Loading...
HomeMy WebLinkAbout12-10-12 Common Council Meeting Minutes REGULAR MEETING DECEMBER 10, 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, December 10, 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 (7:01 p.m.) th Fred Ferlic 4 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 rd Absent: Valerie Schey 3 District th David Varner 5 District 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 White made a motion that the minutes of the November 26, 2012, Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS REPORT FROM ANDREW BERLIN ON THE FUTURE OF THE SOUTH BEND SILVER HAWKS Mr. Berlin presented a power point presentation and an update of the South Bend Silver Hawks and Coveleski Stadium. ANNOUNCEMENT OF CANCELLATION OF THE DECEMBER 24, 2012 COUNCIL MEETING Council President Derek Dieter advised that the December 24, 2012 meeting of the Council has been canceled. ANNOUNCEMENT OF DATE/TIME FOR COUNCIL ORGANIZATIONAL MEETING Council President Dieter advised that the South Bend Common Council Organizational Meeting th will be held on Monday, January 7, 2013 at 5:00 p.m. in the Council Chambers, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. He stated that the purpose of this meeting is to elect officers for 2013. REPORTS FROM CITY OFFICES There were no reports from City offices at this time. 1 REGULAR MEETING DECEMBER 10, 2012 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:22 p.m. Councilmember Scott made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) 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. PUBLIC HEARINGS BILL NO. 60-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4626 BURNETT DRIVE, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Chairperson Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from GI General Industrial District to GB General Business District to allow a kennel with outdoor runs, and three variances from the development standards. On site is an existing industrial building. To the north is Silverline Molds zoned GI General Industrial District. To the east is Kodiak Range zoned GI General Industrial District. To the south is Michiana Restoration and City Awning zoned GI General Industrial District. To the west is All Secure Self Storage zoned GI General Industrial District. The “GB” General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. The total area is 1.24 acres. There is an existing 12,000 square foot building covering 22% of the site. There are 15 parking spaces, ten to the north of the building and five to the south. The northeast corner of the site will be fenced. Access is from Burnett drive on the south and west. In 1974, this area was rezoned to heavy industrial. Burnett Drive is a two lane road with access to Ireland Road. The site will be served by public water and public sewer. The Department of Community and Economic Development gave a favorable recommendation. The City Engineer had no comments. Since the western quarter of the site if located in a floodplain, the Indiana Department of Natural Resources requires written approval for any type of construction, excavation, or filling in or on a floodway. This is a combined public hearing which includes a rezoning and three variances. The Commission will forward the rezoning to the Council with or without a recommendation, and either approve or deny the variances. The City Comprehensive Plan encourages reuse of abandoned and underutilized land and structures. The future land use map identifies this area as Heavy Industrial. There are no other plans in effect for this area. This area is an established Industrial park, with a mix of uses like storage, truck terminal, contractors and medical support businesses. The most desirable use is one that can blend into the existing industrial park. Due to the mixed use character of the industrial park, surrounding property values should not be affected. It is responsible development and growth to allow compatible businesses to move into an established mixed use industrial park. Based on information available prior to the public hearing the staff recommends that the petition be sent to the Common Council with a favorable recommendation and that the three variances be approved, as submitted. The rezoning to GB General Industrial District will allow the site to host 2 REGULAR MEETING DECEMBER 10, 2012 businesses that can co-exist within a small, mixed-use industrial park. The variances meet the standards for approval by accommodating the unusual siting of the existing building on the lot. Mr. Michael Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation on behalf of his client Pet Refuge. Mr. Danch advised that they are requesting the approval of a rezoning petition for the property located at 4626 Burnett Drive, South Bend, Indiana. This requested rezoning would allow for the re-use of an existing vacant industrial building. Pet Refuge would like to renovate the vacant building for their new animal care facility. Our clients believe the renovation of an old industrial building would be a compatible use in the surrounding industrial park. