Loading...
HomeMy WebLinkAbout08-27-12 Common Council Meeting Minutes REGULAR MEETING AUGUST 27, 2012 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, August 27, 2012 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the August 27, 2012 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 4200-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING DICKINSON INTERMEDIATE FINE ARTS ACADEMY , Whereas the South Bend Common Council notes that Pablo Picasso once wrote that “Every child is an Artist…” which has become the motto of Dickinson Intermediate Fine Arts Academy located at 4404 West Elwood Avenue in South Bend; and Whereas, the Common Council is proud to recognize that Intermediate Fine Arts Academy, under the director of Thomas Sims, Principal and Dr. Carole Schmidt, South Bend School Community School Corporation Superintendent was awarded a1003(g) School Improvement Grant (SIG) of $1,574,275 for the 2012-2013 school year by the Indiana Department of Education; and Whereas, the SIG program provides monies to schools who demonstrate a “serious commitment to raising student academic achievement through comprehensive improvement plans” with this program being federally funded and administered through the State of Indiana; and 1 REGULAR MEETING AUGUST 27, 2012 Whereas, the South Bend Common Council would further like to acknowledge that the Indiana Department of Education announced that Dickinson Fine Arts Academy “…showed greater gains than any other middle school in the state, with 26 percent more of its students passing both the E/LA and Math portions of the ISTEP+”; with Dr. Schmidt noting that “What Dickinson did was focus on developing relationships with their kids and setting the bar very high….then they supported them in getting there and not bringing the bar down”. Now, Therefore, be it resolved, by the Common Council of the City of South Bend Indiana, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council congratulates Dickinson Intermediate Fine Arts Academy, its dedicated administrators, teachers, and students for their recent academic accomplishments. Section II. The Common Council wishes everyone at Dickinson Intermediate Fine Arts Academy an even better 2012-2013 academic year, and wishes all of its students, parents, teachers, and administrators the very best in the year ahead. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Councilmember Henry Davis, 5117 Idlewood Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to faculty of Dickinson Intermediate Fine Arts Academy. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. REPORTS OF CITY OFFICES MAYOR PETE BUTTIGIEG Mayor Pete Buttigieg gave an update on recent activity in the administration. He stated that this was a week with a lot of public activity which will be open to citizens which is great. Regular budget meetings are of course underway and took this opportunity to reiterate his thanks for leadership to Councilmember White and for partnership with City Controller Mark Neal as they work on getting the shared priorities into place for next years budget. He wanted to remind everyone that there is a public information session scheduled tomorrow evening at the Robinson Community Learning Center, which is scheduled for 5:30 p.m. He stated that he hopes it will be well attended. He stated that he is doing his next Mayor’s night in here in the lobby of the County-City Building and in his office. He wanted to remind Councilmember’s that he thinks citizens really appreciate the opportunity to interact whenever they are free to come participate in those events. The illegal dumping crew has now collected its five millionth pound of trash from our city streets and counting, improving the aspect of our neighborhoods. He stated as is the ongoing effort of the vacant and abandoned housing task force which will have its next public hearing this week. He stated that he looks forward to receiving a report from that task force later on this early fall, late summer, probably by the end of September. He stated that the task force keeps up-to-date on the day-to-day, but he looks forward to having the opportunity to circulate that draft report when there is an opportunity. Mayor Buttigieg hoped that everyone was able to notice the turbine installation which helps to demonstrate that we are on the cutting edge when it comes to energy as a city. He stated 500,000 kilowatt hours a year is going to come out of that and going to save about $40,000 a year in taxpayer cost from the energy that we are going to be able divert to the city and not have to buy from the power company. He stated that it was built almost entirely with Federal Stimulus dollars. The Mayor advised that since he 2 REGULAR MEETING AUGUST 27, 2012 was last here, the LPGA, the road to the LPGA tour place at Blackthorn Golf Course. The attendance was 7,500 for all three days. They think that is a record for that league and certainly a profitable event for Blackthorn about twice as much income as was projected about $40,000.00 based on the preliminary numbers which is good news. You may have seen some press that the Animal Shelter is up and running it is not officially open, they haven’t done an official grand-opening, that will be scheduled soon, but they have gone ahead and made the move, you can think of it as a soft move, soft opening and it looks like there off to a good