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HomeMy WebLinkAbout05-14-12 Common Council Meeting Minutes REGULAR MEETING MAY 14, 2012 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, May 14, 2012 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the April 23, 2012 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS SWEARING IN OF JULIANE JAMES AS A CITIZEN MEMBER FOR THE PERSONNEL & FINANCE COMMITTEE City Clerk John Voorde sworn in Juliane James as a Citizen Member of the Personnel and Finance Committee for 2012. RESOLUTION NO. 4175-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING FRIDAY, MAY 18, 2012 AS A DAY OF REMEMBRANCE AND DEDICATION TO ALL SOUTH BEND POLICE OFFICERS AND THTH DECLARING MAY 14 – MAY 18 AS POLICE OFFICERS MEMORIAL WEEK IN SOUTH BEND Whereas, last year, 166 police officers were tragically killed in the line of duty, with these officers including 155 men and 16 women whose average age was 41 years and whose average years of service was 12 years 9 months; which was an increase from 162 police officer deaths in 2010, reflecting an dramatic increase of 40% from 2009; and 1 REGULAR MEETING MAY 14, 2012 Whereas, the South Bend Common Council further recognizes that on Friday, May 18, 2012 at 1:30 p.m. the Fraternal Order of Police, Lodge # 36 will hold their annual tribute and memorial service at our Police Department Headquarters, to honor all of the South Bend Police Department Officers who have given their lives in the line of duty. On behalf of a very grateful South Bend Community, the Common Council honors these very special police officers: Hans Brandt Paul R. Deguch Lewis Keller Delbert Thompson Fred E. Buland Charles E. Farkas, Sr. Neil McIntyre Lloyd Thompson Oscar Christenson Thomas J. DeRue, Sr. Nick S. Polizzotto Howard Wagner Samuel Cooper Ronald St. Germain, Sr Scott Lee Severns The Common Council rededicates itself to assisting the families and friends of each of our fallen officers in trying to help their families rebuild their lives and supporting our police officers serving on the South Bend Police Department today. 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 commemorates and gratefully honors each and every one of our fifteen (15) members of the South Bend Police Department who made the ultimate sacrifice while serving and protecting the residents of the City of South Bend, Indiana. Section II. The South Bend Common Council honors each of our fifteen fallen police heroes who each have had their 10-42 called out. All of the South Bend Common Council Members salute all of the fallen law enforcement officers across the country, and their family members, friends and police department colleagues who have been left behind; not because of the way each of them died, but rather because of the way each of these dedicated police officers lived and dedicated their lives and careers to their daily police duties in protecting people and property on a 24/7 basis. thth Section III. The Common Council hereby declares May 14 – May 19 , as Police Officers Memorial Week in South Bend, Indiana, to coincide with National Police Week which has been annually celebrated since 1962 when President John F. Kennedy th designated that May 15 and the week in which it fell as Police Memorial Week. The Common Council urges all citizens to remember and thank those who have given their lives while serving as part of the “thin blue line” standing between the lawful and the lawless. The Common Council further encourages everyone to honor our fallen heroes and their families & friends, and thank our current police officers for their many services by attending the Police Officers Memorial Service on Friday, May 18, 2012 at 1:30 p.m. at the South Bend Police Headquarters. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 2 REGULAR MEETING MAY 14, 2012 s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Dr. Fred Ferlic, 830 Oakridge, 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 President of the Fraternal Order of Police Lodge #36 Steve Noonan, Division Chief Gary Horvath and Corporal Dominic Zarate. 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. Council President Derek Dieter advised that he would like to remember Cpl. Randy Moore who died while training in the art of jujitsu. He also asked for a moment of silence for Captain Ed Friend who passed away on Thursday, May, 10, 2012. Steven Noonan, thanked the Council for this honor and Mayor Buttigieg for recognizing the sacrifices that not only these officers made but their families as well and continue to make. He also thanked the Council and the Administration for the continued funding and support for their efforts in suppressing crime in the City of South Bend for all citizens to protect and keep them safe. Additionally, Councilmember’s Scott and Schey offered comments and thanked all the members of the South Bend Police Department for all they do to serve and protect all the citizens of South Bend. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Schey seconded the motion which carried. REPORTS OF CITY OFFICES UPDATE FROM MAYOR PETE BUTTIGIEG Mayor Buttigieg stated that he very much appreciates this time under the Council’s Reports from City Offices as an opportunity to increase levels of formal communication between the Administration and the Council so that everybody is up to speed on their activity. He wanted to bring the Council up to speed on a number of things. First, there was interest from the Council in a progress report on the impact of the Council ordinance related to salaries. He stated that he is pleased to announce that 10 of the 12 positions that were affected by this ordinance are now occupied ably. He stated that the position of City Controller is held by Mark Neal, there was a salary cap increase associated with that position. Another salary cap increase was associated with the position of City Engineer. He hoped that the Council has had the opportunity to get acquainted with our new City Engineer Mike Mecham. If not, please let him know and he can make