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. nd Ms. Pam Wesolowski, 32 Street, South Bend, Indiana, representing the Michiana Feral Cat Association, advised that Pet Refuge is the most well-known of all animal rescues and a great asset in South Bend. She stated that MFCA partners with Pet Refuge along with SBACC. She urged the Council’s favorable recommendation. Mr. Gary Libbey, Director, South Bend Animal Care & Control (SBACC), 1804 Georgianne Ct., South Bend, Indiana, advised that SBACC is in favor of this bill and urged the Council to give their favorable consideration. Ms. Pam Comer, President, Pet Refuge, thanked the Council for their consideration and th Councilmember Oliver Davis, 6 District, who is the representative for this area. She advised that they are looking forward to being in South Bend. There was no one else present wishing to speak in favor or in opposition to this bill. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 67-12 PUBLIC HEARING 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 Councilmember Dieter made a motion to consider the second substitute bill as on file with the City Clerk. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) yes. Councilmember White, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon on this bill and due to a lack of a quorum sends this bill to the full Council with no recommendation. th Mr. Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Neal advised that unforeseen conditions have developed since the adoption of the existing budgets which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2012. Mr. Neal stated that this revision to this substitute bill eliminates a transfer of $100,000 in the Energy Office department for funding of a trash screen at the hydroelectric unit, as requested by the Municipal Energy Director. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 3 REGULAR MEETING DECEMBER 10, 2012 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Oliver Davis made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 68-12 PUBLIC HEARING 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 $690,000 FROM GENERAL FUND (#101), $100,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $730,250 FROM EMS CAPITAL FUND (#288), $20,000 FROM INDIANA RIVER RESCUE FUND (#291), $66,000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND (#299), $1,799,113 FROM MAJOR MOVES FUND (#412) AND $1,500,000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) Councilmember White, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon on this bill and due to a lack of a quorum sends this bill to the full Council with no recommendation. Councilmember Dieter disclosed that he is a member of the South Bend Police Department since 1975. He stated that after consulting Council Attorney Kathleen Cekanski-Farrand it was determined that there is no conflict. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Neal advised that this bill would allow the appropriation of additional funds for operational and capital expenditures necessary for the City to effectively provide services to its citizens which were not anticipated at the time the City budget was adopted. This being the time heretofore set for the Public Hearing 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 69-12 PUBLIC HEARING 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 $242,500 FROM SOLID WASTE FUND (#610) Councilmember Scott, Chairperson, Utilities Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. th Mr. Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana and Mr. Andre Price, Superintendent, Bureau of Solid Waste, 3113 Riverside Dr., South Bend, Indiana, made the presentation for this bill. 4 REGULAR MEETING DECEMBER 10, 2012 Mr. Neal advised that this bill would allow for the appropriation of additional funds for operational expenditures necessary for the City to provide services to its citizens which were not anticipated at the time the City budget was adopted. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, advised that he is in favor of this bill and urged the Council’s favorable consideration. There being no one else present wishing to speak in favor or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 63-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 104 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING “SIX COUNCILMANIC DISTRICTS” Council President Dieter, Chairperson, Council Rules Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Councilmember Karen White advised that as a member of the Special Committee for Re- Districting she is pleased to sponsor this bill. She stated that Councilmembers were requested to recommend South Bend residents to serve on this special committee which is bi-partisan, diverse in race, gender and location of their residences. She stated that Council President Dieter appointed five (5) persons to serve, Karl G. King, Jesusa Rivera, Theresa Sedlack, Jack L. Smith along with her to make recommendations on re-drawing the boundaries of the six (6) Council Districts. She noted that Karl G. King served as the Chairperson of this committee, and has spent countless hours reviewing the most recent census data. The special committee reviewed a total of three (3) options. All options met the state law criteria which required each Council District to be composed of contiguous territory; reasonably compact; have as nearly as possible, equal population. Ms. White noted that this option was #3 and was the least intrusive. Kathleen Cekanski-Farrand, Council Attorney, advised that redistricting of the Common Council’s six (6) councilmanic districts is required every ten (10) years based on data from the most recent U. S. Federal Census. The 2010 U. S. Census data revealed that the population of the City of South Bend, Indiana, was 101,168. She stated that Indiana Code §36-4-6-3 sets forth the governing state law addressing the division of six (6) districts for second class Indiana cities. It requires the city legislative body to pass an ordinance addressing councilmanic districts during the second year after the year in which a federal decennial census was conducted. It further requires that the six (6) districts be established which are: Composed of contiguous territory, except for territory that is not contiguous to any other part of the city; reasonably compact; do not cross precinct boundary lines, except as authorized by law; and contain, as nearly as is possible, equal population. