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HomeMy WebLinkAbout12-08-14 Common Council Meeting MinutesREGULAR MEETING DECEMBER 08, 2014 1 Disclaimer: Undergoing technology updates experienced some loss of video & audio recording for dictation. Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday December 8, 2014 at 7:00 p.m. The meeting was called to order by Council President Oliver Davis and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Tim Scott 1st District Henry Davis, Jr. 2nd District Dr. Fred Ferlic 4th District Dr. David Varner 5th District Oliver J. Davis 6th District, President Derek Dieter At-Large, Vice President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole Absent: Valerie Schey 3rd District OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy Kareemah Fowler Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Karen White made a motion that the minutes of the November 24, 2014, meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS REPORTS OF CITY OFFICES UPDATE FROM THE LEGAL DEPARTMENT REGARDING THE BUSKING ORDINANCE – 2 MINUTES – NO QUESTION FROM ANY PARTIES. ALADEAN M. DEROSE City Attorney Aladean Derose read the report on Busking Ordinance. The report indicated that the Busking ordinance is still in the court and the proceedings are on hold until the end of December in US District Court. There will be a copy of the report made available to the clerk and all members of the council. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:08p.m. Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of nine (8) ayes. Councilmember Dieter, Chairperson, presiding. BILL NO. 58-14 PUBLIC HEARING ON A BILL TO AMEND THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1430 MISHAWAKA AVE. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING DECEMBER 08, 2014 2 Council Attorney Kathleen Cekanski-Farrand reported that the petitioner sent a notice to the office to continue bill 58-14 until the Council meeting on January 12, 2014, So moved by Councilmember Scott, motion Seconded by Councilmember Ferlic which carried by a voice vote of eight (8) ayes. BILL NO. 63-14 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND A CITY SERVICES OPERATION IN 2014 OF $600,000 FROM GENERAL FUND (#101), $45, 000 FROM ECONOMIC DEVELOPMENT STATE GRANT FUND (#210), $280,000 DEPARTMENT OF COMMUNITY INVESTMENT FUND (#212), $50,000 FROM HUMAN RIGHTS GRANT FUND (#258), $20,000 FROM HAZMAT FUND (3289), $3,184 FROM HALL OF FAME DEBT SERVICE IMPROVEMENT FUND (#407 AND $1,448,174 FROM EMPLOYEE BENEFITS FUND (#711) Councilmember Derek Dieter made a motion to combine this Bill No. 63-14 & 64-14. Councilmember Gavin Ferlic seconded the motion which carried by a voice of eight (8) ayes. BILL NO. 64 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $244,500 FROM SOLID WASTE FUND ( #610), $168,094 FROM SEWAGE CAPITAL FUND (#642), $6 FROM 2007 SEWER BONDS FUND ( #647), $200 FROM SEWAGE WORKS SINKING FUND ( #649), $2,221 FROM 2010 SEWER BOND FUND ( #658), AND ($19,100,000) FROM 2013 SEWER BOND FUND ( #663) Report from John Murphy, City Controller, – this is one of three (3) amendments to the city; largest portion will be for the civic health program. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Gavin Ferlic made a motion for favorable recommendation to full Council concerning this bill 63-14. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Gavin Ferlic made a motion for favorable recommendation to full Council concerning this bill 64-14. Councilmember Derek Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 65-14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 Councilmember Ferlic, member of Finance Committee, reported that this committee met this afternoon and there is a favorable recommendation. REGULAR MEETING DECEMBER 08, 2014 3 Presenter, John Murphy– City Controller 14th Fl. read report which indicated that these dollars are of personnel spending and costs per procedural rules. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Tim Scott made a motion for favorable recommendation to full Council concerning this bill. Councilmember Gavin Ferlic seconded the motion which carried by a voice of eight (8) ayes. BILL NO. 59-14 THIRD READING ON A BILL THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6-37.1 OF SOUTH BEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION Councilmember Karen White made a motion to amend as on file in the Office of the City Clerk. Councilmember David Varner seconded the motion which carried by a voice of eight (8) ayes. Presenter of this bill, Councilmember Tim Scott, reviewed fee increases to motivate vacant home owners. Councilmember Oliver Davis- Asked for cost study. Councilmember Tim Scott responded that increases were per recommendation of code enforcement. Councilmember Henry Davis- Explained dual purpose of cost study to check department efficiency in both Code & Billing. Councilmember Oliver Davis- Reiterates the need for cost study and asked that the vote be reset for two (2) weeks once cost study information is available. Councilmember David Varner- Explained the need for economic interests served by applying fees that identified landlords vs. corporations. No one from the public spoke in support of this bill. Wishing to speak to the Council in opposition of this bill: Jesse Davis- Property owner stated that if no one is paying the fifty (50) dollars or registering, raising the fee would not make sense. Noesha Casey-(Inaudible). Rebuttal- Councilmember Tim Scott reiterated that the city is losing money if it only charges fifty (50) dollars in fines. Councilmember Karen White- Asked Councilmember Tim Scott to continue his motion. Councilmember Tim Scott made a motion to continue bill until January 12th. Councilmember Oliver Davis seconded the motion, which carried by a voice vote of eight (8) ayes. BILL NO. 62-14 THIRD READING ON A BILL THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-9.1 ADDRESSING POLICIES AND PROCEDURES GOVERNING CITY-OWNED TECHNOLOGIES, FACEBOOK STANDARDS, SOCIAL MEDIA AND SOCIAL NETWORKING POLICIES AND PROCEDURES REGULAR MEETING DECEMBER 08, 2014 4 Councilmember Tim Scott, member of IT Committee, reported that this committee met this afternoon and voted to send the bill to the full Council with a favorable recommendation. Councilmember Tim Scott made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Gavin Ferlic seconded the motion, which carried by a voice vote of six (6) ayes and two (2) nays by Councilmember Henry Davis and Councilmember Oliver Davis. Presenter of this bill, Councilmember Tim Scott explained that this bill applies to Twitter, Facebook, and blogs—forty-eight (48) of seventy-five (75) of which have no policies, twenty (20) of which have a municipal code, and five (5) use the City Employee Handbook. Within Indiana, data primarily comes from Federal, Seattle, and other sources outside Indiana. Poly applies to page created with common Council-related titles in the title. Presenter of this bill, Councilmember Gavin Ferlic advised as an HR Director about national trend toward social media policy. Councilmember Karen White- Asked if there are any possible issues related to freedom of speech, when the effective date will be, and if there will be training for council people compliance. Councilmember Ferlic- Stated that 1st Amendment is already limited, and that this fits with the notion that you can't yell “fire” in a crowded theater. Councilmember Scott- Stated that roll out would be on February 2nd with training in addition to Do's & Don'ts. Councilmember Oliver Davis- States that the process began in 2009. Clarifies that he has not sought recommendations but instead was forwarded these from the ACLU. Asks why this is a council instead of city-wide issue. Councilmember Tim Scott- States that he wanted to apply it to the council because it is an independent body. Councilmember Oliver Davis- Advises at length that this ordinance was too quickly drafted. Councilmember Henry Davis- Advises that there are two (2) other 1st Amendment-related law suits against the city and that now is not the best time to introduce another piece of legislation that looks like it could also raise 1st Amendment questions. Councilmember Gavin Ferlic- Remarked that only a council member could find legal standing for a suit. Councilmember Henry Davis- Inquired as to