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HomeMy WebLinkAbout03-07-03 Informal Meeting Informal AgctingilOorking tuntbeon �tC youth Vent( Common (tountii The March 7, 2003 Informal Meeting/Working Luncheon of the South Bend Common Council was called to order by its President Karen L. White at 12:15 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Coleman, Kuspa, White, Varner and Pfeifer; Mayor Stephen Luecke, City Attorney Charles S. Leone, City Controller Rick 011ett, City Clerk Loretta Duda, State Senator John Broden, State Representative Ryan Dvorak, State Representative Richard Mangus and Council Attorney Kathleen Cekanski-Farrand. Council President White welcome everyone to the first Working Luncheon of the Common Council with area State Senators and State Representatives. She noted that this is the continuation of a Council initiative started by Council Member Pfeifer when she was Council President. She stated that it provides an opportunity to share input and discuss information on legislation affecting our community. Council Member Coleman noted for the record that the Working Luncheon initiative was discussed in 1999 when he was Council President but was not implemented until later. Council President White then asked Mayor Luecke for a word of welcome. Mayor Luecke noted that he appreciates the opportunity to sit down and hear different perspectives. He noted that the current state session is difficult in light of the state budget crisis. Mayor Luecke noted that IACT has sponsored the proposed food and beverage tax which would be similar in its_. implementation to COIT. He noted that the Administration supports increasing the gas tax proposed to increase$.02 in 2004 and$.02 in 2005. Council President White then asked State Representative Mangus for his perspectives on proposed and pending state legislation. State Representative Mangus noted that the Energize Indiana bill was amended and passed 86-7. He noted that he has always supported the proposed food and beverage tax, but in the past it gets bogged down in the State Senate. He stated that he specializes in the environmental and natural resources area. He added that State Representative Bauer is doing an excellent job as Speaker of the House. Mayor Luecke noted that the City will soon be taking some of its trash to the Prairie View Landfill. In the past the City believe that their fees were not competitive, however now the City will send some of its trash there and also north. He added that the intra-state airline concept is still under discussion which proposed flights from South Bend to Indianapolis and back, and Evansville to Indianapolis and back. A surtax on rental cars in particular cities is a possible funding source;with a proposed food and beverage tax being another possible funding source. Council Member Pfeifer noted that she is concerned about polluted areas in the City like Beck Lake. IDEM completed a study on the area, which noted contamination from industrial sources; but more research and more funding is necessary. She inquired about Brownfield monies which might be available which may address the pollution problems related to trash being taken to what has become a hill in that area. State Representative Mangus noted that there is a new federal agriculture bill which has money in it f Informal Meeting/Working Session of the South Bend Common Council March 7, 2003 Page 2 for clean-up. He noted however that it may be earmarked for rural areas. Senator Broden stated that he would look into this matter. Council Member Coleman noted that he is a member of the Solid Waste District Board. He inquired about State Representative Fry's objections to the Energize Indiana bill. It was noted that the state representative contends that the bill is a form of"corporate welfare". State Representative Mangus noted that the City of South Bend has five (5) full-time employees who work in the solid waste area, while Elkhart has two (2) part-time employees which will be increased to three (3). Elkhart met their goals and is very successful in a volunteer recycling program, while South Bend did not meet its goal. State Representative Mangus noted that there is no regular recycling done in the County-City Building. He noted that when there is a landfill operating in the county, that he believes that they should get the tipping fees. South Bend sends its trash to Buchanan, Michigan and Mishawaka sends its trash to Elkhart County, rather than to the landfill in the county. State Representative Mangus stated that the result is a loss of$1.45 million each year. He stated that he and County Commissioner Hank Ferrettie met with Mayor Kernan in 1986-1987, and that he has been in at least four (4) landfill fights. Circuit Court Judge John Montgomery issued a temporary restraining order, and the State Board of Accounts noted inconsistencies in accounting. He noted that he has been a State Representative for thirty-two(32) years and knows the difference between a fee and a tax. He added that originally the landfill int he county was to have a life of twenty-five (25) years, but now it is proposed to have a life of fifty (50) years. Council Member Coleman noted that the significant amount of recycling may have contributed to extending the life of the landfill. He also noted that billing procedures have been improved. State Senator Broden inquired about recycling programs at IUSB. Council Member Pfeifer noted that IUSB has recycling containers throughout the campus and that the recycling campaign was student initiated with a History Professor. She added that she feels guilty that there is not a better program in place in the County-City Building. Mayor Luecke noted that there is a voluntary recycling program for white paper