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Glenda Rae Hernandez, 702 South St., South Bend, Indiana, advised that she did not believe the Council or the Special Committee got the word out to get more of the public involved in this process. In rebuttal, Councilmember White stated that she too was disappointed that there wasn’t much media coverage or participation, however, they met the open door law requirements and provided transparency during the process. 5 REGULAR MEETING DECEMBER 10, 2012 There being no one else present wishing to speak to the Council in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 65-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 ARTICLE 4, SECTION 4-35 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MASSAGE ESTABLISHMENTS AND MASSAGE THERAPY Councilmember Dr. Fred Ferlic, Chairperson, Health & Public Safety Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Council Attorney Kathleen Cekanski-Farrand made the presentation for this bill. Ms. Cekanski-Farrand advised that this bill would bring our local licensing and health & public safety regulations addressing massage establishments and persons offering massage therapy in compliance with new state law regulations and new amendments enacted by St. Joseph County. She stated that they have been working with the St. Joseph County Health Department on these proposed amendments. She noted that earlier this month the St. Joseph County Council unanimously passed an ordinance making similar changes. Ms. Cekanski-Farrand advised that South Bend’s regulations in this area, have not been updated since 2000. The proposed regulations primarily focus on: requiring applicants who wish to provide massage therapy to first obtain certification from the State Board of Massage Therapy, which is under the Indiana State Department of Health; updates health and safety regulations and terminology to comply with the Indiana Code and the Indiana Administrative Code; recommends the same fee schedule as that required by St. Joseph County, namely $75 for a massage therapy license and $200 for a massage establishment license; changing the date for applying for such licenses, at the request of th the Department of Administration & Finance to on or before February 28, which is similar to St. Joseph County’s requirements. She noted that the proposed regulations would take effect January 1, 2013. This being the time heretofore set for the Public Hearing 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 66-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING MARTIN LUTHER KING, JR. (MLK) DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2, ARTICLE 8, SECTION 2-121 OF THE SOUTH BEND MUNICIPAL CODE Councilmember White, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon on this bill and due to a lack of a quorum sends this bill to the full Council with no recommendation. th Mayor Pete Buttigieg, 14 Floor County-City Building, South Bend, Indiana, made the presentation for this bill. 6 REGULAR MEETING DECEMBER 10, 2012 Mayor Buttigieg advised that this bill would establish Martin Luther King, Jr. Day as a regular paid holiday for City officers and employees beginning in calendar year 2013. He stated that he welcomed the Council’s Resolution earlier this year 4150-12 recommending that Martin Luther King Jr.’s birthday be a regular holiday beginning in 2013, not simply an alternative holiday for City personnel as it has been. Mayor Buttigieg noted the importance of Martin Luther King, Jr. Day, however, he also acknowledge that the addition of his birthday as a City holiday has fiscal impact. He stated that the City cannot establish this new holiday while at the same time continue to offer City employees a non-scheduled, “floating” holiday. He stated to do so would effectively increase the total number of holidays from ten to eleven, with financial consequences. For that reason this bill amends the South Bend Municipal Code to delete the floating holiday option in Chapter 2, Article 8, Section 2-121(a) of the Municipal Code. He asked the Council for their favorable consideration. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Huey Scoby, P. O. Box 3594, South Bend, Indiana, stated that he is in favor of this bill. He urged the Council’s favorable consideration. Mr. Sam Brown, advised that he is in favor of this bill. He asked the Council for their favorable consideration. Mr. Robert E. Smith, 1522 Linden, South Bend, Indiana, advised that he is in favor of this bill. Mr. Peter Helling, 751 W. Ewing, South Bend, Indiana, stated that he is in favor of this bill. He encouraged the Council to vote in favor of this bill. There being no one else present wishing to speak in favor or in opposition to this bill, Councilmember Gavin Ferlic made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 74-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2, RESIDENTIAL DISTRICTS, TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS Councilmember Dieter made a motion to continue this bill until the January 14, 2013 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 64-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5, ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE Councilmember Dieter made a motion to continue this bill until the January 14, 2013 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. 