sure that it’s possible. He is coming up to speed and already providing excellent service in the Department of Public Works. The position of City Attorney was converted by the Council on an hourly basis. There was not a salary increase, but because it was converted from part-time to full-time, the salary overall did increase as far as the maximum. That position is now held ad-interim by Aladean DeRose Smithburn. He stated that they continue to work on identifying and extending an offer to someone for holding that job 3 REGULAR MEETING MAY 14, 2012 permanently. It is one of the two of the twelve that was addressed that is not currently filled. The same goes for the next position the Director of Public Works. This is the one position that he requested the Council to authorize the salary higher than authorized for Mayor. He stated that he believe that it is that important. He reiterated that they have a new City Engineer up and running. He stated that they have also benefitted tremendously from the volunteer and consulting assistance of former Public Works Director, Gary Gilot. He continues to help them in that regard as they move forward he hopes to extend an offer to a permanent candidate for that position in the near future. He stated that he is very pleased to announce the position of Executive Director of Community and Economic Development has been filled by Scott Ford. He stated that Scott comes to the city with an extensive background in policy development and planning as well as architecture. He stated that he has worked all over the country and the world. That includes seven (7) years spent in South Bend. He had the opportunity to work with former Councilmember Karl King on an internship while he was reviewing the City of South Bend as an object of academics study. Mr. Ford has also worked in areas ranging from both coasts of the United States to post Katrina and New Orleans and brings a vary unique prospective and he is very excited. He stated that he brought Mr. Ford around very informally to meet most of the Councilmember’s before the Committee Meetings this afternoon. He stated that for those that did not have a chance to meet him today, he is looking forward to introducing Mr. Ford. He stated that Mr. Ford is looking forward to working with the Council. The position of Director of Human Resources experienced an increase in order to create flexibility in the salary for that position. The same move was made on the Director of Information Technology. Both of those positions are Janice Hall, Director of Human Resources and Bob Allen, Director of Information Technology. The positions of Assistant to the Mayor were converted to Chief of Staff to the Mayor which is occupied by Mike Schmuhl with no increase in salary. The Deputy Chief of Staff to the Mayor was created by the Council out of the other Assistant to the Mayor position, again with no increase in salary and is occupied by Katherine Roos. Matt Sikora has joined the team in a position that was created by the Council converting the Director of Secretarial Services into the Executive Assistant and Director of Special Projects for the Mayor’s Office and he is working very ably in that role without a change in salary. The title of Director of Communications and Special Projects was changed by the Council to Communications Director, a small change, one that did not include a conversion in salary. That post is held by Debra Johnson. Debra worked previously as a journalist and brings those skills to her work as Communications Director in the Mayor’s Office. Last, but not least they asked the Council to create the position of Deputy City Controller, John Murphy has stepped up very ably into that position. That did include a salary increase from the Finance Director position that it was associated with previously. He stated that he appreciates all the many recent Council actions that have been taken and appreciated throughout the city, the one that he noted most was the reauthorization of funds for the illegal dumping crew. A partnership between the Department of Code Enforcement and Solid Waste, who recently picked up their 3 millionth pound of trash. He stated that they understand that picking things up after they have been illegally dumped is not the entire solution. He stated that they need to work on the front end to try to head off illegal dumping. He stated that a number of constituents have contacted his office and hopefully contacted the Council to express their appreciation for the impact of this program. He stated that he wanted to also let the Council know of the review of the Community and Economic Department is now mostly complete. He stated that they have worked very hard with individuals interviewing individually each person in the department as well as engaging in a number of experts to try to make sure that they have the best possible structure and strategy as well leadership for the department going forward. He stated that he will be coming to the Council later on this Spring/Summer, requesting the Council’s assistance in what he aims to have as a budget neutral adjustment to the structure of that organization. The intention is to then roll that out at an Economic Summit to be held in late June, which will be an opportunity for us to communicate to Economic Advocates and Civic Leaders in this community. Who to call for what and how they are approaching, not just as a city, but hopefully in partnership with County, Regional and State organizations, for the question of economic development, making sure that they are geared up to attract the jobs of the future. Mayor Buttigieg then opened up for questions and answers. He stated that if he does not have the answer ready, he will do his best to follow up. 4 REGULAR MEETING MAY 14, 2012 Councilmember Tim Scott asked how many salaries with the new cap have been reached or maximized that cap? Mayor Buttigieg stated that he believes the answer is none. He stated that they tried to change the approach that they used to have. He recalled that it often used to