HomeMy WebLinkAbout02-25-13 Common Council Meeting Minutes
REGULAR MEETING FEBRUARY 25, 2013
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, February 25, 2013 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:
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Present: Tim Scott 1 District
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Henry Davis, Jr. 2 District
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Valerie Schey 3 District
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Fred Ferlic 4 District
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Oliver J. Davis 6 District, Vice-President
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David Varner 5 District
Derek Dieter At-Large, President
Gavin Ferlic At-Large
Karen L. White At-Large, Chairperson Committee of the Whole
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 February 25, 2013, meeting of the
Council be accepted and placed on file. Councilmember Scott seconded the motion which
carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
Council President Dieter announced that the Council still has an opening on the Historic
Preservation Commission. He also announced that there are three (3) openings on the Urban
Enterprise Association. Applications can be obtained on the Council’s website or in the Office
of the City Clerk. All applications must be filed in the Office of the City Clerk by Friday, March
9, 2013.
REPORT ON TRANSITION RESOURCES CORPORATION – JESUSA RIVERA
Ms. Jesusa Rivera presented a DVD presentation on the Transitions Resources Corporation. She
noted that Transition Resources Corporation (TRC) is a private non-profit organization that has
been providing services in Indiana since 1987. She stated that they are a part of Telamon
Corporation, a private, non-profit organization, which began providing services in 1965 to farm
workers on the East Coast. The corporation has grown and now provides services in 12 states on
the East Coast and in the Midwest. She stated that more information can be obtained on their
website: www.transitionresources.org or www.telamon.org
REPORTS OF CITY OFFICES
There were no reports from City Offices at this time.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
REGULAR MEETING FEBRUARY 25, 2013
At 7:18 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 nine (9)
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. 13-12 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING SECTION 20-20 OF ARTICLE 1,
CHAPTER 20 VEHICLES AND TRAFFIC OF THE
SOUTH BEND MUNICIPAL CODE ADDRESSING
SAFETY REGULATIONS WHEN PASSING BICYCLES
Councilmember Scott made a motion to continue this bill until the March 11, 2013 meeting of
the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine
(9) ayes.
BILL NO. 07-13 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING THE MAXIMUM SALARY AND WAGES
OF CERTAIN NON-BARGAINING EMPLOYEES OF
THE CITY OF SOUTH BEND, INDIANA FOR THE
CALENDAR YEAR 2013, AND APPROPRIATING TWO
HUNDRED THIRTY SEVEN THOUSAND FOUR
HUNDRED SEVENTEEN DOLLARS ($237,417) FROM
GENERAL FUND (#101)
Councilmember White, Chairperson, Personnel & Finance Committee, reported that this
committee met this afternoon and it was the consensus of the committee to send this bill to the
full council with a favorable recommendation.
Councilmember Valerie Schey made a motion to amend this bill. Councilmember Henry Davis,
Jr., seconded the motion. Council Attorney Kathleen Cekanski-Farrand read the amendment.
She stated that in the title the amount should be changed to $204, 282. Strike the second sentence
in paragraph two starting with Furthermore. Section I (a) change Exhibits to Exhibit Entitled
City of South Bend Police Communications Center Proposed Salary Ordinance Adjustments
which is attached hereto and incorporated herein. Section II. strike the sum of $237,417 and
insert $204,282. The motion was defeated by a roll call vote of seven (7) nays
(Councilmember’s Scott, Dr. Fred Ferlic, Dr. Varner, Oliver Davis, White and Gavin Ferlic.) and
two (2) ayes (Councilmember’s Schey and Henry Davis, Jr.)
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Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend,
Indiana, made the presentation for this bill.
Mayor Buttigieg advised that this bill would amend the 2013 Salary Ordinance No. 10199-12.
He stated that the 911 emergency dispatchers at the South Bend Police Department receive
compensation less than that of similar dispatchers in other Indiana Class Two Cities. These
employees are highly trained and serve as the first line of response when a resident or family has
an emergency. He stated that they would like these hard working persons to be paid at a rate
consistent with those working in other Class Two Indiana cities. He noted that this bill seeks to
create 1.5 FTE’s for the Mayor’s office. He stated that at last year’s budget discussions they
wanted to create a Director of Community Outreach in the Mayor’s Office and also benefit from
REGULAR MEETING FEBRUARY 25, 2013
the assistance of a part-time secretary. Mayor Buttigieg stated that on the advice of Council
Members last year, he has given serious study to the staff situation in the Mayor’s office and now
seeks support to create 1.5 FTE positions which will highly enhance community outreach and
service to citizens.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
The following individuals spoke in favor of this bill:
Chief Gary Horvath, South Bend Police Department, 701 W. Sample, South Bend, Indiana;
Diana Scott, Director of Communications, South Bend Police Department, 701 W. Sample,
South Bend, Indiana; Steve Noonan, Former FOP #36 President on behalf of current FOP #36
President Demler.
