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HomeMy WebLinkAboutAOM 01-04-77SOUTH BEND REDEVELOPMENT COMMISSION ANNUAL ORGANIZATIONAL MEETING January z, 1977 1200 County -City Building 10:00 a. . 227 West Jefferson Blvd. Presidin Officer: Mr. F. Jay Nimtz, President South Bend, Indiana 46601 Three of the Commissioners appointed to serve as Commissioners of the South Bend Redevelopment Commission, Department of Redevelopment, for the calendar year 1977, by the Board of Trustees, were present. Due to a previous commitment, Mr. A. Peter Donaldson was absent from the meeting, having taken the oath of his office a 9:00 a.m. on January 4th, 1977, in the offices of the Redevelopment Commissi n. Mr. Robert J. Cira was unable to attend, and the oath of office will be dministered to him at a later date. 1. ROLLICALL Commissioners Present: Mr. F. Jay Nimtz Mr. Donald A. Wiggins Mr. Lloyd E. Robinson, Sr. Legal Counsel: Mr. Mr. News Media: Mr. Mr. Mr. Mr. Kevin J. Butler George T. Patton Dan Caesar, WSBT -TV Reporter Frank Vellner, WSBT -TV Photographer Terry O'Reilly, WNDU -TV Reporter J. Scott Brink, WNDU -TV Photographer Others Present: Ms. Irene Gammon, City Clerk Mr. Edward A. Chapleau, Attorney -at -Law Mr. Gene Evans, Executive Secretary, Civic Planning Association LPA (Staff: Mr. C. Wayne Brownell Ms. Gertrude E. Barth Mr. Edwin R. Bauer Mr. Marc Brammer Mr. Jim Rowan Ms. Sue Ragland 2. SWEPRING IN OF COMMISSIONERS BY CITY CLERK Ms. Irene Gammon, City Clerk, administered the oath of office to the following Commissioners: Messrs. F. Jay Nimtz, Donald A. Wiggins and Llo d E. Robinson, Sr. The Commissioners were congratulated upon their appointments. 3. ELECTION OF OFFICERS Th Board recognized Mr. Kevin J. Butler, Commission Lega- 1-tounsel, wh had consented to serve as Temporary Chairman for thelection of officers. Nominations were requested for the following offices: 1) PRESIDENT Mr. Don Wiggins nominated Mr. F. Jay Nimtz to serve as President of the South Bend Redevelopment Commission, motion was seconded by Mr. Lloyd Robinson and Mr. Nimtz was returned to the office of President of the Commission by unanimous vote. 2) VICE PRESIDENT Mr. Donald A. Wiggins was nominated by Mr. Nimtz to serve as Vice President of the Commission. Motion was seconded by Mr. Robinson and Mr. Wiggins was returned to the office of Vice President of the Commission by unanimous vote. 3) SECRETARY Mr. Lloyd E. Robinson, Sr. nominated Mr. A. Peter Donaldson to serve as Secretary of the Commission. Motion was seconded by Mr. Wiggins and Mr. Donaldson was returned to the office of Secretary of the Commission by unanimous vote. 4) ASSISTANT SECRETARY Mr. F. Jay Nimtz nominated Mr. Robert J. Cira to serve as Assis- tant Secretary of the Commission. Motion was seconded by Mr. Wiggins and Mr. Cira was returned to the office of Assistant Secretary of the Commission by unanimous vote. The officers for the Redevelopment Commission for 1977 having been elected, Mr. Kevin J. Butler relinquished the Chair to the President of the Commission, Mr. F. Jay Nimtz. 4. APPpINTMENT OF LEGAL COUNSEL, EXECUTIVE DIRECTOR, AND STAFF The Chair requested a motion on the above and suggested that after discussion and consideration in this matter, Mr. Kevin J. Butler be named Chief Legal Counsel for the Commission with George Patton as Assistant Counsel and Edward Chapleau as Associate Counsel and that the legal staff of the Commission be under the direction of Kevin Butler. Mr.IRobinson so moved with a second by Mr. Wiggins. Mr. Gene Evans, Executive Director of the Civic Planning Association ask d the question, "Is your legal staff expanding ?" - 2 - from the desk of i move that Kevin Butler be named Chief Legal Counsel for the Commission with George Patton as Assistant Counsel and Edward Chopleau as Associate Counsel and that the legal staff of the Commission be under the direction of Kevin Butler. free press publishing company 1410 south michigan street - south bend, indiana 46613 - phone 289 -2455 publishers of the tri- county newer offset and