and newspapers in the building, as well as aluminum cans. City Clerk Loretta Duda noted that her office recycles aluminum cans and donates them to local churches. Senator Broden stated that the wetland bill passed 42-5 and would have some affect on St. Joseph County. He noted that he is a member of the Local Government Committee and that there were not many bills sent to it. Council President White inquired about HB 1897 dealing with landlord/tenant matters. Senator Broden stated that NRTSC proposed several ideas for consideration including notice of public meetings which came out of committee 5-4. IACT has made several proposed amendments which- 1 be included. It is hoped that any new legislation in this area would help eliminate situations like the BZA matter involving Leeper Park and a parking area, noting that other boards b Informal Meeting/Working Session of the South Bend Common Council March 7, 2003 Page 3 and commissions need to provide better notice especially on issues that directly affect neighborhoods. Bill 1897 deals with landlord/tenant matters and addresses an exemption for universities, hospitals and nursing homes. FIB 1881 passed which requires 24-hour notice from the landlord to tenants before they can enter, except in cases of emergencies. Council Member Pfeifer inquired about SB 493 dealing with elderly living at home and receiving health care. Senator Broden stated that a "watered down" version passed but that it does not contain any funding mandates. He stated that it is a significant first step. A soda pop tax may be a possible funding source. Dr. Varner suggested that the legislators consider a concept that if a person agrees to participate that they would agree to have a lien against their estate if there are any expenses that need to be recouped after their passing. Senator Broden stated that that is an excellent concept and that he would look into it. He noted that the bill also looks at community-based care. Council Member Kuspa inquired about S. 377. It was noted that that bill is dead. Mayor Luecke noted that a bill on the tort limitations for cities would raise the exposure from $300,000 to$750,000 and then to$1 million in four(4) years. Senator Broden stated that the Indiana Tort Claims Act took effect in 1974 and has not had any changes for twenty-eight(28) years. He noted that the $300,000 amount established in 1974 now is equivalent to paying for$48,000 of medical bills. He noted that Indiana is in the middle when compared to other states on this issue. He noted that it passed in the Senate and is on its way to the House. Mayor Luecke inquired about the status of video cameras at stop lights. Senator Broden stated it passed in the Senate and was sent to the House. It would require the police department to sent out tickets after a review. Mayor Luecke stated that he would like similar legislation for railroad crossings and for speeding. Council Member Pfeifer noted that she would like such a bill for dumping. State Representative Dvorak stated FIB 1896 addresses general obligation bonds and passed by one vote. He noted that FIB 1895 authorizes joint investment funds which should result in saving on administrative fees and costs. Mr. Leone inquired about bill #2032 addressing annexation. State Representative Dvorak stated that it was seen as a clean-up bill which would put St. Joseph County with everyone else. When the Indiana Supreme Court struck down the special legislation addressing annexations in St. Joseph County,it has raised several constitutional issues. He noted that there are over 800 special acts of legislation now codified in the Indiana Code, with 70-80 of them affecting St. Joseph County. State Representative Dvorak stated that 51% for annexation is fair for everyone. Mr. Leone noted that consideration of sharing the tax burden for hospitals,etc. should be discussed. Mayor Luecke stated that he prefers a voluntary annexation process for growth, however for Informal Meeting/Working Session of the South Bend Common Council March 7, 2003 Page 4 orderly and logical growth the city will seek involuntary annexation of lands when deemed advisable. State Representative Dvorak stated that he sees the Indiana Supreme Court has having acted as a 2nd Governor and believes that there decision was overreaching. Dr. Varner suggested that the State Legislature should consider enlarging the three (3) year tax abatement period on newly annexed lands, and perhaps bring it into alignment with other tax abatement legislation periods. It was noted that South Bend is getting older and poorer and that many do not have the extra money. Council Member Coleman noted that he supports a longer phase in for tax abatement for newly annexed areas into the city. He also suggested considering a bonding mechanism which would allow a developer to pay for front end costs so that they can proceed in an orderly managed fashion. He noted that the City of South Bend is the "champion of in-fill housing"; however the problem of taxes and front end costs need to be further addressed. State Representative Mangus noted that there are some people who just do not want to be any part of South Bend. He noted that the "real answer is unigov", but he does not see that happening. Mayor Luecke noted that in the last thirty(30) years urban density outside of the city is of growing concern, noting that they still depend on the corporate city and that many areas are "getting blurred". He suggested looking at a shared tax system. Council President White thanked everyone for taking time out of their busy schedules to attend today's working luncheon. She noted that it is going to be an exciting year. Respectfully submitted, Karen L. White, Council President South Bend Common Council KCF:kmf