how much that would cost. Wishing to speak to the Council in favor of this bill: Dawn (Last name inaudible) - 1020 Clover St. thanks the IT Committee. Advises that as an elected official should be held accountable. If there is no desire for accountability, another line of work should be found. Jerry Niezgodski- 2930 Bond St. asks for favorable passage of the bill. He said that states do this to give accountability back to the citizens. Wishing to speak to the Council in opposition of this bill: (Inaudible citizen name)- 2671 Fredrickson Ct. advises city-wide implementation. As a police officer, he has seen the department use personal social media as a way of condemning officers. The citizen advocates for a separation between personal and city-controlled or -reviewed accounts. Jessie Davis- Thinks language is vague. There are other city employees who are waiting for relief from a city-wide bill, not just a common council. Thinks it a waste of tax dollars, and advises that Councilmember Gavin Ferlic may not have as much legal expertise as the ACLU attorney who has threatened to sue if ordinance is passed. REGULAR MEETING DECEMBER 08, 2014 5 (Inaudible citizen name)- 1902 N. Fremont thinks there are more important issues than Facebook. Thinks this is petty and childish. Cameron Teague- 1107 Dearborn Ave. asserts that this bill violates freedom of speech and freedom of press. David Guthrie- Says that if a person votes no, they are still subject to a rule that they have not agreed to, which restricts free speech or individual rights. Advises the voters get to choose on election days. Recommends making the ordinance a suggestion. Keith Deshrock- 750 Island View Dr., Indiana social media expert, recommends guidelines instead of laws, similar to social media giants like Notre Dame. Advises that this may be infringement on free speech. Joseph Shabazz- 127 Marion St. advises that people should be allowed to say what they want to say. Rebuttal- Councilmember Gavin Ferlic states that the ordinance only applies if you would like to set up a page on behalf of the city council or if you would like to participate in the city council page. Councilmember Fred Ferlic- Spoke with two (2) constitutional lawyers, one in-state and the other out-of-state. No law is fool-proof and this one is not either. Councilmember David Varner- When I was elected nineteen (19) years ago, I knew my actions would represent the city, so I behave myself. The current proposal is only if you want to represent the council on social media. Councilmember Oliver Davis- Because Dr. Varner has no Facebook, his opinion on this matter has less validity. I delayed to make the policy right. ACLU came this summer and gave a seminar on issues like these and I was the only council member who went. I stood for Henry Davis because it was the law and I respect the law. Councilmember David Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of six (6) ayes and (2) nays by Councilmember Henry Davis and Councilmember Oliver Davis. RESOLUTIONS RESOLUTION NO. 14 -109 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4946 STERN LINE COURT, 5004 STERN LINE COURT, AND 4919 BOW LINE COURT AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE - YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. REGULAR MEETING DECEMBER 08, 2014 6 REGULAR MEETING DECEMBER 08, 2014 7 REGULAR MEETING DECEMBER 08, 2014 8 REGULAR MEETING DECEMBER 08, 2014 9 REGULAR MEETING DECEMBER 08, 2014 10 Presenter Steve Cooreman, Irish Realty, gave a presentation. A Public Hearing was held on the Resolution at this time. Councilmember Henry Davis- Asks how many times a person can ask for a 5-year tax abatement. Councilmember Gavin Ferlic- No limit. Councilmember David Varner- As long as they haven't sold. Joseph Shabazz- 127 Marion St. advises the council of the community clause to ensure those who get abatement contract with local businesses as stipulation of the abatement. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Gavin Ferlic made a motion to adopt this bill. Councilmember Derek Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 14 -110 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE WEST SIDE MAIN STREETS PLAN REGULAR MEETING DECEMBER 08, 2014 11 REGULAR MEETING DECEMBER 08, 2014 12 REGULAR MEETING DECEMBER 08, 2014 13 Presenter- Michael Davita, Area Planner for the City of South Bend, Community Investments, and Area Plan Commission sends this bill to the full Council with a favorable recommendation. This Resolution is to allow the use of tax dollars for this project, the revitalization project of the Lincoln Way and Western corridor. The plan is to add office and retail space on the West Side. Councilmember Henry Davis- Advises that the plan will undo all work and progress made to revitalize the neighborhood to this point. Inquires how the plan to change those streets assists, or does not harm the business owners and their customers. Michael Davita- The proposed street configuration would alleviate more traffic than these streets currently do, as well as provide parking for the business owners. Councilmember Henry Davis- Mishawaka went in a different direction from this proposal and has been winning big. This will be ruinous for the West Side, I am not supporting this. A Public Hearing was held on the Resolution at this time. Cecil Eastman- 57112 Peachstone Dr., states, best part is that it is limited to three (3) lanes. It makes the traffic steady and calm. Kroc Center traffic pattern is better than the one in front of Harrison School. Jerry Niezgodski- 2935 Bonds Ave. states, Lincoln Way West is not a trucking route however it is being used like one. With this change in the corridor, maybe police will be able to assist. The administration has been transparent, the plan has not been set in stone, and the citizen recommends this resolution be adopted. Juan Hernandez- 811 Doner Dr. States, the October 17th and October 18th Red Rock Event was held by Western corridor business owners to create retail and cultural activities to encourage long term investment in the Western corridor. Western businesses are excited about the potential for redevelopment. Chicago investment indicated interest in the area if the corridor is revitalized. Area Planning Commission also met and sent over a favorable recommendation. Paul G., President of South Bend Association of Realtors- 402 E. South St. states, cities are about people not cars or traffic. Corridor study tries to rebalance the car and pedestrian usage of the area. In other areas with the redevelopment plan people came back to use the area on bike, walking, and visiting shops, and there was a sense of vitality for the area. Mr. Gjemre thinks the corridor project could do the same for the Western and Lincoln Way corridor. Kathy Suit, Northwest Neighborhood Association board member- states, the resident was part of the Northwest Neighborhood redevelopment from start to finish. The corridor project has Ms. Suit's full support. People asked to make the area safer for pedestrians, not for a faster route for cars. Wishing to speak to the Council in opposition of this bill: Noesha Casey- 1902 Freemont St. has been a resident of the Lincoln Way for thirty-two (32) years. Noesha worked at Dairy Queen on Western Ave and a Lincoln Way location, and advises one (1) lane of traffic would reduce the number of customer, putting homes in the recreational or green spaces, renovating the homes in those areas, (inaudible). Cameron Teague- 1107 Dearborn Ave. states, on Mishawaka Ave., the area with one (1) or two (2) lanes of traffic, I have seen five (5) or six (6) accidents just during this winter. Advises Lincoln Way and Western Ave. are both meant for wider traffic flow. In addition, Mishawaka is easier to navigate because of less congestion on the road. If the current design stands, there will be fewer fatalities. Henry Davis, Sr. - 215 N. Sheridan St. States, a certain segment of the society has not been asked what they would like to see. They should be asked before any more money is spent. Good orators can make the conversation go a certain way and that's how it went, the presenters spoke on the way they thought the plan should go in my backyard. They do not listen to what I wanted REGULAR MEETING DECEMBER 08, 2014 14 in my backyard. According to my fifteen (15) years of experience in urban