letterpress printing 4MO3 4. APPOINTMENT OF LEGAL COUNSEL, EXECUTIVE DIRECTOR, AND STAFF (Continued Mr. Nimtz: Yes and no. Normally, we have had a legal firm as our counsel. For example, at the Hammerschmidt firm, Bruce Hammerschmidt, Richard Bon witz and Jerry Hammes worked on things. When Kevin took over, that fir is much larger and Chuck Sweeney was doing the work that George Patton is row doing. Some of the other people up there were doing contract work and things such as that, which Kevin did not have time to do. Instead of hiring a firm, now we are hiring individuals and the person will be paid for the work which he does. There is no such thing as three people working on one particular thing unless the job is of such magnitude that it would haVE to be done that way. Except for the division of Mr. Patton handling the condemnation actions, the rest of the work will be parceled out and assigned by Mr. Butler. Mr. Evans: There is an hourly billing instead of a retainer fee? Mr. Wiggins: We will still maintain the retainer for Mr. Butler who is Chi f Counsel. The work previously was done . . . all the retainer really covers is attendance at meetings, basically. The work was always billed on the basis of the amount of work done, so that in terms of our expenditure for legal matters, there is really no difference. Mr. Dan Caesar: How much money is being charged by the attorneys? Mr. Wiggins: The standard bar rate. Mr. C. Wayne Brownell: Which is $40 per hour. Mr. Caesar: Is that called a "bar rate," is that what you call it? Chair: There is no "bar rate," there used to be. Mr. Wiggins: There used to be and apparently it is now illegal. "It's a sick bird." Mr. Butler: That is the prevailing wage rate. Mr. Caesar: Have you any idea what was expended in 1976 for attorneys' fee ? The total? Mr. Brownell: I don't have it in front of me, we can get it from our books. Mr. Wiggins moved to approve the appointment of Mr. Kevin J. Butler as Chi f Legal Counsel, Mr. George T. Patton as Assistant Counsel and of Mr. Edward A. Chapleau as Associate Counsel, and to re- appoint the Execu- tiVE Director, Mr. C. Wayne Brownell, and the other staff members be retained, at the salaries which were previously approved by the Redevelop - men Commissioners at the meeting of December 17, 1976. Mr. Robinson seconded, and the motion carried. -3- 4. APPOINTMENT OF LEGAL COUNSEL EXECUTIVE DIRECTOR, AND STAFF (Continued Mr. Caesar asked a question on the attorney financial arrangement. "Is that the cheapest the Commission can get by with? Can you put this out for tids or some other way to give other attorneys an opportunity, say they want to do work like this? Mr. imtz: "When I took this job I told Jerry Miller that I wanted the opportunity to name my own counsel. I do this job for nothing and I want to have confidence in the person who sits at my right hand and gives me advice. I would not be in favor of putting it out for bids. I regard the bar in South Bend as very competent, as I am a past President of the Bar Association. But in such a technical matter as this, where you are dealing with government regulations, which are voluminous, sometimes ob- scure and hard to interpret, I want to have confidence in the person who sits at my right hand and gives me advice. And I have such confidence in K vin Butler, whose Dad and I were political friends although we were on o )posite sides of the fence many years ago, and I have great confidence in t is young man here. And I have confidence in the other legal staff that we have appointed, but I would not be in favor of putting it out for ids." Mr. �Jiggins: There is a good sound union statement if I ever heard one. 5. ADJOORNMENT There being no further business to come before this organizational meeting, the Chair entertained a motion, at 10:20'a.m., for the ad- journment of the Annual Organizational Meeting, with the provision the meeting continue into a'Special Commission Meeting. Motion was duly made by Mr. Wiggins, seconded by Mr. Robinson and carried. , txecutive (SEAL) rector -a