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HomeMy WebLinkAbout07-04-04 Personnel & Finance, Public Works and Property Vacation t , Joint Meeting of the Personnel and Finance Committee and the Public Works and Property Vacation Committee The July 7, 2004 joint meeting of the Personnel and Finance Committee and the Public Works and Property Vacation Committee was called to order by the Chairperson of the Public Works and Property Vacation Committee,Dr. David Vanier at 4:13 p.m. Persons in attendance included Council Members Dieter,Kirsits,White,Pfeifer,Kelly, Puzzello, and Varner; Mayor Stephen J. Luecke,City Clerk John Voorde, Community& Economic Development Director Sharon Kendall,City Controller Rick 011ett, City Attorney Charles Leone,Executive Director of the Morris Performing Arts Center,Terry Bland of the South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Dr. Varner thanked everyone for coming to the joint committee meeting which would continue the discussion of Bill No. 32-04 which would amend Chapter 2,Article 7 of the South Bend Municipal Code. He noted that he has earlier given copies of a recent Kiplinger letter. He noted that the last joint committee meeting discussed the provisions of the proposed ordinance through Sec. 2-94,therefore discussion today would begin with Sec. 2-95. Mr. 011ett noted that one of the items resulting from the proposed ordinance is the"level of detail which the Council believes is needed". He stated that last December he attended a meeting in Washington,D.C. and that there was much discussion on the Kiplinger letter referred to by Dr. Varner. He noted that"form over substance" is a point of consideration. Dr. Varner noted that non-profit organizations are independent and are under the control of their own Board of Directors. Items like the shelter allowance which are basically a pass thru may be an exception. Mr. Andres noted that he has a Fund#416 which is basically a"seat tax". Dr. Varner stated that the Council is entitled to know what the beginning balance is in that fund as well as what the ending balance is. Mr. 011ett stated that the city does not show the beginning and ending balances currently. Dr. Varner noted that a form could be developed similar to the one previously given the joint committees which is used by the City of Fort Wayne. He noted that City Engineer Carl Littrell stated that the form would be used like a work sheet and he did not see any problems with it. Council Member Kelly stated that he does not want to create alot of extra work if there is a simpler way to do it. Dr. Varner noted that Sec. 2-96 may be seen as providing more oversight to the Board of Public Works,noting that when that Board went to one(1)person to approve an item and then have it subsequently ratified at a public Board meeting,has alot to do with the requested procedures. He stated that Chuck Leone's list had$89 million of projects between 1999 to earlier in 2004,with the only appropriations being those that are passed with the annual budget. July 7,2004 Joint Meeting of the Personnel and Finance Committee&the Public Works and Property Vacation Committee-1 r r Joint Meeting of the Personnel and Finance Committee and the Public Works and Property Vacation Committee Mr. Leone noted that it may be a philosophical difference between the legislative and administrative roles. He sees the Council as appropriating the money with the administration determining the use of the money. It is evident however that the Council needs more information. The level of scrutiny may have latent or potential problems however. He noted that there are many items which are time sensitive. Discussion should focus on whether there are sufficient controls on the way which is being used now. He added that the State Board of provides some oversight. He concluded his remarks by stating that"it is a complicated question of how much does the Common Council want to take on". Dr. Varner stated that be does not believe that the Council wants to get involved in the day-to-day activities. He noted that when the Board of Public Works does meet,it is at 9 am, a time when the majority of working people are unable to attend. Notice to the Council prior to the intent to let a contract would be very helpful. Council Member Dieter stated that the equipment/furniture in the new central fire station and the remodeled and enlarge police station of$750,000 is a good example. The Council should have had some notice since several Council Members got calls and had no information. Council Member Kirsits questioned how did it happen that an out of state company is furnishing the equipment and furniture when there are local business who could have done so. Mayor Luecke stated that the matter was handled through DLZ and Zimmerman and that a federal bid price was used. Dr. Varner stated that by the time the Council found out about the police and fire furniture/equipment situation the"horse was already out of the barn". He again suggested that a system which incorporates a routine of a notice to approve or a notice to ratify or something similar would be very beneficial for the Council. Council Member Pfeifer inquired what information is posted on the City's website in such circumstances, and suggested that if it is not currently being done that such information could be forwarded to each Council Member before final action is taken. Mr. Leone noted that"more information is good". He stated that the website idea may be good but the city would have to tailor it to address the various boards which deal with contracts such as the Park Board, Century Center Board of Managers,Redevelopment Commission, as well as the Board of Public Works. Council member Pfeiter further suggested that perhaps relevant information could be routinely posted by a certain time in an attempt to