planning, this is a disaster. It will shrink one side of the town and make the other grow. This does not help bring businesses in. It helps businesses move out. All the businesses that were on Western are wiped out or moved to Mishawaka. The tax base is eroding. Listen to the ones who put you in office. Mario Sims- 608 S. South St. states, this is a gentrification plan. This is a plan to destroy low income neighborhoods, a plan to displace African-Americans. It's been done in Chicago. This is a plan to move traffic smoothly through to Notre Dame Football games, not a plan to develop and build commerce in the West Side where it is needed. It's not going to bring Kroger, Martin's, or get Costco to bring jobs in the city. Jesse Davis- P.O. Box 10405 states, I have a house on Arnold and I bought it for eighty-thousand (80,000) dollars and I cannot get forty-thousand (40,000). Advises the contractors are likely to come from Mishawaka. I live in Mishawaka, but I come here because I spend so much money on taxes in South Bend. I live in Mishawaka and live in a redeveloped area by Buetter Park, and he homes they built still empty, as well as office buildings they built in the middle of the park. The new development obstructed the view from Mr. Davis's home. We want to keep the integrity of what's been in the neighborhoods. Advises that he hopes the same developers are not used. Change is good, but we need to let the people who have lived in those areas forever have a say in the matter. Rebuttal- Michael Davito states that his intention is to preserve the assets of the West Side, but also to unlock excess value of the capacity of the West Side. There is a great opportunity to build businesses and residential homes there. Councilmember Oliver Davis- Is there any way to do this project with wide roadways? Scott Ford, Ex-Director of Community Investments- Eleven-hundred (1,100) jobs in manufacturing and health care: this is anything but a gentrification plan. South Bend Mutual Homes, 24 Home co-op. It's a restoration plan. The neighborhoods which are stronger before the roads were converted to highways, we gave them back the parallel parking. Councilmember Oliver Davis- Create a presentation of the street with a simulator for January 27th meeting to make sure that everything is clear. Scott Ford: Asks that the bill currently be voted on tonight because it is not about the street size but instead about the overall project strategy. Oliver Davis – Let’s not get 85% done then bring in the community to ask for their input. Councilmember Dieter made a motion to adopt this bill. Councilmember Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (6) ayes and (2) nays from President Oliver Davis and Councilmember Henry Davis Jr... RESOLUTION NO. 14 -111 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROPOSING THAT MASTER PLAN FOR KENNEDY PARK BE DEVELOPED PRIOR TO THE ISSUANCE OF A PARK BOND This Document is No Longer Available Councilmember Henry Davis Jr. 227 W Jefferson Blvd. – Council Davis reads bill. The councilman also added the bill will cost $350K to complete and make sure there is recreation for our children. The area children have taken the streets as their place for recreation. This is a plan that needs to happen sooner than later. REGULAR MEETING DECEMBER 08, 2014 15 Those wishing to speak in favor: Melissa Stokely 226 E Eckman – If it’s equipment for the children, it shouldn’t matter about prioritizing just get it done. Phillip Williams 2818 Prast Blvd. – I asked the Pres. Of Roseland Rotary for a financial donation for the basketball courts, the basketball courts and picnic tables are not suited for the community to use, Officer Herron polices the neighborhoods and knows most of the troubled kids in the neighborhood by name. The park is alternative for getting in trouble and a stress reliever for others. People are getting in trouble because, they have nothing to do and start setting up their own basketball courts in the street. The kids that don’t have courts here go to King Center and cause problems. Pastor Thomas Capers- 2102 Linden Ave - Well said Phillip Williams. The park was blessing for me and the kids when I was going up. We felt like the park was taken from us and turned into something that did not belong to us anymore. The park used to be a place for children up to orange and down to Johnson all the children went there to eat park lunches and hang out. It would be a great help to the neighborhood if that place was once again restored. In addition to keeping students from having to travel to neighborhoods where they may not be welcome. Florence Sims (President of the Kennedy Park Neighborhood association) 1636 Florence St. - The kids from my neighborhood can’t use the Kennedy School playground area due to a padlock normally placed on the playground area. The children can’t play in the tall grass or on the sidewalk so they start playing in the streets. There are cars speeding down the street, people selling drug outside, and the people at the center are much too old for my young grand kids to play with. The entire park is in disrepair including the swings and tennis courts. Rhonda Richards, 920 Clover St. - The Park should be a place where children can go and play sports or go swimming. It might help them stay on the right track. Noesha Casey, 1902 N Freemont - Growing up I was only allowed to play at Kennedy Park. We need that community park back in our area. (Inaudible) Don’t take it away Blue Casey, 1902 N Freemont- There is a lot of kids in that area. The closest parks are Freemont Park, Kennedy Park, and Martin Luther King Jr. Center Park. Some kids are not allowed to across Lincolnway or Olive. Gilbert Washington 135 N. Hawthorne Dr. - This could make our city better from the citizens. I think it can also help the city to see the council in a good light. Delores Butler, 1208 W Washington- There used to be things we could our kids to behind the school. Now none of the schools have a place for kids to play. All around the city there is no place for poor white, black or Hispanic children to go. You are taking things away from our kids. It’s time for you to stop taking away and start put things up for our kids. Beverly Brown, 1232 Washington St. – They took the water park away from the kids and now we have to travel to Merrifield and let them play at the park there. We had to use someone else’s address to play at their waterpark for discounted rate; I feel that is so unfair. At Kroc Center, if you can’t afford a membership your kids can’t play. There already is a park for the children to play basketball on. They took the basketball court down and built a castle around the place. Council Member Karen White- No one is saying that Kennedy Park should not be addressed. There needs to be a master plan prior to the issuing of a park bond. REGULAR MEETING DECEMBER 08, 2014 16 Council Member Henry Davis- I am asking that Kennedy Park be the priority. There has already been a master plan created, the problem is that nothing is happening. We are trying to ensure that the park is taken care of through the general fund or a park bond. We just signed off on $30 million project five minutes ago this is $300-400,000 this is a small amount in comparison to what we just did. This is for the kids. Council Gavin Ferlic- I want to congratulate the young man, he asked for $10,000, organized over twenty meetings and met with residents and neighborhood associations. We have developed a rough master plan. We worked with the kids who receive free lunch at Kennedy Park and gave them free passes to the water park. For some reason the after we’ve advocated to the school playground to stay open it keeps being locked; we are still working to make that doesn’t happen. I think this ordinance holds the park bonding process hostage and then every council person could name different things that they want. Then we end up not listening to a process. I will make Kennedy Park my number one priority. Council Member Dieter- I agree with the other council members and applaud Council Member Henry Davis Jr. for putting all of the effort in the parks, it needs a lot more. It needs a full court and lot of the playground equipment. I think there needs to be a swimming pool at that park like there used to be. That’s not what this ordinance is. The holding up of the entire master plan for the parks, for