Councilmember’s Oliver Davis, Dr. Fred Ferlic, Schey, Henry Davis, Jr., Scott, Dieter and White
commented on their concerns of this bill. Councilmember’s Schey and Henry Davis, Jr. both
stated that they are in favor of pay increases for the 911 Dispatchers and were disappointed that
their amendment to this bill failed, however at this time they would vote in favor of this bill
because they did not want the pay increases for the dispatchers to fail.
There being no one else 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 Scott seconded the motion which carried by a
voice vote of nine (9) ayes.
RISE AND REPORT
Councilmember Scott made a motion to rise and report to full Council. Councilmember Varner
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 reconvened in the
Council Chambers on the fourth floor of the County-City Building at 7:55 p.m. Council
President Derek Dieter, presided with nine (9) members present.
BILLS – THIRD READING
ORDINANCE NO. 10222-13 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING THE MAXIMUM SALARY AND
WAGES OF CERTAIN NON-BARGAINING
EMPLOYEES OF THE CITY OF SOUTH BEND,
INDIANA FOR THE CALENDAR YEAR 2013,
AND APPROPRIATING TWO HUNDRED
THIRTY SEVEN THOUSAND FOUR HUNDRED
SEVENTEEN DOLLARS ($237,417) FROM
GENERAL FUND (#101)
REGULAR MEETING FEBRUARY 25, 2013
This bill had third reading. Councilmember Varner made a motion to pass this bill.
Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of
nine (9) ayes.
RESOLUTIONS
RESOLUTION NO. 4239-13 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
REQUESTING THAT LOCAL MEETINGS BE
HELD BY OUR U.S. SENATORS AND U.S.
HOUSE OF REPRESENTATIVES SO THAT
THERE ARE OPPORTUNITIES TO HEAR FIRST
HAND COMMENTS ON HOW TO IMPROVE
OUR IMMIGRATION SYSTEM
Whereas, the South Bend Common Council notes that on March 26, 2009, former U.S. Senator
Richard Lugar introduced the DREAM Act which he co-sponsored with U.S. Senator Dick
Durbin. That was a bi-partisan proposal to provide an opportunity for students to earn legal
status while continuing their education and pursuing careers in the United States; which then had
the support of the President of Indiana University; Purdue University and the University of Notre
Dame; and
Whereas President Obama is working on an immigration plan which has four (4) principles;
“continuing to strengthen border security; Streamlining legal immigration; Earned citizenship;
and Cracking down on employers hiring undocumented workers” which are further addressed at
http://www.whitehouse.gov/issues/immigration; and
Whereas, many local individuals within South Bend and organization such as Transforming
Action Through Power (TAP), a Gamaliel affiliate who works with the public to become a
positive force for change, have stepped up to voice their support of “A Dream for All” Campaign
which proactively encourages immigration changes; and
Whereas, in light of the approximate 11 million undocumented immigrants living in the United
States and the ongoing discussions taking place at the federal executive and legislative levels,
our federal elected officials and their staffs should consider hosting meetings on this important
issue.
Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana as
follows:
Section I. The South Bend Common Council recognizes that over the next several weeks, very
important discussions will be taking place in Washington, D.C. on the topic of immigration.
Section II. The Common Council believes that since immigration is addressed at the federal
level, the that U.S. Senator Dan Coats, U.S. Senator Joe Donnelly, and U.S. House of
Representative Jackie Walorski should host local forums, so that they can hear from South Bend
residents first-hand before casting their votes. Therefore, in the spirit of transparency, openness
and good government, the Common Council request that a copy of this Resolution be sent to
each of our duly elected federal officials serving in the U.S. Senate and in the U.S. House of
Representatives so that public meetings can be held in South Bend. In this way, comments and
needed dialogue can take place so that the best possible legislation which is fair and equitable
can be achieved through this collaborative process.
