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HomeMy WebLinkAbout11-22-04 Council Meeting Minutes REGULAR MEETING NOVEMBER 22, 2004 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, November 22, 2004, at 7:00 p.m. The meeting was called to order by President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Ervin Kuspa 6th District Sean Coleman At-Large Chairperson, Committee of the Whole Al `Buddy" Kirsits. At-Large Karen L. White At-Large President OTHERS PRESENT: Kathleen Cekanski-Farrand, Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy City Clerk Janice I. Talboom Deputy City Clerk REPORT FROM THE SUB-COMIVIITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the November 8, 2004 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. Members of the Sub-Committee on Minutes s/Karen L. White s/David Varner { Councilmember Coleman made a motion that the minutes of the November 8, 2004, meeting of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS COUNCIL DISTRICT UPDATE—COUNCILMEMBER AT LARGE, SEAN COLEMAN Councilmember Coleman stated that he has had the privilege of serving all the citizens of South Bend as part of his daily duties. In addition, he stated that he has the honor of serving on various boards and committees among them are the Project Future Board, Solid Waste Management District Board,Morris Inc. Board that oversees the operation of the Morris Performing Arts Center and also represent the Council on the Healthy Communities Initiative Board. Councilmember Coleman advised that he would like to state that theist, 2°d, 3`d,4th, 5th and 6th District of South Bend are all the greatest districts in South Bend and he serve all of them along with Councilmembers Kirsits and White. He highlighted his role as Council representative on the Commercial Corridor Initiative of the City, as the co-chair of the Portage Avenue Steering Committee. Councilmember Coleman highlighted on some of the work that has been done along Portage Avenue. for some of those who may or may not have traveled along Portage Avenue recently. The members of the steering committee in cooperation with the City have been busy working on projects that are planned for calendar year 2005. Over the past year the committee has awarded a number of facade grants along Portage Avenue. A new monument sign above the South Bend Civic Theatre. At the corner of Portage and Elwood, Portage Liquors will see improvements to their building to help hide a bin that is currently exposed behind 1 REGULAR MEETING NOVEMBER 22,2004 their operation that if you have to look at if you are in the Martin's shopping center. That bin will no longer be in plain site thanks to the steering committee. South Bend Family Dentistry has received a clean and polish from the Portage Avenue Steering Committee by upgrades that have been made to their facility along Portage Avenue. The Portage Foot Clinic received significant dollars in relocate its office and remain on Portage Avenue and some of the improvements specifically the handicap access and the sign out front are evidence of the committee's participation in that move. The State Farm Insurance Agency that has long been located at the corner of Portage and Elwood has done some landscape improvements to their facility and are currently in the process of moving to what was formerly the 1St Source Bank Building. This building has been empty for several years and the committee is looking forward to keeping Mr. Daryl Raines right in the heart of the Portage Avenue. There is also a contemplated change in the align in bus pick-up at the corner of Portage and Elwood that it will make it more friendly and less congestive at the corner as people who are looking to board the Transpo System will have a new location along Elwood, that will take some of the pressure off that heavily trafficked corner. In the future for 2005, there are corridor intersection that are contemplated in a couple of key corners that are not currently traffic signed or lighted, that have over the years posed certain traffic safety problems for those coming onto or exiting Portage Avenue. The committee is looking forward to doing some predevelopment work for specific buildings along Portage Avenue that may have outlived their current use and may be in need of demolition, such as the Omniplex (Old Dwerys Brewery) that sits just off Portage Avenue at 1408 Elwood. The committee is currently undergoing projects at 1335 Portage Avenue, which many of us growing up knew as Portage Sunoco, the Snyder Brothers Garage to King Street where the State Farm Agency is going to relocate with landscaping and a much softer look to the area. The committee is putting into place a design review concept so as when we look at future improvements along Portage Avenue that we will have the benefit of a guide that everyone can work from in terms of what is acceptable and what makes the most sense as we allocate funds for future improvements along Portage Avenue. Councilmember Coleman commended the Steering Committee as well as Co-Chair Karen Ainsley, the Near Northwest Neighborhood Director, along with the City of South Bend Department of Economic Development's staff and their neighborhood planners who we work so closely throughout the process of making these improvements along Portage Avenue. Councilmember Coleman stated that he would like to acknowledge the other corridors of the City that are benefiting from this same funding. Councilmember Coleman advised that he has had many duties that he has been honored to participate in as a Councilmember at Large, this is one that he wanted to highlight this evening,because it truly has created great benefits for people who live along Portage Avenue. RESOLUTION NO. 3399-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE 2004 SOUTH BEND POLICE DEPARTMENT SWAT MEMBERS FOR WINNING THE 2004 SWAT SKILLS COMPETITION Whereas, the Common Council of the City of South Bend, Indiana, notes that on September 23, 2004, eleven (11) teams representing the Elkhart Police Department, the South Bend Police Department, the St. Joseph County Sheriff's Department, the Indiana State Police, the Elkhart County SWAT Division and the Goshen Police Department met in Elkhart to participate in a SWAT Skills Competition; and Whereas, the SWAT Skills Competition included: agility course testing; endurance, strength and balance; handgun skills with shooting taking place from seven yards; long gun skills with shooting taking place from 142 yards, sub-gun skills; precision marksman skills; room clearing, and working in a chemical environment with masks; and Whereas, the average time of all teams was 32:02, with the South Bend Police Department SWAT Team having the winning time of 25:22; and 2 REGULAR MEETING NOVEMBER 22,2004 Whereas, the Common Council is proud to recognize each member of the South Bend Police Department SWAT Team, namely: Sergeant Douglas Bagarus Lieutenant Marc Mersich Sergeant Stephan Smith Sergeant Robert Culp Corporal Bryan Miller Sergeant Steven Spadafora Lieutenant Scott Hanley Sergeant Scott Ruszkowski Sergeant Frank Steiger Corporal Christopher Houser Lieutenant Keith Schweizer Lieutenant Jeffery Walters Corporal Jason Katowich Corporal Scott Severns Sergeant William Wells Corporal Timothy Lancaster Corporal Daniel Skibins Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates all of the members of the 2004 South Bend Police Department SWAT Team for winning this year's SWAT Skills Competition which was held in Elkhart, Indiana. { Section II. The Common Council acknowledges the South Bend Police Department SWAT Team's hard-work, discipline, dedication, and skills which have brought the highest of honors to themselves and to their family and friends; and is a meritorious accomplishment for the South Bend Police Department and all of the residents of the City of South Bend, Indiana. Section III . 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, 1st District s/Ervin Kuspa, 6th District s/Charlotte D. Pfeifer, 2nd District s/Sean Coleman, At Large s/Roland Kelly, 3rd District s/Al `Buddy" Kirsits, At Large s/Ann Puzzello, 4th District s/Karen L. White, At Large s/Dr. David A. Varner, 5th District s/Kathleen Cekanski-Farrand Council Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Puzzello, Chairperson, Health and Public Safety Committee made the presentation for this Resolution by reading it in its entirety and presenting it to Swat Team Commander Keith Schweizer. A Public Hearing was held on the Resolution at this time. Keith Schweizer, Commander South Bend Police Department Swat Team, 701 W. Sample Street, South Bend, Indiana, thanked the Council for this honor. Mr. Schweizer commended his team members for their hard work and dedication in bringing home this award to the South Bend Police Department. Lieutenant Scott Hanley, 701 W. Sample Street, South Bend, Indiana, commended the Swat Team for their outstanding effort. Councilmember Derek Dieter congratulated the Swat Team on their fine efforts on winning the 2004 Swat Skills Competition. Councilmember Varner made a motion to adopt this Resolution. Councilmember Coleman made seconded the motion which carried. 