Kennedy is not conducive to what we want to do. I am favor of improving that park and all parks in South Bend. Council Member Dr. Varner – This problem is not Kennedy’s alone. There are similar problems at a number of parks. There seems to be a favorites issue and that’s something we have been trying address for a number of years. I agree there was a neglect of the Westside and Westside Parks. I don’t think you want to hold a bond hostage just for one park. Dr. Fred Ferlic- Thank you for supporting the parks. The council has a priority they are jobs, crime, and parks. They have a Five year plan for $37,000,000 or $2,500,000. We need help at Kelly Park and Coquillard Park. Phil St. Clair has promised all the parks will be taken care of and some will be a priority including Kennedy and Howard. Tim Scott – The three words, “This is first” means the bond is held hostage. We need to upgrade our park tremendously. Olive Davis- In 2012 I told the mayor we needed to fix the houses on Cobel St. 1st and they probably would not have gotten done, if I hadn’t. Sometimes it’s good to hold things hostage. Forget the messenger and vote on the issue. Henry Davis- Spent a million on legal fees, we $3,500,000 to study the street directions, and just transferred $30,000,000 “without blinking an eye.” The kids need $300,000 investment, please do the right thing. Councilmember Dieter motion for a favorable recommendation, second Gavin Ferlic. Resolution vote by a roll call vote of eight (2) nays Councilman Henry Davis Jr. and Councilman Oliver Davis and (6) ayes from Councilmember Ferlic, Councilmember White, Councilmember Scott, Councilmember Dieter, Councilmember Dr. Ferlic, and Councilmember Dr. Varner. 14 -112 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENCOURAGING THE CITY ADMINISTRATION TO ESTABLISH A MINORITY HIRING PROGRAM FOR THE FIRE AND POLICE DEPARTMENTS, TO DEVELOP AND IMPLEMENT PROACTIVE POLICIES IDENTIFYING OFFICER REGULAR MEETING DECEMBER 08, 2014 17 BEHAVIOR INCONSISTENCIES AND TO LOOK INTO THE NEED FOR POLICE BODY CAMERAS AND A CITIZENS REVIEW BOARD REGULAR MEETING DECEMBER 08, 2014 18 REGULAR MEETING DECEMBER 08, 2014 19 REGULAR MEETING DECEMBER 08, 2014 20 REGULAR MEETING DECEMBER 08, 2014 21 Henry Davis- Went to meet with the Mayor from New York and mayors throughout the country. Almost 100% of the people agree we need to do things differently. They are also watching South Bend’s Mr. Anderson situation and Council Member Henry Davis being pulled over at gun point situation. This is a chance to be progressive. Minority is problem and we have less than 10% minorities in public safety. The current numbers are 85% White, 10% black, 4% Hispanic, and 1% other. A minority hiring program will help to restore relationship when they are trying to find a police force they can trust. The body cameras are a recommendation from the President of the United States of America. Body cameras may not stop a person wanting to cause some destruction someone else however it does provide the public some feeling of being protected. Need to provide health care program for our officers seeing crimes every day, they do not start to believe the group they police are all bad people. This is an effort to decrease profiling. Department of Justice reports came showing that there was an obscenely high number of African Americans males being pulled over on Lincoln Way West. Something had to be changed because I spoke with the department of Justice. There are several cities smaller than us in Indiana that can do this and so can we. I am asking participation from the police department and council. People are unhappy let’s try to fix it. President Oliver Davis- 1801 Nash St. – “I am happy to say I can breathe tonight.” I teach and I have taught my students to be respectful to officers. Then I got in my car and drove down Lincolnway and I got stopped the police and I was treated horribly. I have been pulled over many times and been treated much better. The reason was because we got to talk. Part of it is because of my political role the other part says it because I get to talk to a lot of people. The first time I was treated badly I was at Montgomery Ward, an officer came up and asked what I had my pocket after I explained and he then said, “I’m watching you” I never wanted to go back to Montgomery Ward again. How many people can relate that story? It started when I was the first black president of Transpo’s board. Then they told me I couldn’t run in the six districts. People told me do not put my face on my prints because people would not want it. Now everyone knows the bow tie. These are real things that Councilman Davis and I have to go through. There has been damage done to the African American community to place the African American woman over the African American man. These are the issues are things that we have discuss with the Mayor and the type of the dialogue we need to understand on the City Council. Just because I sit on the council I don’t forget. To reject the bill with everything going on is going send a message that you do not want to deal with. Let’s not make this a black and white issue. Let’s do this as black and white citizens together, let’s be head of the pack, let’s have unanimous vote and let’s go home. Mario Sims, 608 S. South St. - I come to this from a different perspective, I was called to home of a fellow citizen (Noah Primist) and shown a map how the 2nd District had been redrawn to trap the African American vote strength in one district. I was the plaintiff in that lawsuit and one major reason why there are 9 seats on the city council instead of 6. I worked on this with Rev. Wallace, who was the President of the NAACP at that time. This is also the reason you have 3 instead 1 African American city council members. This is an issue of fairness, I wore a uniform for this country, and I have been personal friends with a few police chiefs. This is not a black or white issue I am an American. I want to talk about fairness. The current boards of public safety members are all appointed by the Mayor’s office. I was able to get the Indiana State police to investigate the Chief of South Bend Police Department. When the report was turned over the board of public safety, Pat Latrell in turn resigned from the board of safety because we believed the Mayor should have fired the Chief of Police. Board of Public Safety is nothing more than a stamp of approval from the Mayor’s office. If white officers cannot get a justice from the Board of Public Safety how will we? A Citizen Review Board will be allow citizens and polices officers to decide what is just. REGULAR MEETING DECEMBER 08, 2014 22 Theodore Robert, 2617 Fredickson St. – Police officers we don’t shy away from accountability. We want accountability. I agree the minority hiring for fire and police departments. I would also include those appointed by the mayor, chief of police and captains. The chief has been brought up on Federal Charges for Racial and Employment Discrimination. We filed complaint in front of you (Dr. Varner) and I ask how many have been investigated? This says there is nothing we can do to get fairness. This is also causes a decrease in moral which also increases crime because police officer are reluctant to do proactive police work. There needs to be a change in policy. If you want to bring on police body camera we will welcome them, if you are doing your job justly you have nothing to hide. Blue Casey, 1902 N Freemont, I believe definitely need a review board. As an 18 year old I have been getting harassed by the police since I was 12. Police are primarily white policing black communities that are not good. I was told I look suspicious because I had on all blue. We need black officers that understand situation and that know us! We need officers that look like me. (Inaudible) We need officers from our community understand your situations. David Gutherie- 1415 E Donald - We need data and need to study that data. There is already data about the prison industrial complex and we know it sapping our human resources in this country. (Inaudible) Beverly Brown 1232 W Washington – It’s like police were told to pull over everyone that is black or brown. If the person is loud or talking back to you say they are resisting arrest. If you have to shot or kill that person don’t worry because we have you