Section III. This Resolution shall be in full force and effect from and after its adoption by the
Council and approval by the Mayor, with the Office of the City Clerk sending a copy to each of
the federal elected officials listed in Section II herein.
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s/Tim Scott, 1 District s/Oliver J. Davis, 6 District
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s/Henry Davis, Jr., 2 District s/Derek D. Dieter, At Large
REGULAR MEETING FEBRUARY 25, 2013
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s/Valerie Schey, 3 District s/Gavin Ferlic, At Large
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s/Dr. Fred Ferlic, 4 District s/Karen L. White, At Large
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Dr. David Varner, 5 District Kathleen Cekanksi-Farrand, Attorney
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Attest: Approved this 25 day of February, 2013
s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend
Councilmember Oliver Davis made the presentation for this bill. He offered his comments and
asked that a copy of this Resolution be sent to each of the federal elected officials listed.
A Public Hearing was held on the Resolution at this time.
Ramona, 536 Widner Lane, South Bend, Indiana, stated that she is a member of TAP. She urged
the Council to adopt this resolution.
Tony Flora, Representing the AFL/CIO North Central Indiana AFL-CIO Council, read into the
record a document supporting a road map to citizenship for aspiring Americans. He stated that
on February 11, 2013 the North Central Indiana AFL-CIO Council stated:
Whereas, Everday, more than 11 million immigrant aspiring citizens contribute to our
communities, our economy, and our country- yet are denied a voice in the workplace and
essential rights in our society;
Whereas, A strong and vibrant democracy cannot function unless all men and women,
regardless of their skin color or where they were born, can participate meaningfully in the
political process with full rights and equal protections;
Whereas, The union movement recognizes that the way we treat new immigrants reflects
our commitment to democracy and the values that define us;
Whereas, Working people are strongest when working together and the union movement
is strongest when it is open to all workers, regardless of where they come from;
Whereas, The creation of a road map to citizenship for new American immigrants would
improve wages and labor standards for all workers by empowering immigrant workers and
halting employers who take advantage of our failed immigration policies to pursue a race to the
bottom;
Whereas, Temporary worker programs do not reflect America’s values as a democratic
society. History teaches that guest worker programs create a second class of workers, unable to
exercise even the most fundamental rights, which lowers wages and working conditions for all
workers;
Whereas, The dreams of young immigrants to have access to quality education and the
hopes of millions of immigrants to reunify their families are consistent with American values;
And Whereas, America’s unions remain committed to working together on the side of
justice for all, along with our community partners, including civil rights, human rights and
immigrant rights organizations to pass fundamental reform that encompasses these principles and
strengthens our democracy;
Therefore be it resolved: That the North Central Indiana AFL-CIO Council, which
represents the voices of thousands of working families in the Indiana counties of LaPorte, Starke,
St. Joseph, Marshall, Elkhart, and Kosciusko, calls upon Congress to pass common sense
immigration reform that reflects the principles outlined in the unified union movement’s
framework for comprehensive immigration reform, “Immigration for Shared Prosperity: A
Framework for Comprehensive Immigration Reform”:
And be if finally resolved: The North Central Indiana AFL-CIO Council will continue to
work with allies to promote comprehensive immigration reform based on the principles outline
in this resolution and will communicate this position to Indiana’s congressional delegation.
Mr. Flora asked the Council for their favorable adoption of this Resolution.
Wendy Winters, Joseph Alavarez, Cedric Stricklin, Antwon Mason, Joe Carbone, Ms. Ramona
and Jesusa Rivera, spoke in favor of this bill. The urged the Council’s favorable adoption of this
resolution.
There being no one else present wishing to speak to the Council in favor of or in opposition to
this Resolution, Councilmember Varner made a motion to adopt this bill. Councilmember White
REGULAR MEETING FEBRUARY 25, 2013
seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9)
ayes.
RESOLUTION NO. 4240-13 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING THE ISSUANCE OF SCRAP
METAL/JUNK DEALER/RECYCLING
OPERATION LICENSES FOR CALENDAR
YEAR 2013 PURSUANT TO SECTION 4-51 OF
THE SOUTH BEND MUNICIPAL CODE
Whereas, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing
the licensing of scrap metal dealers, junk dealers and recycling operations; and
Whereas, on February 25, 2013 the Ordinance Violation Bureau Clerk provided written notice to
the City Clerk that the following businesses:
A-1 Auto Parts 2014. Lafayette Blvd.