3 REGULAR MEETING NOVEMBER 22,2004 RESOLUTION NO. 3400-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING THE 2004 GATORS YOUTH FOOTBALL TEAM FOR WINNING THE MIDGETS DIVISION CHAMPIONSHIP OF THE MICHIANA JUNIOR FOOTBALL LEAGUE Whereas, the Common Council of the City of South Bend, Indiana, is proud to acknowledge that a group of 11, 12, and 13-year old youngsters who are from public and private schools, as well as youth who are home-schooled, participate in the Michiana Junior Football League, a subsidiary of Pop Warner Football for the Michiana regional area; and Whereas, the Council notes that Pop Warner offers tackle football and cheerleading programs nationally for youngsters between the ages of 7 through 12; and that the Michiana Junior Football League youth teams compete at O'Brien Field and practice behind Coquillard Primary Center; and Whereas, such youth participation teaches responsibility; helps build confidence and friendships; and provides athletic and social opportunities for such youngsters through learning to work and play together as they learn about positive team concepts and athletic techniques; and Whereas, the Common Council proudly acknowledges all of the members of the 2004 Gators Youth Football Team, the Midgets Division Championship of the Michiana Junior Football League who were 8-0 this season, scoring 248 point and only allowing the opposition to only score 80 points: # 10 Brandon Moore #48 Adam Earles #77 Garrett Csznowski # 12 Nolan Dieter # 50 Kyle Zappia # 80 Ben Burnett # 22 Tylor Keen #60 Brandon Sroda # 81 Gehrig Dieter # 23 John Gammon #64 Aaron Ciesielski # 85 Javonte Pettigrew #28 Malcom White #68 Christian Ciesielski # 88 Mike Zimmerman # 36 Shawn Jacks #72 Melvin Clayton #90 Hendrik Reydams #44 Kameron Berry #74 Ronnie Shepley #96 Jesse Kampa #76 Adrian Austin along with Assistant Coaches Antwon Jones, Tony Zappia, Steve White, and Mike Holt and Coach Dieter. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates the 2004 Gators Youth Football Team, the Midgets Division Championship of the Michiana Junior Football League for bringing honor to themselves, their team & our city; and thanks their parents and friends for their valuable support. 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, 1St District s/Ervin Kuspa, 6th District s/Charlotte D. Pfeifer, 2nd District s/Sean Coleman, At Large s/Roland Kelly, 3rd District s/Al `Buddy"Kirsits, At Large s/Ann Puzzello, 4th District s/Karen L. White, At Large s/Dr. David A. Varner, 5th District 4 REGULAR MEETING NOVEMBER 22,2004 s/Kathleen Cekanski-Farrand Council Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Derek D. Dieter, 1135 Portage Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to the members of the Midget Division of the Michiana Junior Football League. A Public Hearing was held on the Resolution at this time. Antwon Jones, Tony Zappia, Steve White, Assistant Coaches, Midget Division Michiana Junior Football League, thanked the Council for this honor. Councilmember Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m., Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman, Chairperson, Committee of the Whole, presiding. Councilmember Coleman noted that this is the portion of the meeting in which members of the council meet as the Committee of the Whole in order to hear presentations and public comment on bills that are presented for ordinance consideration. Each bill that will be heard tonight will have a Public Hearing and after the hearing on each bill, the committee will vote on the disposition of the bill, which typically is sent to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend Municipal code requires that the Chairperson describe the procedure for the hearings. The Committee operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski-Farrand who serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: • I 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are heard from members of the public who wish to speak in favor of the bill. Each such member is limited to five (5) minutes for his/her presentation and must begin by stating his/her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the bill. Each member of the public speaking against the bill is limited to five (5) minutes for his/her presentation and must also begin by stating his/her name and residential address. With respect to those individuals speaking against, the total time for comments by members of the public speaking against the bill is the amount of time that was used by those speaking in favor of the bill or thirty (30) minutes whichever is greater. 5 REGULAR MEETING NOVEMBER 22, 2004 7. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. PUBLIC HEARINGS BILL NO. 81-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; GREGORY A. KIZER, 20+/- VACANT ACRES LYING WEST AND ADJACENT TO CROSS CREEK SUBDIVISION, FRONTAGE ALONG BRICK ROAD Councilmember Kuspa made a motion to continue this bill until the December 13, 2004 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 59-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE EAST SIDE OF CHAPIN STREET NORTH OF SAMPLE STREET TO UNITED DRIVE AND APPROXIMATELY 720 FEET OF UNITED DRIVE RUNNING EAST FROM CHAPIN STREET Councilmember White made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Bill Schalliol, Community and Economic Development, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indianan made the presentation for this bill. Mr. Schalliol advised that this bill would allow for the construction of a proposed addition to the United Beverage Building facility located on the northeast corner of Sample Street and Chapin Street. This vacation will also allow for the re-location of United Drive approximately 280 feet to the North of its present location. 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. Bill Carnegie, Director, Food Bank of Northern Indiana, 702 S. Chapin Street, residence 114 N. Hawthorne, South Bend, Indiana, spoke in favor of this bill. He stated that the Food Bank has no problem with this vacation and is in favor of this bill. Mr. Matthew Dee, Chairman, United Beverage, 840 Prairie Avenue, South Bend, Indiana, advised the Council that he is in negotiations with Hobart Engineering to purchase the property. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Kelly made a motion 6 REGULAR MEETING NOVEMBER 22,2004 for favorable recommendation to full council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 70-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF REVISED SECTION 2-50 ENTITLED BOARD OF PUBLIC SAFETY AND A NEW SECTION 2-50A ENTITLED BOARD OF PUBLIC WORKS Council President White made a motion to hear the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, Health and Public Safety Committee reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Puzzello, 1247 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this bill. Councilmember Puzzello advised that this bill addresses the Board of Public Safety and the Board of Public Works. She stated that at the November 8th Health and Public Safety Committee, there was a good exchange of ideas on this bill. The substitute version of this bill addresses each of the major concerns raised and the major changes have been addressed such as it incorporates new paragraph c. addressing"Quorum". It incorporates a revised paragraph d. addressing "Board Composition". It broadens this area to include a person with "comparable public safety experience". It also incorporates a revised paragraph f. addressing "Term of Appointments" and eliminates the previously suggested term language and includes instead that such Board appointments "shall serve at the will of the Mayor". Councilmember Puzzello stated that she believe that this bill is a good bill and requests' support for the bill. 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. Ken Marks, President, International Association of Firefighters,Local 362, 1122 South Main Street, P. O. Box 3581, South Bend, Indiana 46619 spoke in favor of this bill. Mr. Marks stated that the Common Council of the City of South Bend has before it a bill (No. 70-04) that seeks to add structure to the appointment procedures and parameters governing candidates for the Board of Public Safety. As this board is charged with negotiating work rules for South Bend's firefighters and police officers—as well as matters of hiring, promotion and discipline—the nature and composition of this body is of great interest and importance to those employees under the Board's jurisdiction. As firefighters, represented by the International Association of Firefighters, Local 362, we support the Council's efforts to ensure equitable representation among board appointees and join with you in that endeavor. We ask that you recognize the benefits of appointing at least one member with a public safety background, and encourage you to act on this singular opportunity to add something that has been lacking in recent board compositions; namely members with first-hand knowledge garnered from distinguished public safety careers. We are, like you, cognizant of the board's role in disciplining police officers and firefighters and are not seeking lopsided representation in an effort to affect hose matters. Rather, we feel that appointing one member with a public safety background would bring tremendous insight to the Board's deliberations. Fears of undue unilateral influence are mitigated by majority rule in those occasional instances involving 7 REGULAR MEETING NOVEMBER 22,2004 the board in disciplinary proceedings. In all other matters the public safety officers of this city— and by extension the citizens we are sworn to protect—would benefit from adoption of the ideas this bill suggests. It is in the interest of all parties that appointments to the Board of Public Safety be made without placing on the Mayor unnecessary requirements that restrict his ability to fill these seats as he sees fit. It is not restrictive to ask a candidate for appointment to undergo an application process, nor is it restrictive to suggest that the council could request informational discussions concerning appointees. The term limits suggested would ensure that the board has an opportunity for fresh vision and since as each appointee has the opportunity to serve over a decade, excessive turnover is unlikely. The parameters laid out in the bill give voice to those public safety personnel who do their jobs everyday. They further assure that the council is given the courtesy of discussion prior to any appointments. They do not remove from the Mayor the right to appoint individuals of his choosing, excepting the appointment of one individual of good character with first hand knowledge of the public safety sector. We urge your careful consideration of this bill and would welcome the opportunity to discuss it further. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mayor Stephen J. Luecke, 1400 County-City Building, South Bend, Indiana, stated that he appreciated the spirit with which this bill is offered, however, disagrees with the bill. It creates unnecessary requirements. It should not be a requirement to have a former public safety official or limit selection of board members. In regards to having good information about the operations of the police and fire departments,the board members will be asked to take part in the citizens police and fire academies to become much more familiar with the daily operations and wonderful job that our firefighters and police officers do. In the future, suggestions of having a budget for the board to hire an advisor, if they so choose. That person could be someone with a public safety background. Mayor Luecke wanted to affirm that he has in the past appointed a public safety official to the board and expected that he will probably sometime in the future, but he does not believe that it should be a requirement for him or future mayors to do so. Mayor Luecke asked the Council to vote in opposition to this bill. Linda Hopkins, 1134 Canterbury Drive, South Bend, Indiana, stated that she could recognize the value that a retired police officer or fire official could bring to the board of safety with their knowledge and expertise in the field of making any type of a decision that requires that experience. However, with the current relationships with the community and the police department, it is important to keep the Board of Public Safety independent. If we hope to build trust in this community, this bill does not offer that by having a member as a retired police officer or fire official on the board. She encourages the Council to look at alternatives such as an advisory position, where people could be relied upon when their expertise would be needed instead of an actual appointment to the board. Trina Robinson, President, NAACP, (no address given), speaking on behalf of the NAACP, stated that they oppose any bill that would mandate a member of the Board of Public Safety be a retired police office or firefighter. On numerous occasions we have voiced our opposition to the current process for filing complaints with SBPD. We feel that to do anything other than to create a civilian review board or revisit the process currently in place would further divide a segment of the community that feel that their rights as citizens are being violated by the SBPD. We are outraged to know that over a ten year span, $579,734.90 was paid out by the City to settle claims brought against the SBPD. If the City is paying this kind of money to settle claims then we have to believe that the current process of filing complaints and submitting them to the Board of Public Safety has failed. Ms. Robinson advised that mandating a member of the Board of Public Safety to be that of a retired firefighter or police officer would serve no purpose other that to further divide our community. Please consider the real issues of the Board of Public Safety which is not who holds a seat but rather how to enhance and improve a process that has gone flawed for too many years. We know that you want to do the right thing and we are sure that you will oppose this bill as well. 8 REGULAR MEETING NOVEMBER 22, 2004 There was no one else present wishing to speak in opposition to this bill. In rebuttal, Councilmember Puzzello stated that a few of the changes include revising a paragraph regarding board composition. So that it would not only be limited to a firefighter or police office of the City of South Bend, so that it could incorporate the Public Safety area of the wider community. The substitute bill incorporates a revised paragraph addressing term of appointments and eliminates the previous suggested term lengths restricting the amount of time a board member could serve and includes the language that such board appointments shall serve at the will of the Mayor. Councilmember Puzzello stated again that she believes this bill is a good bill, because it gives more information to the public and gives more information to the Board of Public Safety. The bill does not divide anyone, it allows people who are outside the City of South Bend to serve on the Board, and work with the Community. Councilmember Derek Dieter disclosed that he is a member of the South Bend Police Department and after consulting with Council Attorney Kathleen Cekanski-Farrand it was determined that there is no conflict of interest. Councilmember Al `Buddy" Kirsits disclosed that he is a member of the South Bend Fire Department and after consulting with Council Attorney Kathleen Cekanski-Farrand it was determined that there is no conflict of interest. Council President Karen White thanked Councilmember Puzzello for her efforts; however, she believes that Substitute Bill 70-04 is not a good bill. Council President White stated that when you look at some of the components in the bill for example the paragraph that indicates that it would provide greater detail for the public, she would like to have further discussion on this to find our what sector of the public that it is speaking about. Clearly there are some challenges that we have as a Community as we begin to look at relationships within certain segments of the public as it pertains to Public Safety. The term of the appointment is not the issue, the issue is that we as a Council require that one of the five seats should be that of a person that has a public safety background. Council President White stated that she doesn't believe in this day and age that that is the direction that we as a Council or as a City should be leaning towards. Council President White stated that she publicly supports a Citizens Review Board for a number of reasons, but at this time she will not support this bill. She advised that she does not believe that it is in the best interest of this City as well as the Council. Councilmember Kelly stated that he is not in favor of Substitute Bill 70-04. This bill inhibits the Mayor to make appointments and creates some problems with some segments of our population that we are trying to resolve. Al `Buddy" Kirsits stated that the Board of Public Safety is created by State Law and is here to stay, however, he also believes that a Citizens Review Board is needed. Nevertheless, the Board of Public Safety desperately needs to be expanded to a five (5) member board. The current board has trouble making a quorum. Councilmember Kirsits stated that for over twenty (20) years,Jack Bland, a retired Fire Chief has served successfully on the Board of Public Safety. Mr. Bland held Police Officers and Fire Fighters to a higher standard than the civilian members of the Board. Councilmember Kirsits stated that he remembered numerous times when the recommendation was 2-1 to fire the offending Firefighter or Police Office to relieve him/her of their job and the civilian members of the Board of Public Safety voted to keep that person on. The real problem has been the lack of taking Fire Fighters and Police Officers that are involved in misconduct directly to the Board of Public Safety and letting the chips fall where they may. Too many disciplinary actions have been done in house. A member of the Board of Public Safety that has a background in Public Safety is going to hold that Firefighter or Police Officer to a higher standard than a civilian member will. Councilmember Varner stated that when we talk about rights of individuals in segments of the community we have to talk about all the rights. Police Officers and Firefighters are entitled to have someone sitting on that Board particularly, since it handles disciplinary procedure and because it handles hiring and firing. The views of this person 9 REGULAR MEETING NOVEMBER 22, 2004 sitting on the board would be sworn to look out for the best interest of the Community. Any information that is put out there by a Police Officer or Firefighter's Attorney or Union representing them would be considered biased. Councilmember Varner stated that he believes that you have to have one person on that