back. We will hand pick the person who select them and jury and majority people we have the jury will be white people. If we can one or two Mexican we will have them be the minority. You won’t be convicted or seen as wrong you will be released from your sin. We have to stick together in this world the white people would say. Who cares about the black person they’re second class to us they’re second class citizen so what do I care about them? I don’t feel their pain; I don’t feel their hurt for the blacks. They we are the same be we are separated and not equal. It’s white supremacist in The White House. The excuse is the authority is the problem and these are the people that make the rules. The Supreme Court makes the rules, the white people. When it comes to the laws it’s one law for the white and its one law for the black people. The Supreme Court thinks that is a color problem no it’s not, it’s not a color problem it’s a racist problem. The laws are for the white to protect the whites from guilt or sin. No respect for the black people through fairness. No honesty, no loyalty from the white people. Justice for the white people and for the black people none. When it comes to Federal housing we don’t get the same. When it comes to bank loans we don’t get the same. Gilbert Washington, 135 N Hawthorne Dr- I would like to congratulate and affirm Councilman Davis for his steady response to these issues as they arose. We were the venue for 45 people of the city of South Bend and had some from the city council tell we didn’t have a citizen review board for the city or county police. I was surprised because thought I lived in a progressive city. I hope we have a citizen review board very soon because, it is needed. Hope we get jobs on community police force because it is needed. Joseph Shabazz, 127 Marion St. – I spoke cordially with more cops than I have in a long time. This is not a black or white issue this is have and have not issue. There some with power who disrespect others based on their class. You could hire some minority cops but that is not going to work. You have to hire some men. Who talk to men like they talking to men, talk to women like the respect them, and who talk to children like they are trying to protect them. One of the problems we have with the police department is the leadership as you just heard. There a time when the city spent $400,000 excessive force claims. There will come a time when you walk up someone and try to mistreat them and they are going to except it. They are not going to call the department of justice they are going to come see the person who shot their child. Or you are REGULAR MEETING DECEMBER 08, 2014 23 going to adopt a citizen review board, you are going to use those body cameras, and we going to try to setup a police and community member talking circle. We want build good relationships with police on the police force and we know there are some bigots on the police force. Some police office were overseas doing bad things and we do not people who were out killing people and alley because one day those chicken will home to roost in America. South Bend is kind of quiet no has said anything but everyone remembers Michael Anderson. People do not like when shove things down their throat and try to kill them, which will not keep happening. Cameron Teague - I did not have this hood on the last time you saw me. I am wear to acknowledge all my black people across the nation, the Mike Brown, the Trayvon Martin, all of them. I have seen all the racial injustices being force upon us just because we act differently from the “good kids.” We are still the next generation; we are still this country’s future. I just got pulled over and they said I was going 49 and I was looking at my speedometer. I was only going 39 and my girlfriend was right next to me. It was Caucasian female with a black male so we usually expect problems. It was an older white cop. I think did not have any else to do. I think I was being pulled over for being in an interracial relationship. The cop saw my hood and my white girlfriend and started reaching for his weapon. My question is if I was your child, I came home and told you this, what would you do? Police are supposed to be held to a higher standard but, not pulling a gun on a teenage, in a nice car, and assuming he was speeding. If your child was stereotyped for those reasons how would you feel about that? I want something done about this whole thing. The body camera can be badly position and when something bad happens the only thing you might have is the audio. Noesha Casey, 1902 Freemont – There are problem happening here in South Bend also. They was suspect found drown in the river with handcuff indentation; the police did that. Mike Anderson so he brother being choked; the police did that. These bad things are not just happening all over the country they are happening here. (Inaudible) We are to create a relationship between the community and police. I believe the body cameras will work. (Inaudible) Rev Chip Rouse, 801 E Washington - Thank you for your serve in our community. This is going to happen. It may take a few bodies in the street or it may take more blood to be spilled or you can get ahead of the curve. Please be ahead of the curve don’t wait for more deaths. We can work together and make this a better place. Pastor Thomas Capers- 2102 Linden Ave- I am in favor of this bill. Everything all included. Minority hiring, we should hire the best person no matter what their race is. When I growing up we had police men we could look up to the Lynn Coleman and John Jr. We don’t have these types of African American police officers that will come visit the school. When I was young children wanted to be policemen and firemen. We don’t see the love anymore; it’s of like a lost hope. The interactions between the police and the minorities seem like a lost hope, that doesn’t exist anymore. Before I was a pastor I had run-ins with the law too. I was maced several times and had my jaw broken by the police. None of that happened because, I was physical with the police just a lot of loud drunk talking. Maybe if they had body cameras they would not have went there. I think people will be held to high standard if they have a camera on them. I support it. Pastor Terrell Jackson (President of the NAACP) 1725 Georgian Dr. – The South Bend NAACP has adopted and stands behind this resolution. We feel there needs to be a development of a minority hiring program here in South Bend for police and fire. We also feel we should encourage some of our student graduating from high school to join South Bend Police or Fire Departments. We feel body cams will cut down on confrontation. Los Angeles cops said the REGULAR MEETING DECEMBER 08, 2014 24 complaint rate dropped 88% when they introduced body cameras or a citizen review board. NAACP encourages the City Council to vote in favor of this resolution. Huey Skolly, 3415 Riverside Dr. – We really do have good police officers. We have the shortest Martin Luther King Jr. Dr. in the country is here in South Bend. I want to tell you a story. I was protesting to get a permanent street for Dr. King’s Dr. On Mayflower Rd. about a police officer that stopped and harassed me he asked me for my permit. I told him I gave my permit to the news media. The officer then proceeded to ask me a lot of questions. Then he asked to see my driver’s license. The officer detained me for quite some time and made Rev. William who was following me in his WUBS Bug shut his camera off and the media was down the street and never reported it. We explained the cop that Rev. Williams was the chaplain at the airport. Dr. King Drive is not for Huey Skolly it is for the entire community. I will keep fighting until I get one. My last protest was just about a year ago. I was going to do from Navarre St. To Walmart. As I spoke with some officers they said Skolly how you going to get back I said I’m going to walk and the officers said they would take me instead. The officer said if I can’t make it I will have someone there to come get. As I was walking I called the station and the officer said he couldn’t make it. He asked what I needed I told him that I need a car there so we could cross toll road and he said he’d get someone there and sure enough when we got there they escorted me across the toll road. The officer said