Alternative Two LLC 700 W. Chippewa
Gertrude Street Metal 3700 S. Main St.
Indiana Auto Parts 3300 S. Main St.
LKQ Auto Parts 1602 S. Lafayette Blvd.
OmniSource Corp. 7575 W. Jefferson Blvd.
Republic Service of Indiana LP 2500 Greentech Dr.
Schrock Aggregate Inc. 1702 N. Bendix Dr.
Steve & Gene’s 3109 Gertrude St.
Treadstone LLC 445 N. Sheridan St.
US Scrap LLC 2500 Greentech Dr. (Lot 4)
US Scrap LLC 1420 S. Walnut St. (ACME)
US Scrap/SB Bailing 1420 S. Walnut St.
US Scrap & Recycling 1610 Circle Ave.
US Scrap & Recycling 1700 W. Washington St.
US Scrap & Recycling 2014-2016 W. Washington St.
Have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station Recycling Operations
Licenses for the year 2013.
Whereas, the license applications for all above-referenced businesses received favorable
recommendation form the Department of Code Enforcement, Police Department, and the Fire
Prevention Bureau.
Now, Therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as
follows:
Section I. The license application for the following businesses:
A-1 Auto Parts 2014. Lafayette Blvd.
Alternative Two LLC 700 W. Chippewa
Gertrude Street Metal 3700 S. Main St.
Indiana Auto Parts 3300 S. Main St.
LKQ Auto Parts 1602 S. Lafayette Blvd.
OmniSource Corp. 7575 W. Jefferson Blvd.
Republic Service of Indiana LP 2500 Greentech Dr.
Schrock Aggregate Inc. 1702 N. Bendix Dr.
Steve & Gene’s 3109 Gertrude St.
Treadstone LLC 445 N. Sheridan St.
US Scrap LLC 2500 Greentech Dr. (Lot 4)
US Scrap LLC 1420 S. Walnut St. (ACME)
US Scrap/SB Bailing 1420 S. Walnut St.
REGULAR MEETING FEBRUARY 25, 2013
US Scrap & Recycling 1610 Circle Ave.
US Scrap & Recycling 1700 W. Washington St.
US Scrap & Recycling 2014-2016 W. Washington St.
are approved in conformity with the South Bend Municipal Code Section 4-51 and based upon
the satisfactory review and inspection of the properties by the Department of Code Enforcement,
Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation
Bureau Clerk’s communication to the City Clerk dated February 25, 2013.
Section II. This Resolution shall be in full force and effect from and after its adoption by the
Council and approval by the Mayor.
s/Derek D. Dieter
Member of the Common Council
Councilmember White made a motion to accept the substitute version of this bill as on File in the
Office of the City Clerk. Councilmember Henry Davis, Jr., seconded the motion which carried
by a voice vote of nine (9) ayes.
Councilmember White, Vice-Chairperson, Personnel & Finance Committee, reported that this
committee held a Public Hearing on this amended bill this afternoon and voted to send it to the
full Council with a favorable recommendation.
City Clerk John Voorde made the presentation for this bill. Clerk Voorde advised that his office
has received the renewal applications for the operation of Scrap Metal/Junk Dealers/Recycling
Operations. In accordance with procedure for the renewal of city business licenses, these
applications were submitted to the Police, Fire and Code Enforcement Departments for
inspection. Clerk Voorde stated that all but two applications received favorable
recommendation. The two businesses that are not in compliance are: Alternative Two LLC, 700
W. Chippewa (Fire Inspection) and US Scrap LLC/ACME 1420 S. Walnut St. (Code
Enforcement). Clerk Voorde stated that the remaining business should be granted favorable
adoption.
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 substitute Resolution.
Councilmember Scott seconded the motion which carried and the Resolution was adopted by a
roll call vote of nine (9) ayes.
BILL NO. 13-18 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
CALLING FOR A TEMPORARY
MORATORIUM ON DEMOLITION OF
BUILDINGS WHICH ARE NOT A HEALTH
AND PUBLIC SAFETY HAZARD
Councilmember Oliver Davis made a motion to continue this bill indefinitely. Councilmember
Varner seconded the motion which carried by a voice vote of nine (9) ayes.