Board who understands what happens and what transpires on a day-to-day basis. Councilmember Varner indicated that Bill 70-04 does not put any undo burden on the appointment process and is fair to all people that are involved on both sides. Councilmember Pfeifer stated that a lot has been said here this evening. Clearly all side have very strong feelings. Councilmember Pfeifer stated that there are some unrealistic expectations of these appointees. We are making an assumption that a public safety officer will offer more fairness,you can look at all careers and there are those that are harder on their members and there are those in certain careers that are easier on their members, it can go both ways. The Board of Public Safety is clearly going to be a five member board that is definite. We need to make sure that the members of the board have as much information as possible, and are intelligent, educated and have knowledge to make fair decisions period. Fairness and consistency is what we need. Councilmember Pfeifer stated that she is not in favor of making a permanent appointment, that is inflexible, and does not taking into consideration how our community will change. This bill gives the appearance that we are not being respectful of the conditions in our community and perception is reality and we have to be very conscious of that. We need to make sure that we have five (5) of the best people we can get. Councilmember Pfeifer stated that she would not support this bill. Councilmember Dieter stated that this is a difficult issue and it is hard for the Mayor to pick and find the right people who want to serve on the Board of Public Safety. However, whatever job you might have be it a teacher, lawyer, or nurse your review board is a group of your peers, especially in the medical field or the legal system and this bill is trying to do just that. Bill No. 70-04 is asking that just one member of the five (5)- member board to have some knowledge or background in the public safety field. The majority of the Board will be civilian and this one person would just give another voice to the other four members. Councilmember Dieter stated that he is in favor of this bill and that it is advantageous to the City of South Bend. The safety of all the residents of the City of South Bend is what is at hand here. Councilmember Kuspa stated that he has received numerous phone calls on this issue. The phone calls were not about the five (5)-member board but having a firefighter or police officer on the board. Councilmember Kuspa stated that originally he was going to approve this bill, however, after hearing the issues he is not in favor of this bill. Councilmember Kelly made a motion for unfavorable recommendation to full Council concerning this bill as substituted. Councilmember White seconded the motion which carried by a vote of five (5) ayes and four(4) nays. BILL NO. 32-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 7 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BUDGET, SALARY, PURCHASING, APPROPRIATIONS AND FINANCIAL REPORTING PROCEDURES Councilmember White made a motion to hear the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter, Chairperson,Personnel &Finance Committee reported that this committee held a meeting this afternoon and voted to send this bill to the full Council with a favorable recommendation. 10 REGULAR MEETING NOVEMBER 22, 2004 Councilmember Varner, Chairperson, Public Works and Property Vacation Committee reported that this committee held a meeting this afternoon and it was a split decision of the Council and by a vote of President White it was a 3-2 vote to send this bill to the full Council with an unfavorable recommendation. Councilmember Varner, 1306 Clayton Drive, South Bend, Indiana, made the presentation for this bill. Councilmember Varner advised that Bill No. 32-04 has been the subject of discussion for about six months. During that six-month period since this bill has been introduced there have been considerations of administrative input, administration input, and public input. The bill has been modified, it has been streamlined that seems to be the popular word. This bill may well have some flaws but it comes here today as a model of what a number of other communities have done that has made their process better. Councilmember Varner stated that the Council meetings begin with a prayer, with a pledge and with a promise to help build a 21st Century City. Many of the things that have been accomplished in the nine years that he has been on he Council have gone a long way to building that 21st Century City. However, it is increasingly difficult to build that 21st Century City when we act with 20th Century access, accountability, and oversight standards. In fact it was 24 years ago in 1980, when the South Bend Council last visited these standards. Please remember the words access, accountability and oversight that is what Bill 32-04 is really all about. Bill 32-04 helps to provide access to information, access to which we hope is timely and must be clearly understood, and if not clearly understood it would provide a public platform where it can be explained publicly. We have been told that on a number of occasions that the statutes do not require professional service contracts to be bid. Bill 32-04 provides some oversight when there are some large dollar expenditures over$100,000 so that the public can look at what is involved. Bill 32-04 accomplishes these goals by requiring some type of reporting, it standardizes some reporting format such as the tracking sheet that is proposed and some scheduling and it adds some requirement of Council approval of expenditures exceeding$100,000 a year. There is in fact is no burden; however some might suggest that there is placed upon anyone who requests public dollars. If you request the dollars however, be prepared for some reasonable amount of public disclosure as part of the review and approval process. As the process now exists, we as Councilmember's are expected to appropriate nearly all of the funds in this case for 2005, $165,000,000.00 following a thirty to forty-five day budget hearing and review and from that point on we are expected to exercise no oversight over the expenditures. From that point on, the current process exists that the Mayor, the Board of Public Works and various non-elected members of boards, such as Century Center, Football Hall of Fame, Morris, Palais make spending decisions and spend public dollars, elect contracts, for all practical purpose no public oversight, yes they do advertise their meetings, yes these boards meet the letter of the law with the regard to public disclosure. The question is do they really meet the intent of the law. Such provisions as the 9:30 a.m. Monday morning Board of Public Works meeting is • certainly convenient for the Board, but is it convenient for the public? This is a brief summary of the intent of Bill 32-04, many folks have spent long hours compiling this, reviewing it, listening to the public and looking for ways to improve it and make it better. We have looked for standards in oversight in other communities and they exist. The questions before us tonight is can we really expect to build a 21st Century City when we utilize these 20th Century standards. Councilmember Varner stated that he would certainly be happy to answer any questions, and seeks favorable support of this bill. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kareema Alamin, 1122 W. Jefferson, South Bend, Indiana, spoke in favor of this bill. Ms. Alamin stated that she has been reading about this bill for the past six months and that she is totally in favor of this bill. She believes that any procedure or process that empowers the Council as elected officials that act in a fiduciary capacity and represent the public that voted you into office should be supported. Ms. Alamin stated the reporting procedures that this bill is requesting are minimal compared to other reporting procedures from other municipalities. This bill is prudent and especially in the climate that we have in our country right now, when our elected officials are being brought into 11 REGULAR MEETING NOVEMBER 22, 2004 the public eye by not maybe being open, as they should. Any bill that gives transparency should be supported along with accountability should further be supported. Ms. Alamin stated that she would be shocked if the Council would not be in support of this bill. Ms. Alamin requested the Council's favorable approval of Bill No. 32-04. Mr. Bill Carnegie, 114 N. Hawthorne, South Bend, Indiana, President and CEO, Northern Indiana Food Bank, 702 S. Chapin Street, South Bend, Indiana spoke in favor of this bill. Mr. Carnegie stated that on November 18, 2004 he voiced his opposition to this bill. Specifically in regard to that portion that applies to reporting for non-profit organizations. At the conclusion of that meeting, he changed his mind, due to the re-writing of that section that only pertains to non-profit organizations. Mr. Carnegie stated that he is only speaking on that section of the bill that applies to non-profit organizations. He stated that the reporting requirements that are addressed in this bill are no different from any of the others that he submits grant for on a regular basis. This bill is not going to create any undue burden on non-profit organizations. In Ft. Wayne and