start there. Mayor Buttigieg stated that they are seeing some good activity on the jobs front, notably with this Council’s action on the tax abatement supporting 30 new jobs and 396 retained jobs with the Tire Rack, which is very good news. He stated that the mortgage and foreclosure and pre-purchase counselors don’t get a lot of attention but he wanted to mention that they have assisted 134 residents to date this year out of the Community & Economic Development Department, which is also very good news. He stated that he is asking the Council to help him get the word out about paper waste containers to yard waste. He stated that they think that will save ten of thousands of dollars, if they could just get citizens to stop using plastic bags and start using paper bags, they are big, they come up to about your waist, you can get them the same place you get the plastic bags. They are relatively cheap and when they go into the waste stream, we don’t have to spend a lot of money separating that plastic from the mulch. There is money to separate it and then it also costs money to haul it and then there are tipping fees in the tens of thousands of dollars every year to get rid of that plastic. So they are trying not to do it with any rules, we are just going to ask people to do the right thing. It would be very helpful if Councilmember’s could help them get the word out. He stated that he wanted to brag on the Fire Department for a moment, they won a luminary award for their excellent work last in evacuating portions of the downtown area that were affected by a gas main leak. It was great to see that they were recognized by NIPSCO for that work. He also wanted everyone to stay tuned on the technology front. He stated that the Council got some updates on this recently; the city website is coming along as they work to overhaul that. He stated that we will soon notice a change to e-mail that hopefully will make all of our lives a little bit better as we go through migration from Novell GroupWise to the Microsoft Office Program. He stated that the IT team is really working at lightning speed for that kind of migration; they hope to have it done in a matter of weeks and are very grateful to them for the hard work. They have announced the police chief search process, it is happening over the coming weeks. He stated that he was grateful for the opportunity to introduce the police search consultant Robert Wasserman to the members of the Council as well as the public safety committee last weekend at the Board of Public Safety. He stated that they have spoke as a follow-up to ideas that were expressed at that time with Mr. Wasserman and his associate Robert Stewart about making sure that in addition to a town hall there are other opportunities in smaller to engage in community leaders and citizens. He stated that there was concern about the security of tape recordings there was a written response issued to that he believes this morning if you need any more information on that you can follow up with his Chief of Staff Mike Schmuhl. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:16 p.m. Councilmember Gavin Ferlic 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 White, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. 3 REGULAR MEETING AUGUST 27, 2012 PUBLIC HEARINGS BILL NO. 39-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION OF ORDINANCE NO. 10165-12 WHICH IDENTIFIED THE BOUNDARIES OF A RIVERFRONT DEVELOPMENT PROJECT AREA UNDER INDIANA CODE 7-3-20-16 Council Attorney Kathleen Cekanski-Farrand advised that the Indiana Code Section in the title of the bill was incorrect. She advised that it should read 7.1-3-20-16. Councilmember Oliver Davis made a motion to correct the title. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. Aaron Perri, Executive Director, Downtown South Bend, Inc., 217 South Michigan Street, South Bend, Indiana made the presentation for this bill. Mr. Perri advised that on June 25, 2012 the South Bend Common Council passed Ordinance No. 10165-12 which identified the boundaries of a Riverfront Development Project. It was recently discovered that due to a scrivener’s error tat real estate located at 301 and 305 South Michigan Street were not included in the legal description in “Exhibit B” in that Ordinance. This bill would rectify that legal description oversight. This being the time heretofore set for the Public Hearing on the on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Ferlic made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:21 p.m. President Dieter presided with nine (9) members present. 