REGULAR MEETING FEBRUARY 25, 2013
BILLS - FIRST READING
BILL NO. 08-13 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 14
OF THE SOUTH BEND MUNICIPAL CODE BY
THE INCLUSION OF NEW ARTICLE 11
ENTITLED BLOCK PARTY REGULATIONS
This bill had first reading. Councilmember Scott made a motion to refer this bill to the Public
Works and Property Vacation Committee and set for Public Hearing and Third Reading on
March 11, 2013. Councilmember Gavin Ferlic seconded the motion which carried by a voice
vote of nine (9) ayes.
UNFINISHED BUSINESS
Councilmember Henry Davis, Jr., advised that he is not satisfied with the demotion of Chief
Boykins or the firing of the Communications Director. He stated that he is not thrilled about the
hiring of a new police chief. He stated that he does not know the new Police Chief, however he
does not like how he was brought in. Councilmember Henry Davis, Jr., then asked for three
action items to be addressed: 1. A breakdown of the City of South Bend workforce. 2. The
status of Jersey Mike’s communication with the City. 3. Block Party applications.
Councilmember Oliver Davis thanked the city administration for their help in turning on the
pumps at the New Energy (Ethanol) Plant. He asked the City Administration and the Public
Works Department to address the concerns raised by the Farmers who have land around the New
Energy (Ethanol) Plant. He also noted that the Council recently passed a Resolution noting that
March 23, 2013 would be recognized as Schuyler Colfax Day. He advised that there will be
more information coming forthwith.
Council Attorney Kathleen Cekanski-Farrand advised that she met with Interim City Attorney
Aladean DeRose to address the “Whistleblower” policy for the Police and Fire Departments.
Council President Dieter stated that he would like the South Bend Police Department’s Fraternal
Order of Police and the Fire Fighter Union to be included in the discussions on the
“Whistleblower” policy.
REPORTS FROM AREA BOARD OF ZONING APPEALS
BILL NO. 13-16 – SPECIAL EXCEPTION – 2221 PRAIRIE AVE
Councilmember Henry Davis, Jr., made a motion to refer this bill the Zoning & Annexation
Committee and set this bill for Public Hearing and Third Reading on March 11, 2013.
Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 13-19 - CONFIRMING TAX ABATEMENT FOR DOUGLAS ROAD LAND
PARTNERS SOUTH, L.P./HARRINGTON ORTHODONTICS-SET FOR 2-25-13
Councilmember Tim Scott made a motion to refer this bill to the Community Investment
Committee and set this bill for Public Hearing and Third Reading on March 11, 2013.
Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9)
ayes.
REGULAR MEETING FEBRUARY 25, 2013
NEW BUSINESS
Council President Dieter noted that he would like to have a School Safety Seminar under the
Health and Public Safety Committee.
Councilmember Oliver Davis thanked fellow Council Members and encouraged their continued
attendance in all neighborhood meetings.
Councilmember Tim Scott thanked Councilmember’s Dieter, Oliver Davis, and White for their
attendance at the NNRO Meeting.
PRIVILEGE OF THE FLOOR
Sam Brown, Citizens United for a Better Government, advised that he does not feel good about
what is going on in the city.
Bill Sykes, 18927 Darden Road, South Bend, Indiana, thanked the Council for funding the new
South Bend Animal Care and Control Facility. Mr. Sykes stated that he would like to see the
Municipal Code changed on the classification of the Pit-bull breed dog. He stated that there is a
stigma attached to these dogs that should not be. He stated that if a Pit-bull is picked up by
animal control it is a death sentence. He stated that he would like to have the right of adoption
for Pit-bulls.
Peggy Tomkiewicz, 2801 Calvert, South Bend, Indiana, stated that she would like to know the
status of the New Energy (Ethanol Plant.) She stated that for now the city has negotiated to have
the pumps turned on, but is concerned about the future. She asked the Council to please keep the
residents advised on the status.
Gabriella, 1121 Stanfield, South Bend, Indiana, stated that she is concerned about the breed
specific legislation of the Pit-bull. She encouraged the Council to reconsider the right of
adoption.
Linda Cole, 2801 S. Meade, South Bend, Indiana, stated that it is unacceptable that all city
departments involved in the development of the homes near and around the New Energy
(Ethanol) Plant who did not see this land was a flood zone and has a high water table.
ADJOURNMENT
There being no further business to come before the Council, President Derek D. Dieter adjourned
the meeting at 8:56 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Derek D. Dieter, President