I was sent to get whatever you wanted done. The officer said get on front of my car and drove me across the toll road. The officer followed me to Walmart and then blocked off the street in front of Wal-Mart until I could cross the street carrying my Martin Luther King sign, we have those types of police. Jesse Davis, PO BOX 10205 South Bend, IN - I wasn’t going to come up here then I heard that a South Bend Police Department officer had made some negative statements about a post that I had put up on Facebook. It was a city issue that citizen have a right to know. I knew because if you put the cursor over their names it still says what their job is. As I was taking pictures the of the protest/ “Die In” at the county city building. The post that was commented on was about a phone conversation, I recorded of the Police Chief talking about a double billing issue that was taken to the South Bend Police Department and the City Legal Department back in May and has still not been handled properly. There is still no resolution to that issue and the contractor is still doing work for the city. I put that conversation on Facebook, for everyone to hear why the chief wanted to handle this issue as a civil matter. Another citizen said that the chief asked that you not put things on Facebook that are out of context. Why didn’t the chief just walk up and say that? We need a Citizen’s Review Board for transparency. Body cameras are great start but what you see and I see can be two different things even though we are watching the same video. You go to the public safety board and thing don’t then you got to the Common Council and things don’t happen and people want to play a role in their government. We change and transparency. This is not a black and white thing, it’s the right thing. We’re supposed to be the 21st century let’s move on let’s do this. Let’s be a trend setter. Regina Williams Preston, 838 N Elmer St. – there have been two separate issue this year, Mike Brown and Tamir Rice but there were two one in August and May which I received a phone call from parents about. Where we almost had a Tamir Rice when two young boys, who happened to African American playing with airsoft guns outside and the police were called and pulled their guns and told the boys to put the guns down. One of the young boys was 12 who had just received the gun for his birthday. They were detained overnight and was given a leg monitor. This child could still be charged with intimidation and reckless endangerment for playing with a toy gun. They have said this is policy, this is how we respond in these situations, we know that it had an orange tip, but we told if has an orange tip it might not be fake, criminal paint the tips orange in order to get the drop on cops. After that I found myself among a group of citizen attempting to get a meeting with the chief of police. We just wanted to know to inform people as a matter of public safety. We need to know what the procedure because people are buying these REGULAR MEETING DECEMBER 08, 2014 25 toys for their children and we know that if a police officer comes we should not point in the direction of the police officer. We understand the police chief is really busy and it is really hard to make time in our schedules so we think these measure could be a good forum or formal way to get answers like these. We there is already some training courses and we need to know more about that. These are the types of things that will help to heal the relationship between community and the police. It is not just the community mistrusting police there have also been some issues the police not trusting the community. Police told community representative that they could not host events for middle or high school aged students because it too dangerous. Something has to change, we cannot keep saying we had a lot of problems so we can’t do that anymore. When need opportunities for our young people to come together. We told that Far North West Neighborhood’s block party was concern of the police department and possibly could be shut down. There were over 500 people in the park and there were no problems at the event. These are the kinds of things that this method of communication can open up. This is help to trust each other, heal those relationships, and really save our city in the best way possible. Robert Smith Martin Luther King Men’s Club, 1522 Linden St. – I am in favor of the resolution and to clarify the fact the resolution says to encourage the city administration to create a citizen review board and to look into the need for need for body cameras it does not specifically obligate the city council to any hard and fast legislation. That is why I am in favor of it. Would like to see some hard and fast but I know that the city council that is not ready. As it is written it is a safe thing for everyone to do. It is prevention. I would also like add I have also offered professional assistance by me for no cost and I have had zero response for every council person. Something of things that we are talking about here I was willing to provide for little or no cost. Debra Stanley, 19270 Knollwood Dr. – I am support of this resolution. The demeanor of this body I have seen tonight makes me think you don’t know, don’t want to know, or are trying to fool us. As the school corporation tried to attract private school students part of their promise was that they would keep those the students safe. In turn, there was a wrought iron gate put around the Kennedy School which had be open to the public prior to and the city stopped anything over at Kennedy. After the kiddy pool facility was put up I took my two children over and I notice there were primarily parents and children from granger there. To speak as thought you have no say about prioritizing the projects and rejecting or accepting budgets is disingenuous. You could make this is a priority if you thought that it was in best interest. When I listen to how you said this city is not being re-gentrified, it is, there is a plan in place. The city make plan 5 and 10 plans, including which neighborhoods they will destroy which they will drive down the property value of. I have a house at 612 Cushing Street and I have seen the people who lived in that neighborhood for forever being pushed out. I remember the first director of the Near North West Neighborhood Association, she was a white women who commonly used the N-word and talked about the Mexicans taking her neighborhood like Polish Americans was the first on this planet. Then I saw the next director come in and I saw all the Notre Dame graduates students getting these houses staying in them a couple years then selling them and going on about their business. We talked about the Redevelopment co-op tonight and how it is not about gentrification and moving the people out of the neighborhood, when Anne Mennix first presented that, she is the one who brought up all them empty lots and now she is proposing this co-op program, the first words out of her mouth were to market it to Notre Dame families. Do not tell us that we are crazy. It has been said tonight, please do your homework before you respond to community and you have demonstrated why a citizen need review boards and programs like these. The watchers constantly need to be watched. Council Member White- Sometimes when you hear the words “Citizen Review” a sense of fear comes up or individuals tend not to see it from a positive perspective. The time has come to have such a panel to look at ways which we can enhance a better understanding on both side from the police and community. Think this would be a great opportunity to start a discussion. REGULAR MEETING DECEMBER 08, 2014 26 This city has had a hard time discussing race and when we do it become negative. Resolution says for the administration, we should add the council also, to work to see how we can develop a citizen’s review board. This is nothing new. We look at best practices and find what works best for this community. Would like to look at page 2 with the sponsors concerning creating a minority hiring system, creating an early warning system was something we already began working on help with employee how prone to emotional instability, as we begin to assess people mental states we need to be careful, and we need to find out at what point we start to assist those