Ann Arbor, they have similar Ordinances like Bill 32-04 and they have no ill effects from it either. Mr. Carnegie urged the Council support of this bill. Mr. Don Schefmeyer, 300 S. St.Louis Blvd., South Bend, Indiana spoke in favor of this bill. Mr. Schefmeyer stated that as a developer and mortgage banker he has a negative reaction to any regulation concerning bureaucracy. The proposed ordinance has been characterized as adding another layer of bureaucracy in being anti-business. Mr. Schefmeyer stated that he has read the ordinance very carefully and the revised ordinance and he begs to differ with that. There is a big difference between adding another layer of bureaucracy and reallocating bureaucratic resources to better oversee expenditures and make them more transparent. The recent hullabaloo on the recent spending procedures at the College Football Hall of Fame and the red ink bled by the Summer in the City Festival not to mention the incomprehensible decision by the County on leaf pick-up are any indication of the poor strategies employed at various government levels, we desperately need additional oversight. The power to make budgetary decisions involving City purchases and contracts over$100,000.00 is now approved by the Board of Public Works who are appointed by the Mayor. This along with the Mayor's ability to appoint Department Heads stacks the deck. We do not have transparency we have opaqueness. Will all due respect to the Board of Public Works and his Honor the Mayor, a little more oversight by the Council might just force a little more competitive bidding on City contracts and it might even keep the amount previously approved by the Council within their original boundaries. With respect to the reporting procedures for the non-for-profit organizations, it hardly seems like an undue burden to require the submission of a tax return or to ask to see the members of their boards for those entities, which receive at least $100,000.00 of their funding. Given that not-for-profits generally do not pay real estate tax or income taxes, is it unreasonable to require them to be a little more transparent. The continued expansions of Madison Center along prime river frontage, the Center for the Homeless along a prime entryway to the City and the new expansion of the Hope Rescue Mission across from Gates Chevrolet are a testament to these organizations resources. If only the private sector could boast the same. There are similar ordinances that have been enacted in Ft. Wayne, Indianapolis, Bloomington and Ann Arbor. Business people in South Bend and people who live is South Bend have a fear that the City if beginning to devolve. The main reason is the numbers of not-for-profits are serving not only our community but also communities in other counties and counties across the state line and other far-fetched communities. Like all Americans we have civil rights but the other side of civil rights is responsibility and when not-for-profits don't pay taxes and they get dollars from the public wheel or allocations from tax resources from the public wheel they need to take a little more responsibility as to what happens to the folks that they are taking care of. Mr. Schefmeyer stated that transparency is greatly in order from non-for-profits. Mr. Jerry Ivacic, 2239 Topswood Lane, South Bend, Indiana, spoke in favor of this bill. 12 REGULAR MEETING NOVEMBER 22,2004 Mr. Ivacic advised that the people of South Bend have asked the Council to be guardians of the citizens of South Bend's tax dollars. The shepard's of our duly collected monies that should be used in a prudent and frugal way. Why not shine light on issues that affect our pocketbooks. Jim Cierzniak, 1156 E. Victoria Street, South Bend, Indiana, spoke in favor of this bill. Mr. Cierzniak stated that he is in favor of Bill 32-04. This bill is long overdue and we have labored under a government in which decisions were made behind the scenes for too long. Tonight is the opportunity to change that, the Mayor is probably going to get up a second time to oppose something that the Council has proposed. Mr. Cierzniak stated that he has never seen that before, he further noted that it is as if he is present at the creation and it is a good feeling. The arguments that have been made tonight are right to the point and brilliant in the analysis of what Bill 32-04 is all about. Mr. Cierzniak urged the Council's favorable recommendation and offered to those that might vote against it what are you trying to hide by your vote? Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana spoke in favor of this bill. Ms. Kopala advised that she is a big advocate of access to public records. She believes that this bill would allow for the ease of obtaining access to public information. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mayor Stephen Luecke, 1400 County-City Building, South Bend, Indiana spoke opposed to the bill. Mayor Luecke stated that Bill 32-04 is unnecessary and makes government less efficient. We can continue to build a 21st Century City without the provisions of this bill. Bill 32- 04 is three different sections: (1)Budgeting—specific budgeting procedure that reflects much of what we are doing right now. Mayor Luecke stated that he could appreciate the recognition that we are trying to present good information to the Council during the City's budgeting processes. However, we have developed this system organically over a period; it is a give and take between the Council and the Administration. The Council tells the Administration what information they are seeking and they tailor the budget presentations to better provide the information that is being asked. Once you start coatifying it, the flexibility is taken away; you tie your hands as well as our hands. (2) Cost Benefit Analysis—is undefined in this bill. This requirement could require adding two—three staff positions. In the Capital Budget alone, there are over two hundred items that are greater that$100,000.00. In addition, to do a cost benefit analysis on each of those would certainly put additional strain on staff. The administration presents both programs and changes in the way that we are doing business and provide a rational to the Council. For example, when we changed our street sweepers and we asked the Council for the dollars to buy a new type of street sweepers, we told you that by buying this type of street sweeper it would free up personnel and allow them to work in other positions. Even though this was not a formal cost benefit analysis that was done, we certainly present to you the rational and talked about the savings of the improvement that we expect to come from that change. Mayor Luecke advised that they will continue to do that. (3) The bill reflects on Not-for-Profits, there are some concerns about the added requirements. This section is unnecessary and unclear. The Community Development Staff does a thorough review and qualification process of Not-for-Profits receiving funds through CDBG and during the Capital Improvement Program. Some of those not-for- profits are Memorial Hospital, St. Joe Med Center and Madison Center. (4) Contracting —The Board of Works bids all contracts for construction and equipment. There have been a few occasion when we have taken advantage of state bids to get the best price and once we signed on with a low bidder through a federal bid program. So in this case, we were taking advantage of bids that were already bid. Any municipality in the State can take advantage of the low bid generated through these programs. We do not bid professional services nor does State Law require that. We do seek the best qualified firm or individual to do the work. In many ways it would be as if you were seeking a doctor 13 REGULAR MEETING NOVEMBER 22,2004 to do heart surgery, you would not necessarily want to take the low bidder on that job, you would want to find someone who could provide the best value for your dollars. The dual approval process that is contemplated by this ordinance does add time and inefficiency. The representative from Ft. Wayne stated that they are even pre-approving many contracts. He further reported that with thirty (30) years on the Council he could only remember two (2) times that they had difficulty with the contracts being brought before them. The State Board of Accounts reviews all of our contracts through the Board of Works, and we continue to get clean audits in this regard. Bill 32-04 has no provision for emergency contracts that would need to be met. Such as if, a water main was broken and repairs that need to be made that you would hire a single source provider of that service to get them out on the job. In conclusion, we do want to provide the Council with the information that you need to make proper decisions, we are proud of our fiscal record; we are a leader in presentation of financial information. For nine years we have received the distinguished budget presentation award from the Government Finance Officers Association, we are the only City in Indiana to receive it, not Ft. Wayne, not Bloomington, not even Indianapolis have received it. South Bend is one of the first three (3) cities to convert to a financial statement presentation under Gasby 34 and we received an award for that. Our boards and commissions take their jobs seriously and do them well. If more information on contracts is desired, Mayor