cut down on paper, and that that procedure would have to be followed before the matter is finalized. Dr. Varner suggested that there also be a paper copy available on each transaction. July 7,2004 Joint Meeting of the Personnel and Finance Committee&the Public Works and Property Vacation Committee-2 Joint Meeting of the Personnel and Finance Committee and the Public Works and Property Vacation Committee Mayor Luecke suggested that perhaps a notice could be sent to the Council of all bids to be sought. Mr. 011ett noted that constructive oversight may be beneficial such as an explanation by the boards before final action is taken. Mr. Andres noted that he has separate contracts for housekeeping,food&beverage, as well as security. He inquired how those contracts would be handled. He noted that monies are received from the sale of tickets and then a city check is cut. The money however is not originally city money. Monies could be around$100,000. He further noted that the Broadway Theater League cut a check today for$127,000. He stated that he does not believe that these items are detailed in the city budget,but he has a balance sheet for all of them. He gave another example of the Morris box office account and its relationship to the city's general fund account. Council Member Pfeifer stated that it sounds like something similar to IUSB where there is a foundation account at IUSB which is an independent account and does not have taxpayer money in it even though an IU check is then cut. Sharon Kendall inquired about notice,citing that may be emergency situations which have been addressed by the Redevelopment Commission. She noted that in some instances as few as four(4)days would be involved in a timeline. She also voiced concern with regard to ongoing negotiations and getting a deal completed. Dr. Varner stated that specific examples should be cited so that exceptions could be carefully drafted if found to be necessary. He stated that he would be open to language which would address specific emergency situations. Mayor Luecke noted that perhaps language could be addressed on page 8, Sec. 2-96 (B)(1). Timelines, amount of time to respond,and proceeding ahead appear to be the criteria. Council Member Kirsits noted that in his letter on Bill No. 32-04 his item# 22 talked about the need for a good legislative record and history,citing the adult business ordinance. He noted that baseline information is needed by the Council if they are to respond to inquiries from the public on specific topics. Dr. Varner stated that if more people knew about the fire and police furniture/equipment, more people may have been interested and perhaps better prices resulting in more accountable of our tax dollars. He stated that only the Council has the authority to appropriate. Mr. Leone raised the situation where what if the Council refused to adopt a resolution. What would happen then? Mr. Leone noted that if there would be shared responsibility there would also be shared liability. July 7,2004 Joint Meeting of the Personnel and Finance Committee&the Public Works and Property Vacation Committee-3 • . Joint Meeting of the Personnel and Finance Committee and the Public Works and Property Vacation Committee Dr. Varner noted that the city should minimize the number of emergency lettings,noting that some however are justified. He stated that the Council is not here to turn down something just for the sake of turning it down,but rather to assure that the process is fair and public. Mayor Luecke noted that on page 8 it refers to"invitational bidding",which is just one process which could be used. He also questioned language on page 8-9. Dr. Varner noted that Mr. Gilot has talked about"design build approach"; however invitation bidding typically results in better bidding,better prices and more people participating. Dr. Varner further noted that if there would be three(3)separate contracts below the threshold amount,the end result would be circumventing the process. Dr. Varner suggested that a resolution rather than an ordinance for every contract of$100,000 or more would be his preference to assure that the Council is involved and getting information. He noted that$88 million in five(5)years with alot of consulting fees is very substantial. Sharon Kendall noted that Sec. 2-96(a)might be the proper area to address subsequent ratification if any. She inquired about the summary sheet and page 9 of the proposed ordinance. Ms. Kendall noted that she sees such a system as opening the Council up to the potential for alot of lobbying efforts. The fire and police furniture/equipment example was again pointed out by Council Members Kirsits and Varner for the need for the sharing of more information with the Council. They noted that the Council is required to act responsibly with regard to appropriations and having more and better information would assist the Council in such decisions. Council Member Kirsits stated that the best price is what the city should be after if the quality is essentially the same. The best price may be the same price,but you never know if you do not give local businesses even the opportunity to participate. He noted that he would prefer local companies. Dr. Varner thanked everyone for their input and noted that there are several good areas which were discussed today, with the fire and police equipment/furniture situation highlighting the need for more transparency. There being no further business to come before the joint committee meeting,Dr. Varner adjourned the meeting at 5:33 p.m. Respectfully submitted, Council Member Derek D. Dieter, Chairperson Personnel and Finance Committee Council Member David Varner,Chairperson Public Works and Property Vacation Committee July 7,2004 Joint Meeting of the Personnel and Finance Committee&the Public Works and Property Vacation Committee-4