident or a business in South Bend. It was also noted that other cities with Human Rights Commissions include Kokomo, Fort Wayne, Michigan City and Indianapolis. It was noted that Lonnie Douglas is out of town. Council Member White then asked if there was any one from the public who wished to speak in favor of either of the Bills under consideration. Bernice Freeman of 2801 Frederickson noted that she is a Mayoral appointee to the Human Rights Commission. She stated that she is proud of what the Commission does and is concerned that the City spends $2 million for a "dog shed" and has concerns about spending money for human rights. Vera Peel of 2715 Bonds Avenue stated that the City should be concerned about the people which the Human Rights Commission serves. Council Member White than asked if there was any one form the public who wished to speak in opposition to either Bill 27 -12 or Bill No. 12 -47. Murray Miller stated that he is not speaking in favor or in opposition but had concerns with regard to the turbine generator near the sight and the time line. Gary Gilt stated that the hydraulic unit near Seitz Park to Howard Park will continue to serve the Senior Center and the Skating Rink as the primary users and would also serve the building in question. Council Member Henry Davis, Jr. stated that he never suggested that he was satisfied with the location where the Human Rights Office is currently located. He wants to do a proper job which July 9, 2012 Personnel and Finance Committee Page 3 meets expectations and is consistent with "due diligence" requirements. He believes that a location which meets all of the criteria regarding confidentiality, parking, ADA accessibility, etc. could have been found in a city -owned building. Council Member Oliver Davis stated that the Human Rights Commission was supposed to have a new location years ago and should never have been located at their current site. Council Member Karen L. White stated that she toured the Human Rights Office last year and was shocked at what she saw, with Mr. Harris in the basement, carpeting problems, air conditioning problems, and overall accessibility problems. She stated that she values the South Bend Human Rights Commission and the work which they do. Dr. Varner made a motion, seconded by Council Member Henry Davis, Jr. that Bill No. 27 -12 be recommended favorably to Council. The motion passed. Dr. Varner made a motion, seconded by Council Member Henry Davis, Jr. that Substitute Bill No. 12 -47 be recommended favorably to Council. The motion passed. Bill No. 12 -61 Resolution Approving the Contractual Services Agreement Subject to Budgetary Appropriations for the Diversity Compliance Officer: Council Member White noted that on May 9d` she filed a cover letter for the 1 st resolution addressing the MBE/WBE Utilization Board's recommendation for a Diversity Compliance Officer. The 2nd step of this process would be the adoption of Bill No. 12 -61 which approves the contract subject to budgetary appropriations. She noted that she has attended the MBE/WBE Utilization Board meetings which have been held since last Fall, noting that Council Members Henry Davis, Jr. and Gavin Ferlic have attended some of those meetings also. Council Member White added that at the last Utilization Board meeting the website link for information, minutes, etc were all discussed and that progress is being made. City Controller Mark Neal confirmed the progress of the Utilization Board detailed by Council Member White. Gary Gilot stated that the 2nd and 3rd year is addressed for budgetary planning purposes. Council Member Henry Davis, Jr. stated that he has raised several areas of concern where he believes there is misinformation. He noted that he is "lukewarm" with regard to the Bill under consideration, since he would like to see the Board's by -laws, a web presence, having the Clerk's Office send meeting notices, and other changes to the enabling ordinance. He emphasized that he does not want the Common Council left out of the process. July 9, 2012 Personnel and Finance Committee Page 4 Council Member White stated that discussions are ongoing and that Dr. Cooley from Ivy Tech has been very involved. She stating that they are working thru those concerns, and that this is a work I progress, and that there is a need for the Compliance Officer. Council President Dieter stated that he does not want Kareemah Fowler caught in the middle since she was elected as the Diversity Board's secretary. Council Member White then opened the floor for comments from the public. Sheri Miller Story raised a question with regard to page 3, ¶ 12 as to why sexual orientation was not mentioned. Council Member Gavin Ferlic made a motion, seconded by Dr. Varner that Bill No. 12 -61 be recommended favorably to Council. The motion passed. Under miscellaneous business, Council Member Henry Davis, Jr. suggested that a audit of the city - owned buildings be conducted. He also suggested that conversations should take place with regard to the Human Rights Commission being a county -wide entity. There being no further business to come before the Committee, Council Member White adjourned the meeting at 5:43 p.m. RespectfWly submitted, G(a..� t �"�� ---- uncil Member Karen L. ite, Chairperson Personnel and Finance Committee Attachments