Luecke proposed that we use our monthly Council/Department Head Meetings as a time that at which we can provide updates and answer your questions about what is going on. Mayor Luecke asked the Council to vote against this bill because it is unnecessary and does make government less efficient. Isabel Gonzalez, 232 S. Holiday, South Bend, Indiana spoke in opposition to this bill. Ms. Gonzalez thanked the Council for all their time that they have taken in preparing this bill. However, this bill is unnecessary; the City of South Bend has systems in place to provide this information. The systems may need to be enhanced and updated. Ms. Gonzalez stated that sufficient information has been provided in the past and is currently still being provided. Ms. Gonzalez asked the Council to vote against this bill. Charles Leone, City Attorney, 1400 County-City Building, South Bend, Indiana, spoke in opposition to this bill. Mr. Leone advised that he would like to address a couple of legal issues that have come up with respect to this bill. Those legal issues arise over the separation of powers and the responsibility of the executive branch of government (the Mayor) and the responsibility of the legislative branch of government (the Council). The role of the executive branch is to operate and run the organization. The role of the legislative branch is fiscal oversight with respect to setting the overall limits of spending,but also adopting the rules such as ordinances that govern with relationship of the government to its citizens. There was some discussion this afternoon with respect to legal issues. The City of Hammond passed an ordinance that required development agreements between the Hammond River Boat Licensee and the City of Hammond to be approved and authorized by Ordinance of the Hammond City Council. A Superior Court agreed that that ordinance was okay, but the Indiana Court of Appeals ruled no, that the Council could not do that. The court ruled that this is not an appropriate role for the Hammond City Council. On that basis, the Ordinance was struck down. The administration believes that the Courts have spoken on this issue and the powers of the various branches of government are separate and the contracting power really is a power of the executive branch of government. Regarding not-for-profit organizations, there may be a constitutional issue that arises, again these are not things that are known with respect to this bill, but they raise concerns that we need to address and pay attention to. This bill requires certain reporting requirements for non- profit-organizations who do business with the City; and for-profit-organization do not have to go through that same process. The bill puts a greater burden on not-for-profit organizations. When that distinction is made there seems to be a showing of some sort of a problem or some sort of an abuse that is created by not-for-profit-organizations that requires additional regulation. Because of that distinction, it raises constitutional questions. We don't know what will happen if this ordinance is challenged, but what is does because it attempts to shift in a major way certain responsibilities from the Executive Branch to the Legislative Branch there will be all kinds of complications, not 14 REGULAR MEETING NOVEMBER 22,2004 only in the issuance of emergency contracting but also various issue as they come along. When the Council acts in an Administrative capacity as opposed to a Legislative capacity, it loses its immunity, there is effectively absolute immunity for Legislation that is passed by the Council. When the Council steps out of that role and approves or disapproves individual contracts, they are no longer acting legislatively and therefore the immunity that comes with legislative action disappears. Mr. Leone asked the Council not to pass this bill. Mr. Carl Bossung, 61450 Myrtle, South Bend, Indiana, spoke opposed to this bill. Mr. Bossung advised that he is a partner in Crowe Group, which is the holding company for Crowe, Chizek& Company LLC., Chairman of the Board, St. Joseph County Chamber of Commmerce. Mr. Bossung stated that he Chamber represents 1,177 businesses in St. Joseph County from small business to large business, a very broad spectrum. The Chamber believes this bill creates unnecessary bureaucracy in the terms of the expansion of business and the attraction of business to our community. Mr. Bossung stated that the Chamber is in the process of completing a strategic plan to create more jobs for the community. In doing this the Chamber believes that we need to change the environment and create it to foster more innovation,more risk taking for the community as a whole. The Chamber believes that this bill creates another layer of bureaucracy to government. Mr. Bossung asked the Council to vote against Bill No. 32- 04 Mr. Phil St. Clair, Superintendent, South Bend Park Department, 321 E. Walter St., South Bend, Indiana spoke opposed to this bill. Mr. St. Clair stated that he believes in scrutiny and open communication. The way that the City is currently structured allows that opportunity. As far as the Parks and Recreation Department goes, we have a public meeting every month and our meetings are attending by members of the public and reporters. We open the meeting with our bids for that meeting. Everything we open in a bid is public information, prior to the bidding, we spend a great deal of time internally working on our operating and capital budgets, we then share that information with the Council. Mr. St. Clair further stated that he believes that it is not anyone's integrity that is in question here, but just a communication problem. There are certainly other options to look at in terms of communicating with department heads and City Administration. Mr. St. Clair urged the Council to look at other options in improving communications and ask the Council to vote against this bill. Ms. Sharon Kendall, Executive Director, Community&Economic Development, 1200 County-City Building, South Bend, Indiana, spoke opposed to this bill. Ms. Kendall advised that Bill 32-04 creates undue burden on already strapped City resources, time and personnel. It creates additional layers of bureaucracy that will slow the processes that the Department of Community &Economic Development and the public must go through to effect economic and community development projects that enhance the quality of life of our citizens. Ms. Kendall further advised that we should be looking at ways to streamline processes. There are 240 not-for-profit organizations that do business with the Community&Economic Development Department that could have the potential to be affected some way by this bill. Bill 32-04 will not lead to greater efficiencies just the opposite, its micromanaging, creates timing issues and adds layers to processes that the public already finds cumbersome and could negatively impact projects by creating delays and project negotiations and approval. If more information is needed, Ms. Kendall suggested expanded dialogue and working more closely with departments. She further stated that Bill 32-04 is not the vehicle for achieving that. Mr. Matthew Kahn, 100 N. Michigan, South Bend, Indiana, spoke opposed to this bill. Mr. Kahn stated that he is a former Commissioner with the South Bend Redevelopment Commission. Mr. Kahn stated that he has heard of the lack of transparency to public records. As a member of the South Bend Redevelopment Commission, their meetings are held on the 1St and 3rd Fridays of every month and certainly everything that was on that agenda was published 2 weeks prior to that meeting and was readily available to 15 REGULAR MEETING NOVEMBER 22,2004 anyone who wanted to review those records. Mr. Kahn stated that he chairs another entity called Downtown South Bend, Inc., which is a public and private partnership that has been created with interest in the downtown area for the revitalization and development enhancement of Downtown South Bend. The main issue that we have faced is that people perceive that there already is bureaucracy in government and this makes it difficult to get new businesses in the downtown area. Mr. Kahn further advised that government needs to be streamlined and more efficient and Bill 32-04 just adds another layer to the process that is unnecessary. Ms. Sharon Hawkins, 5026 Blackford, South Bend, Indiana, spoke opposed to this bill. Ms. Hawkins stated that she is currently a member of the Board of Trustees of First AME Zion Church, South Bend, Indiana. Ms. Hawkins stated that the church supports the City Administration's view on Bill 32-04. She believes that this bill would create an undue hardship on the not-for-profit organizations. Our Board of Trustees is voluntary and it is hard to get members to fill the trustee positions, and with Bill 32-04 in place it would make it even harder because it creates more undue hardship on the board. Ms. Hawkins encourage the Council to vote in opposition to this bill. Mr. Pat McMahon, Executive Director, Project Future, 401 E. Colfax Avenue, South Bend, Indiana, 1805 Bader Avenue, South Bend, Indiana, spoke opposed to this bill. Mr. McMahon advised that he shares the same concerns that Ms. Kendall stated earlier. He stated that any time a municipality puts a process in place that creates the need for more people; more processes or more votes involved in the