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HomeMy WebLinkAbout06-02-04 Public Works, Property Vacation and Personnel & Finance • Joint Meeting of the Public Works and Property Vacation Committee and the Personnel and Finance Committee The June 2,2004 joint meeting of the Public Works and Property Vacation Committee and the Personnel and Finance Committee was called to order by Public Works and Property Vacation Committee Chairperson,Dr. David Varner at 4:00 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Kuspa,Dieter,Kelly, and Varner;Mayor Stephen Luecke, City Attorney Charles Leone,City Controller Rick 011ett, City Engineer Carl Littrell, City Clerk John Voorde,and Council Attorney Kathleen Cekanski-Farrand. Dr. Varner noted that the joint committee was called to review Bill No. 32-04 which would update financial and fiscal reporting procedures in the city. He noted that fiscal responsibility is one of the most important duties of the Common Council. Dr. Varner stated that 1981 was the last time that the Common Council passed legislation in this area which established procedures. He noted that it is not his intent to say that current procedures are wrong or bad,but that they need to be better. Dr. Varner noted that he has been on the South Bend Common Council and that during that period of time some requests for information have not been forthcoming. He stated that much of the ordinance would codify procedures which the City Administration has been doing since the performance based budget process was informally adopted,but that it would go beyond that by requiring that information be presented by specific dates prior to budget hearings. In this way the.Council would be able to review the information and have more fruitful discussion and insights. He noted that he is basically asking for better accountability and transparency of the fiscal process so that the Council may do their job. He stated that he believes that standards are necessary so that everyone has the opportunity to review relevant information. Dr. Varner noted that two(2)letters have been received, one from City Attorney Charles Leone and one from City Controller Rick 011ett(copies attached). He stated that he appreciates this information and hopes that during a series of meetings that all concerns may be addressed. Mr. Leone noted that one issue involves the day-to-day administrative duties vs. the legislative oversight, and welcomed the opportunity to address his major concerns. Dr. Varner hoped that the attorneys could work on the legal aspects and not take time today to debate each concern part by part. He noted that public accountability and reporting are essential, noting that problems with the College Football Hall of Fame is just one issue,but not the overriding one. Council Member Kelly hoped that the City Attorney and the Council Attorney could resolve any differences which address legality. The Council Attorney noted that she met briefly with Mr. Leone and Ms.DeRose in their regular bi-monthly meetings and noted at that time that many of Mr.Leone's suggestions would improve the bill, such as separating out into separate sections the roles of the Department of Administration and Finance from the roles of the Council's Personnel and Finance Committee during the budget process. She further noted that some of the early recommended language . t Joint Meeting of the Public Works and Property Vacation Committee and the Personnel and Finance Committee would simply codify procedures related to the performance-based budget which the city has used since the Peoria,Illinois budget in this area was shown to the city. The process has been used but has never been formally adopted. Mayor Luecke noted that the needs and desires of the Council with regard to reporting are important,and he apologized for missing some of those requests on occasion. He noted that the Board of Public Works does post agendas on the city's website,however they do not post their minutes currently. Dr. Varner noted that the summary sheet from Fort Wayne(copy attached) is very informative. He sees the process as being constructive and assisting in accountability. He urged that there be a"transparent process"especially now that the Council receives very little or no reporting in the local newspaper. He noted that greater awareness of the process is necessary so that the Council is able to carry out its duties. He noted that South Bend has the highest or 2nd highest property taxes in the State of Indiana. He again stressed the need for"transparency and public information"since we have over$186 million in investment as reported in the Controller's Report which could be expanded. Council Member Kelly hoped that the Bill would not be just more bureaucracy and add more layers. Mr. Leone voiced concern with regard to the provisions on IRS Form 990. He noted that the Council is well aware that there must be a"rational basis"for their legislative initiatives. He further noted that a sound legislative record is critical in order for his department to properly defend any legislation which may be challenged. He commended the Council for"one of the best legislative records he has ever seen"on the adult business ordinance and in particular the Council's development of"negative secondary effects". He questioned the overall basis of such disclosures as it would apply to Project Future, South Bend Heritage, for example. Dr. Varner noted that he was primarily concerned about 501(C)(3)non-profit organizations and that the information would be useful. He noted that filing of such public information may mean alot to some and be meaningless to others,but that it would be responsible to have it. He noted that Bonnie Stryker and Becky Bonham provided information on their organizations when he requested it during budget hearings,but that no one else did which is part of a"culture of non-disclosure". In light of the amount of dollars involved,disclosure should take place. He noted that this has not happened all at once but rather over a series of years. Dr. Varner noted that the most of the general public cannot attend a 9:30 am meeting of the Board of Public Safety. He then asked how much money is currently given in grants to such non profits? Mr. 011ett stated that he did not have that information with him. Mr. Littrell noted that alot of effort has been devoted to the dissemination of information in Engineering, water works and environmental services. When they get requests in writing which are clear and understandable,they respond. It was noted that a summary sheet like Fort Wayne's could be produced locally. June 2,2004 Page 2 Joint Meeting of the Public Works and Property Vacation Committee and the Personnel and Finance Committee Mayor Luecke noted that there are IRS forms which are publicly available,and questioned the need for more information on 501 (C)(3)'s. Dr. Varner noted that there are standards in place when the city does business with for-profit entities, and that there should be reporting requirements for non-profits who receive grant money from the city or do business with the city. Mr. Leone noted that there is an audit process in place for community development and that CDBG imposes federal conditions. Mayor Luecke noted that the BDC was instrumental in the UDAG grant funds. Mr. Leone noted that with regard to information flow,that there used to be 3-4 times more coverage of city government then there is now and that nothing has replaced it. He acknowledged that the Council does not see things on a day-by-day basis. He noted that document imaging and storage with a common source will make it easier,noting that the City Controller and City Clerk are working on this issue. Dr. Varner noted that the Council is entitled to be fully informed, and that that will result in being better informed when asked to act upon an appropriation or a budget item. There is currently an information shortage and he stressed the need to dedicate the city's website for more information sharing. Mr. 011ett stated that the overall goal is"easily accessible",however the original structure and framework will take some discussion. He noted that it will take time to work with constituent groups to develop a matrix. Document imaging has been in the budget for the past two(2)years. Dr. Varner thanked everyone for their preliminary comments and suggested that another joint committee meeting be held on June 9,2004 at 4 pm. Respectfully submitted, Dr. David Varner,Chairperson Public Works and Property Vacation Committee Derek D. Dieter,Chairperson Personnel and Finance Committee KCF:kmf Attachments June 2,2004 Page 3