7 REGULAR MEETING DECEMBER 10, 2012 RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Derek Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend 8:26 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10205-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4626 BURNETT DRIVE, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10206-12 AN ORDINANCE 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 third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Gavin Ferlic seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and one (1) nay (Councilmember Henry Davis Jr.) ORDINANCE NO. 10207-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2012 OF $690,000 FROM GENERAL FUND (#101), $100,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $730,250 FROM EMS CAPITAL FUND (#288), $20,000 FROM INDIANA RIVER RESCUE FUND (#291), $66,000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND (#299), $1,799,113 FROM MAJOR MOVES FUND (#412) AND $1,500,000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Gavin Ferlic seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and one (1) nay (Councilmember Henry Davis Jr.) 8 REGULAR MEETING DECEMBER 10, 2012 ORDINANCE NO. 10208-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2012 OF $242,500 FROM SOLID WASTE FUND (#610) This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10209-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 104 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING “SIX COUNCILMANIC DISTRICTS” This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and one (1) nay (Councilmember Henry Davis Jr.) ORDINANCE NO. 10210-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 ARTICLE 4, SECTION 4-35 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MASSAGE ESTABLISHMENTS AND MASSAGE THERAPY This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10211-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING MARTIN LUTHER KING, JR. (MLK) DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2, ARTICLE 8, SECTION 2-121 OF THE SOUTH BEND MUNICIPAL CODE This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS 9 REGULAR MEETING DECEMBER 10, 2012 BILL NO. 12-86 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 3733 LOCUST ST., SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to continue this bill until January 14, 2013 until the January 14, 2013. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 4222-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 710 NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR EAST BANK LEARNING CENTER, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 710-712 Niles Avenue which is more particularly described as: MID PT TRACT B 150 X 319 FT SEC 1-37-2E And which has Key Numbers 018-5038-1349 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; and WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6- 1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; 10 REGULAR MEETING DECEMBER 10, 2012 C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek Dieter Member of the Common Council Councilmember Gavin Ferlic, Vice-Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Andrew Nemeth, 211 W. Washington Street, Suite 2114, South Bend, Indiana, made the presentation for this bill. Mr. Nemeth advised that East Bank Learning Center, LLC is a high quality child care facility supporting working families downtown and around Notre Dame. By expanding their capacity they will serve more families and also be able to offer infant care. He stated that they are purchasing an ex-Madison Center building located on 3.09 acres. The cost of the renovations to the building will be $1,250,000. Mr. Nemeth advised that total taxes to be abated for the three (3) year period are estimated at $23,395, taxes for the three (3) years on the new project would be $111,725. He advised that net tax paid for three (3) years will be $299,362. He stated per the petition, it is estimated that the project will create ten (10) new, permanent full-time positions and five (5) part-time positions with an annual payroll of $266,800. The project will maintain 11 REGULAR MEETING DECEMBER 10, 2012 twelve (12) existing permanent full time jobs and four (4) existing permanent part-time jobs with a payroll of $381,440. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Scott made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 4223-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 707 S. SCOTT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND WOODWORKS, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 707 S Scott Street, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, IN THE CITY OF SOUTH BEND, INDIANA, AND LOCATED IN A PARCEL OF LAND REFERRED TO AS THE NORTH PART OF DISPOSITION PARCEL ONE (1) OF THE SAMPLE STREET REDEVELOPMENT AREA, INDIANA, PROJECT R-7: COMMENCING AT AN EXISTING CROSS IN THE EAST SIDEWALK OF SCOTT STREET AT THE INTERSECTION OF WESTERN AVENUE, SAID CROSS BEING LOCATED ON THE SOUTH LINE OF WESTERN AVENUE AND 5 FEET WEST OF THE EAST LINE OF SCOTT STREET; THENCE SOUTHERLY FROM SAID CROSS A DISTANCE OF 938.49 FEET TO ANOTHER EXISTING CROSS IN THE EAST SIDEWALK OF SCOTT STREET; THENCE CONTINUING SOUTHERLY A DISTANCE OF 100 FEET TO ANOTHER EXISTING CROSS IN THE EAST SIDEWALK OF SCOTT STREET (ALL THREE CROSSES BEING IN A STRAIGHT LINE AND 5 FEET WEST OF THE EAST LINE OF SCOTT STREET); THENCE CONTINUING SOUTHERLY ALONG A LINE PROJECTED THROUGH THE ABOVE SAID 3 CROSSES A DISTANCE OF 71.71 FEET; THENCE TURNING A DEFLECTION ANGLE OF 89 DEGREES 57'37 RIGHT FROM THE LAST DESCRIBED COURSE EXTENDED AND RUNNING WESTERLY ALONG THIS LINE A DISTANCE OF 75 FEET; THENCE SOUTHERLY ON A LINE PARALLEL TO AND 75 FEET WEST OF THE LINE ESTABLISHED BY THE 3 PREVIOUSLY DESCRIBED EXISTING CROSSES IN THE EAST SIDEWALK OF SCOTT STREET A DISTANCE OF 335 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 135 FEET; THENCE TURNING A DEFLECTION ANGLE OF 89 DEGREES 57'30" RIGHT FROM LAST DESCRIBED COURSE EXTENDED; THENCE WESTERLY ALONG THIS LINE A DISTANCE OF 170 FEET; THENCE NORTHERLY PARALLEL TO THE EAST LINE OF THIS PARCEL A DISTANCE OF 135 FEET; THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF THIS PARCEL OF A DISTANCE OF 170 FEET TO THE POINT OF BEGINNING; ALL LOCATED IN SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. and which has Tax Key Number 071-08-11-452.009-026 presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; 12 REGULAR MEETING DECEMBER 10, 2012 WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1- 12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 13 REGULAR MEETING DECEMBER 10, 2012 s/Derek Dieter Member of the Common Council Councilmember Gavin Ferlic, Vice-Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Michael Lindburg, Manager, South Bend Woodworks LLC., 1205 Foster St., South Bend, Indiana, made the presentation for this bill. Mr. Lindburg advised that South Bend Woodworks, LLC is a start-up company which will manufacture wooden children’s furniture and Notre Dame puzzles. The Notre Dame puzzles will be sold in the Notre Dame bookstores. The children’s furniture for toddlers and preschoolers will consist of rockers, chairs, scooters, step stools, rocking horses, and toy boxes. The equipment to be purchased is wood cutting machine manufactured by Legacy Woodworking Machinery; the machine will cost $45,000. He stated that total taxes to be abated for the five (5) year abatement period are estimated at $1,986, and total taxes to be paid for the five (5) years would be $1,933. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 4224-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 228 EAST BRONSON STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CURTIS PRODUCTS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 228 East Bronson Street, Suite 300, South Bend, Indiana, and which is more particularly described as follows: Lot B Monroe- Sample Replat and Lot E Monroe-Sample Replat and which has Tax Key Numbers 018-3025-0910; 018-3025-0912; 018-3021-0793; 018-3024- 090101; 018-3092-3513; 018-3025-09401; and 018-35104-03004 presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1- 12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and 14 REGULAR MEETING DECEMBER 10, 2012 WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek Dieter Member of the Common Council 15 REGULAR MEETING DECEMBER 10, 2012 Councilmember Gavin Ferlic, Vice-Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jeff McGowan, CPA, 210 S. Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this bill. Mr. McGowan advised that Curtis Products, Inc. fabricates metal tubing and related assemblies for customers engaged primarily in the agricultural industries throughout the United States. He stated that the equipment to be purchased includes a Socco electric CNC tube blender, a hose crimping machine, four tank cleaning lines with hoist and automation, a Manchester M78 end forming machine, a MK2 pillar induction braze machine, and an air compressor 60 HP. The total cost of the equipment is estimated to be $674,678. He stated that the total new project taxes for the five (5) year abatement period are estimated at $58,752. Taxes to be abated for five (5) years would be $6,661. Mr. McGowan stated that per the petition, it is estimated that the project will create nine (9) new, permanent full-time positions with an annual payroll of $230,000. The project will maintain 324 permanent full-time and 7 permanent part-time jobs representing an annual payroll of $10,300,000 for existing employees. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Tim Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 4225-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 W. SAMPLE STREET, SUITE 1125 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TRIANGLE MACHINE INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3702 W Sample Street, Suite 1125, South Bend, Indiana, and which is more particularly described as follows: Parcel of land, North West of North East Section 1637 2E containing 5.4021 2E acres or less. and which has Tax Key Number 071-08-16-200-003.000-026 presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1- 12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 16 REGULAR MEETING DECEMBER 10, 2012 SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek Dieter Member of the Common Council Councilmember Gavin Ferlic, Vice-Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mai Tran, 3702 W. Sample St., Suite 1125, South Bend, Indiana, made the presentation for this bill. Ms. Tran advised that Triangle Machine Inc. manufactures machined components for a wide variety of industries such as aerospace, automotive, and orthopedic. They intend to replace a 17 REGULAR MEETING DECEMBER 10, 2012 sixteen year old machine with a new CNC OKUMA LATHE. The new machine will cost $87,250. Total taxes abated for the five (5) year abatement period are estimated at $861. Taxes to be paid for the five (5) years would be $39,254. Per the petition, it is estimated that the project will retain two (2) permanent full-time positions with an annual payroll of $100,000. The project will not create any new positions. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Tim Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILLS - FIRST READING BILL NO.70-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i)(2) OF THE SOUTH BEND MUNICIPAL CODE OFFICIALLY CHANGING THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO THE COMMUNITY INVESTMENT COMMITTEE This bill had first reading. Councilmember Oliver Davis made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on January 14, 2013. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS Councilmember Oliver Davis read into the record a news release dated December 10, 2012, 3:30 p.m. from Councilmember’s Oliver J. Davis, Karen L. White and Derek D. Dieter. “Selection of South Bend’s Next Chief of Police.” One of the most important duties of the Mayors of all Indiana second class cities is to select individuals who would serve in leadership positions who would lead each of the City’s executive departments. Pursuant to local ordinance the nine (9) executive departments are “established to perform administrative functions required to fulfill the needs of the City’s citizens”. Our local ordinance further provides that a department head is charged with: Establishing, abolishing or consolidating offices, divisions and bureaus with in a department to “permit the proper and efficient operation of that department.” Supervising and coordinating offices, divisions and bureaus. In light of these governing City Code provisions and the fact that so many citizens have asked us about the process, we are again asking Mayor Pete for more detailed information about the ongoing search for a Chief of Police. Since the august Health and Public Safety Committee when individuals from the Strategic Policy Partnership, LLC were introduced, several verbal and written inquiries were made to the Mayor, with some of th the more recent being a letter dated November 8 making the following inquiries: How many applications were received? How many applications were received from current SBPD sworn members? How many applications were from out of state? Mayor Pete responded on November th 13 noting in part that he “would feel uncomfortable giving you the details you are requesting.” th Another letter was sent on November 14 in response to a South Bend Tribune article entitled “Interim Chief Wears 3 Hats”, which triggered even more questions from the public. In another attempt to respond with facts, we ask Mayor Pete to share what he can on: Was there a “telephone interview committee” and if so, who served on it? Who served on the “oral interview committee”? Did any South Bend residents serve on either of these committees? Why were no Council Members asked to serve on either of these informal committees? We believe that such information is needed and would be consistent with carrying out the Council Mission Statement “to make certain that our City Government is always responsive to the needs of our residents & that the betterment of South Bend is always our highest priority.” 18 REGULAR MEETING DECEMBER 10, 2012 Councilmember Dr. Fred Ferlic stated that he would like for the City to find a different location to name Dr. Martin Luther King Jr., Blvd. Councilmember Henry Davis, Jr., stated that he would like to help Councilmember Karen White re-establish the South Bend Youth Advisory Council for 2013. Councilmember Davis advised that he traveled to Los Angeles to meet with education policy experts and young elected officials from around the country to discuss ways to improve public education for South Bend’s families. He stated that at the Young Elected Officials Network’s Education Policy Academy he met with officials from the U.S. Department of Education, school district leaders, and education policy groups, and developed policy actions plans to implement in South Bend. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS BY MR. SAM BROWN CONCERNING THE SEARCH FOR A NEW POLICE CHIEF Mr. Sam Brown, 415 LaSalle, South Bend, Indiana, advised that he sat in on the Board of Public Safety hearings regarding SBPD Officer’s Stilp and Bortone. He urged the Council to ask the Mayor to get a new police chief in place. COMMENTS FROM MR. ANDREW STRAW REGARDING SEXUAL HARASSMENT AT THE SOUTH BEND HOUSING AUTHORITY Mr. Andrew Straw, 4009 Glen Ellen Ct., Apt 1C, Mishawaka, Indiana, advised that he had drafted an ordinance and e-mailed to the Council regarding the sexual harassment at the South Bend Housing Authority. Mr. Straw filed with the City Clerk one of the police reports. He stated that he is representing his clients Ms. Riley and Ms. Burnley. He stated that they are asking the Common Council to get some measure of justice and recognition. Mr. Straw advised that they were forced out and never compensated. He asked the Council for a statement of sympathy of what happened to them and a payment to compensate them. They are asking for $15,000.00 each. He stated that this would not be in satisfaction of claims that they have against the Housing Authority. It would only represent how the Council feels. He stated that his clients are here tonight to tell their stories in hopes that things can be better under the new leadership and for future employees. He stated that Marva Leonard- Dent who is the Executive Director, her attorney sent him a cease and desist order this week to silence him. However, I discovered in six annual reports of the Housing Authority’s insurance company that she was both the executive director of the Housing Authority and on the claims committee of the insurance company representing the Housing Authority. The claims committee as you probably know for an insurance company sets negotiation and legal strategy for the insurance company. He stated that he will not be silent. The conflict of interest is great and it affects his clients, he will not be silent. He reported this to the FBI, the District Attorney, HUD and a number of other agencies. This story has gone on for a year and is sure that the Council has seen it in the newspaper and on the news. He stated that ABC 57 stated that they would like to do another story next week. He stated that would be great because it is time to get this resolved. He stated that there is a new Executive Director at the Housing Authority who seems to be interested and needs a little direction. He stated that he thinks that the Council could give him that direction with a statement tonight. COMMENTS FROM MS. DEBORAH RILEY REGARDING SEXUAL HARASSMENT AT THE SOUTH BEND HOUSING AUTHORITY Ms. Deborah Riley, 3223 Black Maple Ct, South Bend, Indiana, advised that she was assaulted by another employee at the South Bend Housing Authority. Ms. Riley advised that she worked for the Housing Authority for a year. The entire time from day number one when she started there she was actually pretty much forced out. She was harassed constantly by the maintenance department. She stated a total of six people; five were actually maintenance personnel who worked with her on a daily basis. She was touched while she was urinating in the bathroom. 19 REGULAR MEETING DECEMBER 10, 2012 She stated the door opened, a manager came at her with a shovel. She stated that they made it impossible for her to even get inside her job to punch in on the time clock because of the amount of snow and water. It would take ski boots or waders to get in there. She stated she was put on a month and half to two month’s administrative leave after she reported what was going on with her. She stated that nothing has happened to those people who were responsible for this. When she returned back to work she was put right back into that same environment where this continued to happen. She stated that one man retired even after his retirement he was allowed to come back into the building and do the same things over and over again. She stated that after a while she could not take it anymore and that was when she decided to leave. COMMENTS FROM MS. JERRI BRUNLEY REGARDING SEXUAL HARASSMENT AT THE SOUTH BEND HOUSING AUTHORITY Ms. Brunley, 1324 E. Dubail Street, South Bend, Indiana, stated that she came in one day from lunch and as soon as she walked in the door a man grabbed her chest, one of the workers and started shaking her and saying provocative and nasty things to her. She stated that he continued to shake her, a supervisor walked by and she told the supervisor to tell this man to leave her alone and the supervisor said to leave that girl alone and just kept on walking. After a while he let her go and she slumped back into her seat. She stated that she went in the back to swipe out and to introduce herself to the new supervisor who started that day, and went back there to shake his hand and the guy was back there and he grabbed her again and started shaking her. She stated that she repeatedly asked him to let her go and to leave her alone. Nobody said a word to her or the guy or anybody. She stated that she walked out getting ready to leave and go back to her jobsite and he was outside, when she went outside he offered her money. She stated that she filed charges at the Human Rights Commission and gave her statement on what had happened and she stated that she never heard from them again. She stated that she has not received a letter or any contact from the Human Rights Commission on the status of her claim. She stated that she went back to the Human Rights Commission Office to check on the status of her claim and was told that her case has been closed. She questioned who has the authority to do that, she reiterated that she did not receive a letter or a phone call, it seems like everything was just wiped away, and nobody seemed to care about it. She stated this should not happen to anyone, no one should have to go to work and be harassed like she was, touched inappropriately; there are policies in place for that behavior. She stated that a week ago we just had a meeting on sexual harassment. She stated that she had to quit because she just couldn’t work there while he was there. She stated that she was forced