4 REGULAR MEETING AUGUST 27, 2012 BILLS – THIRD READING ORDINANCE NO. 10178-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION OF ORDINANCE NO. 10165-12 WHICH IDENTIFIED THE BOUNDARIES OF A RIVERFRONT DEVELOPMENT PROJECT AREA UNDER INDIANA CODE 7.1-3-20-16 This bill had third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS BILL NO.12-65 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 1124 – 1130 NAPIER ST., SOUTH BEND, INDIANA BILL NO. 12-66 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE HOWARD PARK NEIGHBORHOOD MASTER PLAN Councilmember Oliver Davis made a motion to continue Bill Nos. 12-65 and 12-66 until the September 10, 2012 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILLS, - FIRST READING BILL NO.40-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVENUE FROM HOWARD STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. SAID ALLEY IS PART OF ND SORIN’S 2 ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on September 10, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 5 REGULAR MEETING AUGUST 27, 2012 BILL NO. 41-12 FIRST READING ON A BILL TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 10144-12, WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: SEVERAL ALLEYS, PORTIONS OF ALLEYS AND PORTIONS OF DUEY STREET, BURNS STREET, GEORGIANA STREET AND ST. VINCENT STREET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on September 10, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 42-12 FIRST READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2013 BILL NO. 43-12 FIRST READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 44-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013, INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT These bills had first reading. Councilmember Oliver Davis made a motion to refer Bill Nos. 42-12; 43-12; and 44-12 to the Personnel & Finance Committee and set them for rd Public Hearing on September 24, 2012 and 3 Reading on October 8, 2012. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 45-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2012 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on 6 REGULAR MEETING AUGUST 27, 2012 September 10, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 46-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2012 OF $128,134 FROM GENERAL FUND (#101), $163,000 FROM LAW ENFORCEMENT CONTINUING EDUCATIONS FUND (#220), $26,000 FROM LOSS RECOVERY FUND (#227), $40,000 FROM HUMAN RIGHTS GRANTS FUND (#258), $30,000 FROM POLICE BLOCK GRANTS (#280), AND $60,000 FROM POLICE DRUG ENFORCEMENT FUND (#299) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on September 10, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes BILL NO. 47-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2012 OF $490,400 FROM WATER WORKS DEPRECIATION FUND (#622) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on September 10, 2012. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORTS FROM THE AREA PLAN COMMISSION BILL NO. 32-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1441 N. MICHIGAN STREET AND WEST OF 1441 N. MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 33-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE RIGHT-OF-WAY WEST OF AND ADJACENT TO 1441 NORTH MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 7 REGULAR MEETING AUGUST 27, 2012 BILL NO. 34-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 709/711 LINCOLNWAY EAST, SOUTH BEND, COUNCILMANIC DISTRICT (DISTRICT 2) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to refer Bill Nos. 32-12; 33-12 and 34-12 to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on September 10, 2012. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Council President Dieter asked for a moment of pray for the recovery of Brett Banasiewicz. PRIVILEGE OF THE FLOOR Jesse Davis, 133 E. Calvert, South Bend, Indiana, stated that he filed an access to public records request regarding the city leak insurance program. He asked that the Council look into this issue. Greg Brown, 1238 Diamond, South Bend, Indiana, stated that they are organizing a protest for next month. He stated that they are fed up with the injustice in South Bend. Mario Sims, no address given, President, Citizens United for a Better Government, stated that the first planning meeting for the protest will be held at the Emmanuel Church. He stated that they will be protesting the injustice that is happening in the City. Samuel Brown, 222 E. Navarre, South Bend, Indiana, stated that the South Bend Police Department doesn’t need to look outside of the department to fill the Chief of Police position. Christine Jacobs, 52942 Camellia Drive, South Bend, Indiana, stated that she was down at the police station last week and heard Chief Horvath state that the reason that the public could not tour the communication center was because they needed clearance. She stated that she has clearance; she has been a foster parent for 15 years. She stated that she feels like everything is being pushed off. She stated that she relocated here from California 15 years to what she thought was a better city, quite, smaller city. She stated that there was so much violence where she lived in California. She stated that the Mayor and Council aren’t doing anything about all what is going on here. She stated that she would like to stay here and not have to relocate again. Stephanie Jones, 4224 Irish Hills Drive, South Bend, Indiana, stated that she has lived in South Bend for about 4 years. She stated approximately 16 months ago her 16 year old son went to school at Penn High School, got into an altercation with another student, was called a nigger, and was kicked out of school. During the time that he got kicked out of school, it was over a phone. She stated that her son went over to a friend’s house the next day that was the last time she saw her son. She stated that she made a police report and her life hasn’t been the same since. She stated that she got a knock at the door from the St. Joseph County Sheriff’s Department; she thought they had her son out in the car, he was only 16 years old, and his name was Ja’had Vasquez, African-America, and