negotiating process, one finds themselves non-competitive with other communities who can do it more quickly. Mr. McMahon advised the Council not to restrict the administrative power of their executive branch of government. Bill 32-04 makes the City of South Bend less competitive out there in situations in which we fight everyday to be as competitive as we can be in the development process. Councilmember Coleman, Chairperson Committee of the Whole stated that time would only allow for one more people to speak in opposition to the bill. Mr. Timothy Rouse, 605 Cherry Tree Lane, South Bend, Indiana, spoke opposed to the bill. Mr. Rouse thanked Dr. Varner and Councilmember Dieter for their tenacity and vigilance in trying to create a City that is effective and efficient. However, cooperation is the key to making things work. Mr. Rouse encouraged the Council not to add another layer to already burdened system of bureaucracy. In rebuttal, Councilmember Varner stated that we are not going to control expenses in the City of South Bend until we provide some more oversight. As for the burden that is going to be created for the not-for-profit organizations, I would restate that if you do not want the money, if you don't need the money then don't ask for it. A little bit of regulatory oversight, a little bit of public process and public disclosure is a small price to pay for$100,000.00, which is the threshold upon which we have set. If you are a not-for- profit that isn't asking the City for money, you won't have any reporting requirements. He stated that you still have the responsibility to disclosure the Form 990 to anyone who asks for it. That is the agreement you make with the Federal Government you make when you accept 501C status. Bill 32-04 does not add a layer of burden to the not-for- profits, we are simply asking you to make a copy of that Form 990 and provided it to the City. Councilmember Varner further stated to sum up part of the discussion that the administration likes the status quo, and we don't blame them, we all like the status quo. But every now and then in order to make progress we have to make some changes. If a board member is offended of any organization that someone wants to take a look at there major expenditures, they need to take a step back and take a look at themselves and say what are we really doing here. Its like you would want an oversight committee, you would want a second look, you would want someone else out there to reaffirm that you made the right decision and collectively you come to a better decision. There is nothing in this ordinance that's meant to be punitive, no unkind words have been used against 16 REGULAR MEETING NOVEMBER 22,2004 anyone or any process, I've tried to formulate a method whereby we have standardized Y Yp � Y some processes. As earlier mentioned that if you want any information all you need to do is ask for it. It was stated earlier that there aren't any abuses that we were aware of, yes there are. Three years ago at a public meeting here in the Council Chambers, Mr. McMahon was asked if he would submit a copy of his 501C3. Mr. McMahon replied that anyone could come down to his office and he would show them a copy. Dr. Varner stated that he had spent two years, sending letters prepared by the Council attorney on Council letterhead, asking the National Football Foundation, a proposed recipient of $890,000.00 of City of South Bend Funds for copies of the 501C3. He stated that he received a letter back from them stating that that information is private. Dr. Varner stated that he is not asking to incur a burden, but just asking to join with him and other Councilmember's in making the process public. When you spend public dollars as precious as they are, that public oversight ensures the fact that people have more knowledge and more people can weigh in and in fact, you will have a better decision. The strongest argument tonight is that the bill is just unnecessary. That's a pretty weak argument, Councilmember Varner pointed out that no one said that it's illegal, and the reason that it is not illegal is because other cities have various parts of this bill. They have exercised their right to oversight. Home Rule a state statute, says that the City Council is responsible for finances, but the administration wants us to hand off$165 million dollars after budget hearings and never look at it again. Copies of Forms 501C3 or 50106 should be made readily available to the Council; we should not have to go looking for them. It should be provided as a matter of record, so if the public wants to see it it is on file in the City Clerk's Office. We need to take the action to see that this information is made public and easily accessible. Councilmember Varner stated that the Mayor said that this bill would make the budget process inflexible, we have made enough changes in ordinances and resolutions during the time that he has been on the Council, if it proves to be inflexible, we can change it. The other Councilmember's are willing to do what every it takes to make this a flexible bill and make it work. Simply summary, the administration hates it, but it you ask around, the public supports its. We are here to represent the public that is our sworn responsibility. There will be difficulties along the way; there will be some procedures and processes that will have to be refined. Councilmember Varner thanked everyone for their input and commented that the best solutions are made when everyone has a chance to participate. This may not be the best solution, but it is a start, and South Bend needs it. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Puzzello, seconded the motion, the motion failed by a voice vote of 4 ayes, 5 nays. Councilmember White made a motion for unfavorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of 5 ayes and 4 nays. Councilmember Dieter called for a roll call vote. Councilmember Coleman, Chairperson, Committee of the Whole, advised Councilmember Dieter that time had expired to call for the vote and that it is the Chairman's prerogative to determine the outcome of the vote. Dr. Varner stated that it is the Council's prerogative to ask for a roll call vote. Additionally, Councilmember Coleman stated that he thinks he heard more of a majority of aye votes on the second motion to send the bill to the Council unfavorable. BILL NO. 77-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $658,334 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. 17 1 REGULAR MEETING NOVEMBER 22, 2004 Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Beth Leonard, Director, Financial &Program Management, Community&Economic Development 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Elizabeth Leonard, Director,Financial &Program Management, Community & Economic Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard stated that this bill would allow for the efficient and timely utilization of Community Development Block Grant Funds in accordance with the Community's Housing & Community Development Plan. Ms. Leonard stated that the reason for the substitute bill is to include funding for the Ark Angels (Grace Community Center.) Ms. Leonard further advised that while Grace Community Center has been funded for several years through the Community Development Block Grant Program, Ark Angels is a relatively new organization and we had questions regarding their program and capacity to carry out the financial responsibilities of CDBG funding. During the public comment period Ark Angels requested reconsideration of funding of 2005 program and submitted additional information regarding their program and financial capabilities that satisfied our concerns. 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 Kuspa 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 nine (9) ayes. BILL NO. 83-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING$655,267 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT Councilmember Kelly, Chairperson, Community and Economic Development Committee reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Andy Laurent, Economic Development Specialist, Community&Economic Development, 1200 County-City Building, South Bend,Indiana made the presentation for this bill. Mr. Laurent advised that this bill would allow for the appropriation of$655,267,plus the interest earned thereon, which is tax incremental revenue from the City of South Bend Studebaker/Oliver Community Revitalization Enhancement District. These funds will be used to implement the Studebaker/Oliver Redevelopment Strategy. Mr. Laurent stated that this sum represents the state tax increment income from the CRED designated in the Studebaker/Oliver Redevelopment Project Area. These revenues are for the state fiscal years 2002, 2003, 2004. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 18 REGULAR MEETING NOVEMBER 22,2004 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 as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: � - J• oorde, City Clerk Sean Coleman, 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 9:34 p.m. President Karen White presided with nine (9) members present. BILLS, THIRD READING ORDINANCE NO. 9551-04 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE EAST SIDE OF CHAPIN STREET NORTH OF SAMPLE STREET TO UNITED DRIVE AND APPROXIMATELY 720 FEET OF UNITED DRIVE RUNNING EAST FROM CHAPIN STREET This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried by a roll call vote of nine (9) ayes. BILL NO. 70-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF REVISED SECTION 2-50 ENTITLED BOARD OF PUBLIC SAFETY AND NEW SECTION 2-50A ENTITLED BOARD OF PUBLIC WORKS This bill had third reading. Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion that this substitute bill be defeated. Councilmember Kelly seconded the motion 19 REGULAR MEETING NOVEMBER 22,2004 which carried by a roll call vote of five (5) ayes (Councilmember's Pfeifer, Kelly, Kuspa, Coleman, White) and four(4) nays (Councilmember's Dieter, Puzzello, Varner, Kirsits) BILL NO. 32-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 7 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BUDGET, SALARY, PURCHASING, APPROPRIATIONS AND FINANCIAL REPORTING PROCEDURES This bill had third reading. Councilmember Kelly made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion that this substitute bill be defeated. Councilmember Coleman seconded the motion which carried by a roll call vote of five (5) ayes (Councilmember's Pfeifer, Kelly, Kuspa, Coleman, White) and four(4) nays (Councilmember's Dieter, Puzzello, Varner, Kirsits) ORDINANCE NO. 9552-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING$658,334 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9553-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING$655,267 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND,FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3401-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SUPPORTING THE REDUCTION OF UTILITY DEPOSITS FOR LOW AND MIDDLE-INCOME RESIDENTS 20 REGULAR MEETING NOVEMBER 22,2004 WHEREAS, the South Bend Common Council has been advised that in 2004, approximately $3 million was paid for heating assistance alone in St. Joseph County, Indiana: and WHEREAS, the South Bend Common Council is aware that significant changes addressing deposits, disconnections, the filing of complaints, and other regulations are being proposed which will affect regard to gas, electric, telephone and sewer utilities; and WHEREAS, the Indiana Utilities Regulatory Commission (IURC) is proposing changes to the administrative rules on customer service rights and responsibilities and utility laws that may be beneficial to utility customers; and WHEREAS, the South Bend Common Council recognizes that utility deposits are almost impossible for many low-income and middle-income residents to pay and in such instances create hardships upon them as well as on the community service organizations which help to provide financial assistance; and WHEREAS, the Common Council believes that the proposal which would reduce utility deposits to the average of one (1) month of a yearly billing would be a fair and practical solution and therefore supports this measure in an attempt to lessen the hardship imposed upon all utility consumers; and WHEREAS, the Common Council does not support the use of predetermined credit scores based on a person's ability to pay utility bills in order to determine whether or not a deposit will be required. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. The Common Council of the City of South Bend, Indiana, urges the Indiana Utilities Regulatory Commission to adopt rules and regulations which will be fair and equitable to all concerned. SECTION II. The Common Council formally thanks the Indiana Utilities Regulatory Commission for agreeing to hold a public hearing in the Bendix Theater at the Century Center in downtown South Bend, so that it may hear the many concerns of the residents and utility customers. SECTION III. The Common Council encourages the Indiana Utilities Regulatory Commission to adopt rules and regulations that will significantly reduce or eliminate the resulting hardship resulting from the required utility deposits from utility customers and we therefore strongly encourage the IURC to adopt rules, which would establish utility deposits to be the average of one (1) month of a yearly billing. SECTION IV. The Common Council further encourages the IURC to adopt rules and regulations that continue to use credit worthiness and not credit scoring when determining whether a consumer would be required to pay a deposit. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/A1 `Buddy" Kirsits Member of the Common Council Attest: s/John Voorde, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the a day of ovl] i E' 2004, at /e. 50 o'clocka- .m. s/Janice Talboom 21 REGULAR MEETING NOVEMBER 22, 2004 Deputy City Clerk -'qo Approved and signed by me on the a-3ka day of/�ramb4.2004, at_o'clock�.m. s/Stephen J. Luecke, Mayor of the City of South • Bend Councilmember Kirsits, Chairperson, Utilities Committee reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. Councilmember Kirsits made the presentation for this bill. • Mr. Kirsits advised that this resolution is to be presented to the Indiana Utility Regulatory Commission (IURC) meeting at Century Center on Wednesday, December 1, at 6:00 p.m. The IURC will be holding a hearing for the first time in approximately 30 years in South Bend for the purpose of considering changes to laws which regulate utilities. Mr. Kirsits further noted that this resolution is similar to the one adopted by the Elkhart City Council. It supports one of the major findings of the St. Joseph County Seeking Self-Sufficiency Task Force, which has presented detailed information to the Council's Utilities Committee. The resolution asks that the utility to only require one (1) month's deposit, instead of four (4) months for customer service. The bill would also continue using a consumer's credit worthiness history instead of moving to a credit score system; which could be difficult for working low and middle-income families. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3402-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, APPLICATION FOR SECTION 108 LOAN FUNDS. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Section 108 funds available through the U.S. Department of Housing and Urban Development (HUD) NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit to HUD, the 2005 Section 108 Loan application under Title I of the Housing and Community Development Act of 1974, as amended, and to take all other necessary actions to secure these funds. SECTION II. That for every activity,project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Section 108 loan funds received upon approval of this application. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 22 REGULAR MEETING NOVEMBER 22, 2004 s/Karen L. White Member of the Common Council Councilmember Kelly, Chairperson, Community and 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. Ms. Beth Leonard, Director, Financial and Program Management, Community& Economic Development, 1200 County-City Building, South Bend, Indiana made the presentation for this bill. Ms. Leonard advised that this bill will allow the City of South Bend to submit an application for Section 108 loan funds to the United Stated Department of Housing and Urban Development to finance the Studebaker-Oliver Redevelopment project. This proposed funding was part of the Housing and Community Development Action Plan 2005 allocations. This Plan lists the projects and amounts for 2005. Ms. Leonard stated that this resolution is needed to give the Mayor permission to sign certifications for the Section 108 loan process. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS, FIRST READING BILL NO. 84-04 FIRST READING ON A BILL TO EXTEND DEADLINE FOR WATER LEAK INSURANCE FUND (#644)REPAYMENT OF LOAN RECEIVED FROM WATER WORKS GENERAL FUND (#620) This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on December 13, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 85-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING$40,100 OF INDIANA DEVELOPMENT FINANCE AUTHORITY GRANT FUNDS WITHIN FUND 210 FOR THE PURPOSE OF ENVIRONMENTAL INVESTIGATION OF PROPERTY LOCATED AT 700 SOUTH FRANKLIN STREET IN SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on December 13, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 86-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE DEPARTMENTS 23 !, REGULAR MEETING NOVEMBER 22,2004 WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 13, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 87-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITH THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2004 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 13, 2004. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 88-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND AMENDING CHAPTER 17, ARTICLE 4, SECTIONS 17-45 AND 17-46 OF THE SOUTH BEND MUNICIPAL CODE This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on January 10, 2005. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held November 16, 2004: Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set for Public Hearing and Third Reading on December 13, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ANNOUNCEMENT OF NEXT MEETING DATE Council President White advised that the next meeting of the Council will be held on Monday, December 13, 2004. 24 7 REGULAR MEETING NOVEMBER 22, 2004 ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 9:55 p.m. ATTEST: ATTEST:, a� ohn i orde, City Clerk Kar,n L. White, President • 25