employees. I would like to suggest to you that January 26, 2015 not adequate time. That would not be enough time to setup the review panel and what their roles would be with regard to: their legal ability and collecting data both the council and the administration would need more time. Also, to put together the committee, which community members, representatives from fire, police, and I would encourage adding some youth. In looking at section 3, I would look at a time line that would allow time to put in place a solid review panel. The Council could take an active role in providing a forum for issues between citizens and public safety while becoming a liaison between the Review Board and the existing Public Safety Board. The time has arrived that we need to have a Review Board but it must be cooped, more people at the table and January 26th is not enough time gather the data that many of the council members have asked for. We should be looking at cost, structure, who decides who is on that board and best practices for review boards now. Council Member White- Sometimes when you hear the words “Citizen Review” a sense of fear comes up or individuals tend not to see it from a positive perspective. The time has come to have such a panel to look at ways which we can enhance a better understanding on both side from the police and community. Think this would be a great opportunity to start a discussion. This city has had a hard time discussing race and when we do it become negative. Resolution says for the administration, we should add the council also, to work to see how we can develop a citizen’s review board. This is nothing new. We look at best practices and find what works best for this community. Would like to look at page 2 with the sponsors concerning creating a minority hiring system, creating an early warning system was something we already began working on help with employee how prone to emotional instability, as we begin to assess people mental states we need to be careful, and we need to find out at what point we start to assist those employees. I would like to suggest to you that January 26, 2015 not adequate time. That would not be enough time to setup the review panel and what their roles would be with regard to: their legal ability and collecting data both the council and the administration would need more time. Also, to put together the committee, which community members, representatives from fire, police, and I would encourage adding some youth. In looking at section 3, I would look at a time line that would allow time to put in place a solid review panel. The Council could take an active role in providing a forum for issues between citizens and public safety while becoming a liaison between the Review Board and the existing Public Safety Board. The time has arrived that we need to have a Review Board but it must be cooped, more people at the table and January 26th is not enough time gather the data that many of the council members have asked for. We should be looking at cost, structure, who decides who is on that board and best practices for review boards now. Councilmember Ferlic – In regard to minority hiring practices there is already effort underway but anything we can do to improve it would be great. We want to know there is any consideration to eliminate section 3 or changing the date or talking about how the Common Council should be collaborative. The administration is actually who is supposed to do this work but situation were more people added to make it a bigger discussion. Councilmember Davis- The 26th is the day that a series of discussion start. We are allowing some time by setting it for the second meeting of the New Year not the first. Those meeting can be scheduled through the health wellness or public safety committees, the specific committee is REGULAR MEETING DECEMBER 08, 2014 27 not important but that we are having a series of hearings on these issues. Maybe health and public safety takes on the Citizen Review Board and Community Relation Committee deals with body cameras; that is what the idea was for this particular vision. Coming back by the 26th with all this information could be difficult but I have more 50% of it already. Over the break I will begin to share it with the council. The point is for the council to develop a schedule to make the policy action happen. Councilmember Ferlic- Would like to amend the resolution to sound less choppy. I will amend it and try to make a motion to accept a substitution of the resolution. Councilmember Dieter- The administration will have to be a major part in this for minority hiring we can only make recommendation but the city administration has to do the implementation. I know for the last fourteen (14) months the South Bend Police Department has been using body cameras. I think it is a fantastic idea but there are a lot of issues with regard legalities: will it be taped all day and the cost of data storage. There many police department looking into this all across the country. The Citizen Review Board is going to take a lot of study. We already have a public safety board, made up of 3 African Americans, 1 Hispanic, and 1 White male). Will the Citizen’s Review Board be just a forum for dialogue or will it have legal traction. Councilmember H. Davis- the Citizen Review Board works in parallel another legal body and has the ability to take legal action and subpoena information and data to execute its own investigation. It doesn’t oversee a board public safety it works in parallel with the board of Public Safety with its own attorney. They the ability to make a decision as well. It becomes another outlet for citizen who’s issues do go well with the board appointed by the Mayor. Councilmember Dieter- That has to be spelled out. The more information we have on these issues the better off we will be. There will always be a difference of opinion about the way things were handled. It’s a shame that we didn’t get this response when Tom Durue was killed or when Paul Degouch was killed or when Scott Severance was killed. There is a lot of frustration and people are butting heads. When one thing goes wrong everyone is put into one group and all of the sudden everyone is bad. I have no problem talking to the community about issues like these. However, like Councilmember White and Ferlic said we need more information and the City Administration must be a major part of this. Councilmember Henry Davis- I agree and maybe one of these vehicles can be used to congratulation officers like yourself for helping the community. Officer are always called to negative situation, they are putting their lives on the line each and every day and they are trying to get home to their families. Karen Depaepe always sings Derek Dieter praises. Councilmember Dieter- Police are human beings there horrible one and good ones. You need to get them all in the same room so people can meet the county police officer and those that grew in the city. It only takes one bad incident and then it spills over on to Facebook. Dr. Varner- This is resolution that does not have any legal traction. Think it is a good time considering the recent events. The events causing racial tension, that’s what we are talking about, tonight is racial tension, and I have been surprised that the racial tensions have not been worse in the City of South Bend. If this is a sincere effort to make this a better town by having these conversation I applaud it and support it. I think it is the only solution we have. The time before the council is good but I think the time spent with the 14th floor is going to be most effective. I don’t know the right or perfect answer and I think we are going to have to a number of different things. You find support for this going forward as long as it is constructive discussion that everybody says they really want. REGULAR MEETING DECEMBER 08, 2014 28 Dr. Ferlic- This is conversation long overdue. Council member White, Ferlic, and Scott on the Police Negotiations have advocated for minority hiring. Major problem is that you cannot become a police officer until you are 21 so you lose the kids that are 18. Look in the IUSB Criminal Justice Graduates, Ivy Tech has a 2 year program, run by a former New York Officer and Lawyer. There is a cadet program at Niles High School, John Glen has a program afterschool, and we look to current