Mexican. She was asked to describe her son, and was informed that he was no longer here. She said that they told her it was asphyxiation. She stated that she thinks that someone killed her son. She was told that it was a suicide. She stated that her son was found in the back of Middleboro and Queensboro, just off of private property, a very secluded area, who does that to a child. He was found hung off of an electrical tower. She stated that there was no investigation, she went to the Sheriff’s Department and was told that she couldn’t see any pictures. She stated that ever since then it’s been a dead 8 REGULAR MEETING AUGUST 27, 2012 end. She stated that her life has been on hold; she can’t function, wondering where her son for almost 42 hours, no investigation, no anything, all she knows is that they told here is no longer here and her life hasn’t been the same. She stated that one thing led to another and they told her that she couldn’t see her son until about 6:00 that evening, everything was taken out of her hands, she was so distraught, and her son was transferred to Hanley’s Funeral Home, no autopsy, no nothing. Thomas Bush, 1778 Prairie Avenue, stated that he wanted to follow up on what Ms. Jones stated about her son. He stated that they did go in depth with an investigation in what the Sheriff’s Department did. He stated that on September 15, 2011, they had a meeting with the Sheriff’s Department. Sheriff Grzegorek and couple of his Captains and a lawyer, Lynn Coleman, Rev. Jackson, NAACP, Ms. Jones and Phil Wright. Ms. Jones has been trying to get a meeting with the Sheriff’s Department, so she got in contact with the NAACP and after a while they were able to go in. He stated that Ms. Jones is looking for some closure. He stated that all that the Sheriff’s Department would say is to try to convince her when she went in was that this was a suicide. He stated that he left home on a Tuesday, and didn’t see him again until Thursday hanging off that electric tower. He stated that he asked Sheriff Grzegorek that we are looking at a window here of about 30 some hours. He asked where the kid was, he couldn’t answer that question. He asked if he was threatened. No, that was the first time they ever heard of that. According to Ms. Jones she was coerced into having the body cremated. He stated that he asked Sheriff Grzegorek how can you say or determine that this was a suicide. He stated that he looked at him and looked at his captains Capps and Commander Decker and said between the three of us we got over 40 years of investigating homicides, we know a suicide when we see one. He stated that he doesn’t know why you need another whole department to come over crime scenes to check it out, just call Grzegorek up and let him look at it and he can tell you what happened. Brother John Kennedy, 222 N. Wellington, South Bend, Indiana stated that he is praying to the Lord, and wants everyone to know that we just need closure on this situation, investigation and we need to ask some questions on where he was at, and what happened at school, and who was there. We just need to ask some closure questions about what happened; we need to ask some kind of questions, not just sweep in under the bridge. God is going to know. He knows what happened, and sooner or later it is going to come out. Shana Penn, P. O. Box 274, Mishawaka, Indiana, stated that she has never heard their story before, but you can direct the Sheriff’s Department into touch DNA analysis, his clothing would probably have some kind of fibers still standing as well as the device. When somebody touches something, we leave behind things. They have that method to use. She just wanted to offer that information up. She stated that it seems like in St. Joseph County we have a lot of unsolved homicides going on. One in particular is the unsolved homicide Ronnie Ciesielski. She stated that she has a personal problem within Ronnie Ciesielski unsolved homicide that statements have been made that maybe he deserved what he got, look at the crowd he was running with. She stated that it doesn’t matter what crowd he ran with, he was somebody’s son, he was somebody’s child, he somebody’s friend. She stated that there is a gentleman on Ironwood his case is still unsolved, there is DNA evidence that could actually used to clear and convict. She stated that she works on wrongful conviction appellate cases. She stated that is what she specializes in and knows all about DNA, it could be utilized. She stated that she is reading a trial transcript, now that a metro-homicide and a prosecutor’s office, they only sent 10 pieces of articles for DNA testing in a case that they convicted a man for 55 years, 10 pieces. Now what is the likelihood that those 10 pieces of evidence that they sent down to the Indiana Crime Lab was actually, they were evidence or exhibits that actually convicted him. What about the other 40 that could have probably exonerated him? She stated that she can tell you and she promises you that she is looking into it and she is going to get to the bottom of it. But to the family, have the Sheriff’s Department look into it. DNA evidence is the key to convicting and clearing the wrongful convicted and convicting the wrong. 9 REGULAR MEETING AUGUST 27, 2012 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:50 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 10