to quit because no one should have to go to work to be picked on, said nasty things to, or be laughed at. She stated that she was expected to come back and work with him after that. COMMENTS FROM MS. CARI GREEN REGARDING 911 DISPATCHER SALARIES Ms. Green, 1228 Farmcrest, South Bend, Indiana, advised that she would like for the Council to take into consideration the wage disparity between the new 311 operators who will be making between $37,000.00 - $40,000 and the 911 Dispatchers who make between $28,000.00 - $35,000.00. COMMENTS FROM MS. BILLIE CROYMANS REGARDING 911 DISPATCHER SALARIES Ms. Croymans stated that there is a great difference in pay for the 311 Operators versus the 911 Dispatchers. She commented on the degree of calls, 311 will be for information regarding where to pay your tax or water bills versus 911 call for life and death emergencies. COMMENTS FROM MR. JESSE DAVIS REGARDING THE COMMUNICATIONS DIRECTOR Mr. Jesse Davis, P. O. Box 10205, South Bend, Indiana, questioned the rumor that the Mayor’s Communication Director, Debra Johnson was recently terminated. He asked the Council to find out if she left on her own terms or let go. COMMENTS FROM REV. GREG BROWN REGARDING WAL-MART SELLING GUNS Mr. Greg Brown, 1238 Diamond, South Bend, Indiana, advised that Wal-Mart is still selling guns. He asked the Council to investigate. 20 REGULAR MEETING DECEMBER 10, 2012 COMMENTS FROM MR. BRIAN BAKER REGARDING ST. JOE VALLEY METRO NET Brian Baker, Offices in the Commerce Center in South Bend, Indiana, advised that his appearance today is conjunction with and follow up to his April appearance at an Information & Technology Committee Meeting. He stated that he showed up with a number of wireless internet service providers who were concerned about the proposed entrance of the St. Joe Valley Metronet to the local wireless market place. He stated that he packaged up a response that he provided to the County Clerk, reading materials and as a result of that meeting defending their position and also defending the attacks and threats and accusations that were made by a couple of Metronet employees in correspondence previous to his appearance and after his appearance and as a result of that he decided to take some legal advice and he also provided the legal advice as to what his actions entailed and why they were being threatened both in their credibility and their involvement in the creation of the Metronet project itself. He stated that he included his case work on the Metronet and also included the contracts that they were contracted to create the Metronet in South Bend and also brought canceled check stubs from Metronet itself through 2009 to run it. He stated that the relevance of this is because what they found through the work through their attorney is that and the reason that they are being threatened and bullied is that he believes that there is an illegal situation occurring. He stated that when they brought the Metronet model into place it was not-for-profit that was incorporated by a couple individuals. A couple of years later evidentially a for-profit was created in the name of SJVM, Inc. and as we try to help customers to continue Metronet in the marketplace here they have been threatened on a number of instances that they are not allowed to use the harbor in an discretionary manner as those other entities are. So the recommendation upon the attorney that they hired to take a look at the contracts provided to them by South Bend, with SJVM I. the not-for-profit did not show any of the legal conveyance of the rights and privileges between SJVM and SJVM, Inc. the for- profit, nor were there any contracts surfaced between the City of South Bend and SJVM, Inc. Thus, providing a situation that there may be some illegal happenings at the cost of the City, at the cost of the local vendor out here that actually work in the market place and the city departments, the city employees, the millions of dollars that the for-profit SJVM, Inc. brings in off of what could be perceived as the illegal use or transfer of use of city conduit. COMMENTS FROM KEITH SHROCK REGARDING SOCIAL MEDIA Mr. Keith D. Schrock, Founder, Keith D. Shrock, Founder, Lord Marketing, South Bend, Social Marketing & Media, 2205 S. Michigan Street, South Bend, Indiana, he stated that he sees a lot of dissention between people of color and white folks here in South Bend, Indiana, with the police chief and also other matters. He noted the South Bend Tribunes wakeup call request for Wednesday December 5, 2012, the newspaper headline front and center he asked the Council to th channel that towards the December 19 meeting of the Mayor. He asked the Council to make their needs and wishes known, this community issue not a black/white issue and it is time that South Bend, Indiana came together and went one direction. One of the most popular fan page reaches up to 158,000 people, administer six (6) pages, business pages on Facebook, social media has grown 37% during the past twelve calendar months, it is replacing rapidly, newspaper, television, billboards, and every other media in the United States of America. Something will be done about this issue. People think that money is the most important asset in America, it is not, it is time and he thanked the Council for theirs. 21 REGULAR MEETING DECEMBER 10, 2012 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:16 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 22