and former civic leaders for input as well. Maddie Taylor has too many responsibilities and I think we need a full time recruiter. SRO should be recruiting too. I think that as council we can work together to get the ball rolling. I propose this go to health and public safety but I also propose that all nine member show up multiple times at multiple meetings so the public shows up. The number on the list is hiring minorities. The rest I think need to be vetted. Councilmember Tim Scott- My concern early this evening was whether on the state level a Citizen’s Review Board was legal on the State level within the law. Councilmember H. Davis- I already told you. Councilmember Tim Scott- What Karen brought to my attention was there could be a way a solution around that. There is something that can be done here. Think we can work pass this. This was something brought was at the FOP meeting and something we need to work on. Recruitment is an afterthought and we need to make a forethought we need to do it in the right way. You guys did a great job on the presentation. Councilmember Ferlic- Amend section 3 to read, “South Bend City Council will work the Administration and Police Department and community members to study the topics listed in the section 2 and shall follow up with reports to the Health and Safety Committee throughout 2015.” Councilmember O. Davis- Add in the word “together”. Councilmember Ferlic- Can we eliminate the word “need” from the title? Councilmember H. Davis- If that’s what you need to support it take the word “need” out. City Attorney- Can you add in the H.R. Directors for Police and Fire in both section 2 and 3? Councilmember Ferlic- Yes. Councilmember Dieter made a motion to approve, Councilmember Fred Ferlic seconded the motion which carried by a voice vote of nine (8) ayes. BILL NO. 66-14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE 7, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS SNOW REMOVAL PRACTICES AND PROCEDURES A motion to move it to the Publics Works and Property Vacation Committee on January 12, 2015 Motion, Councilmember Dieter and second Council Member Gavin Ferlic. UNFINISHED BUSINESS There being none. REGULAR MEETING DECEMBER 08, 2014 29 NEW BUSINESS There being none. PRIVILEGE OF THE FLOOR Jesse Davis- P.O. Box 10205 - You can read this yourselves, I am asking what happened with a lot of issues that have been brought you in the last couple of years. Terrence J Franklin Jr. 2720 Belleville Circle Apt. 6 – (inaudible) Actions of the Common Council constitute corruption, involving crimes of a conspiratory nature. Corrupt of the government at any level is a serious offense to the security of the citizens. Common Council as it currently functions is corrupt. (Inaudible) Public input at these meetings and its employer the constituents has been smeared as formally submitted in the Privilege of the Floor form. The person or persons who perpetrated the corruption was also submitted on the Privilege of the Floor form. The record of a formal response at this meeting to the corruption detailed on the Privilege of the Floor form is evidence of initiating grounds for a recall. I don’t know the options with the state, however whatever options there are they will aggressively pursued until this issue is resolved. lack of a President O. Davis- You did meet with our attorney Terrence J Franklin- That is not the procedure President O. Davis- That is the procedure and we did follow up with a response there is no corruption. Blue Casey, 1902 N Freemont- It has been 50 years since Dr. King’s great march on Washington and yet racism and inequality still exists in the homelands of America. Today were to make sure are aware of the issues of racism and inequality here in South Bend. We cannot change the world unless we change ourselves. South Bend cannot change unless we make the change ourselves. How can the people who run the city of South Bend ask the citizens of the city for solutions to problems when they cannot resolve their conflicts with each other? A change to change the community as whole. Crime in one of part of city should not be highlight because it is close to a certain like Notre Dame. While ignore and crime and violence in areas with high minority populations. We need to change how the school corporation treats our youth in this community. We will have change until teacher stop trying to find ways to get students out of class instead of finding way to keep them interested in the classes. We must change our Justice system. How can citizens be expected to those sworn to protect us when there so many things hidden from the public by South Bend Police Department? The taped conversations of the South Bend Police Department have not been released. What is on these tapes? Rumor of Judge Marnocha(inaudible) 1 million year before retiring. Why are there not more African American officer to patrol the areas where there are more African Americans living to give the officers more understanding of the circumstances in the African American community? The Mayor says 2015 will be the 150 anniversary of the city of South Bend, let’s make the city of South Bend a year of change: a change of mindset, a change of policy, a change of direction. Let’s clean up Lincoln Way, West Washington, and Western. Let’s rebuild Keller Park, Kennedy, and Freemont Park. Let’s stop violence by Notre Dame but in the Near Northwest side of South Bend, IN. Let’s work to change our community because we can’t change the world until we change ourselves. Noesha Casey, 1902 N Fremont-I am here to Brenda Johnson I’m writing this letter in hopes of updating you on my case. For over a year the badgering has been incessant and the attacks continue to escalate. (Inaudible) I also suspect vandalism of my home. (Inaudible) I hope that your office can assist me. To prevent this from happening to anyone in the future. Thank you for your time and consideration in this matter Brenda Johnson. I understand where she coming from my auntie has often been harassed because of my cousin Myron who was involved in the shooting of a police officer. All he did was take his friend to hospital because he bleeding and he ended locked for the situation, he was an A student. REGULAR MEETING DECEMBER 08, 2014 30 Brenda Jones 2029 S. Michigan St. (3) years ago I was arrested in Topsfield Condominiums. I was working 12 hours per day on third shift. A neighbor of mine continued to make noise. I went to the associates to complain about her making noise and they told me I need to call the police. I called police they didn’t do anything about it. Finally I took the time out to go down to the police department to talk to them about it. I spoke to Robert Hammer, who is the police officer who has been harassing me. He asked for my driver’s license and asked why you aren’t in the system. I told him that I had never done anything. I don’t drink I have never done drugs, smoke, I don’t do any of those things and I haven’t been in trouble. He said no you just haven’t been caught. You’re the one we should be making a file against not her. He took my keys and told me he was taking my truck and having it impounded. He took my truck, then he said he was going to have me locked up for 72 hours or longer. He called a jail and I was crying like baby as they asked what is she doing? They said they were not coming to get me because I had never done anything wrong. I was not a threat to him or myself. He had me handcuffed and put in a police and taken to the jail anyways. I was given an evaluation because he said my daughter told him I was on medication, which is not true she does not know him and has never met him. I was evaluated and found to have no psychological issues. He continued to bother and says he will continue to bother me, this is has been 3 years. I have been shot in the head by him with a police practice bullet, I have been tasered, I have been in the hospital 15 times, and sometimes 6 police cars are following me. Boonie from (?) has taken pictures of them and their license plates. She wonders why these police are bothering me and has offered to give a rides home to keep them from harassing me. ADJOURNMENT There being no further business to come before the Council, President Oliver Davis adjourned the meeting at 11:57 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Oliver Davis, President