be a matter of course that what ever maximum the Council established they would hire in at that maximum. He stated that any of those salaries that were raised and he believes that on every one of them, they have left some headroom hopefully to grow as incumbents in those positions continue to demonstrate excellence. Councilmember Schey asked that in reviewing the department reports that the administration has prepared for the Council which was very helpful, one report that she found very interesting and would love to hear the administrations thoughts was from the Community & Economic Development Department. She stated that the Council and the Mayor ran their campaigns on economic growth and development and the need for the city to really move forward in that area. She stated that this is more of statement but would like to hear thoughts from the Mayor. She stated that as a new Councilmember she found it very encouraging that in the short time that she has served on the Council, they have already including tonight’s meetings had eight (8) abatements come before the Council for substantial investments and job growth. She stated that when she reviewed the reports from Community & Economic Development Department for last year, she stated that they are already ahead of what was filed for the entire year. She stated that she thinks there were four (4) or five (5) abatements filed in 2011. So as a new Councilmember, somebody who is hoping to encourage her constituents when they ask her what they are doing in terms of economic growth and development, states that we are already seeing promising signs of growth. She stated that they have had over $50 million dollars worth of investments come before the Council for tax abatement. She stated that she would love to hear the Mayor’s comments and if he is equally encouraged. Mayor Buttigieg stated that yes that is a great point. He stated that they have noticed the same trend and it is very encouraging to see just year to date this year, the level of investment in dollars just north of $30 million dollars associated with the tax abatement program already exceeds or pace to exceed what they got in the whole year last year. He stated that it is certainly an indication in his view that there is something of a wind in sails of the local economy. He stated that he thinks it is something great for Councilmember’s to point to if anybody is asking for encouragement. He stated that it is only half way into the year, it is early and they are not out of the woods by any means when it comes to the local or regional economy, but certainly takes it as very positive news. He stated that they will be tracking that number as an indication of continued local growth, especially on the commercial/industrial side. Councilmember White asked the Mayor to share with the Council, that he had made note in his State of the City Address that he had been meeting with the school superintendent and share with the Council a little bit about those discussions and any direction that he sees the city and the school administration moving towards. Mayor Buttigieg stated that he tries to keep open lines of communication with the school corporation and do that among other things by making sure that he has a regular pulse of meetings with Dr. Schmidt. Recently they came together not only in a meeting of the two of them but one that also involved a number of local employers. He stated that the goal there was really to pull together a number of the local businesses that say they are struggling to fill open positions. He stated that even as they note that there is a great deal of local unemployment. So they pulled together Dr. Schmidt along with Dr. Coley of Ivy Tech and Gregg Volmer of Work One to try to figure out where any of those gaps are and hopefully come out of that with some direction as those conversations continue. The meetings have not resulted in any formal initiative that he would bring to Council at this time. He stated that they are clearly under a level of budget pressure, as much as we are, so there are questions about resources that they are facing and wrestling with in the school corporation. He stated that he does think that over time one area of clear collaboration that is going emerge is making sure that they are able to address challenges among the youth of the area; it seems to him to be an obvious area for collaboration 5 REGULAR MEETING MAY 14, 2012 between the administration and the school corporation and he stated that can’t happen without leadership also from the Council. He stated that he may ask the Council in the future to work with him to visit areas where they might want to consider pro-actively committing resources to that effort. He reiterated nothing formal or articulated at this time. Councilmember Oliver Davis stated that with all the recent challenges that they are facing, what is going to be done to reassure the people of South Bend that the City of South Bend is still safe. Mayor Buttigieg stated that for one thing, they can demonstrate how much of the community cares about the safety of our city. The number of people who have spoken up, organized, pulled together in their way, in various different ways to come together shows at least that we have no problem when it comes to awareness or passion or commitment around the commitment of safety. He stated that he is not satisfied with the level of violence that they have observed so far. He stated that they have not yet got to summer and will have to see whether the spike in violence that was observed in the spring is going to be a pattern that carries through the year or not. He stated that they cannot be content to wait and see what happens. He stated that they are ensuring that they double down on the city’s commitment of community policing. One thing that just happened today was a part of the Weed & Seed Program. He stated that he has spent some time at Muessel Primary Center, where there is a really inspiring partnership between Police Officers and kids, trying to make sure that the kids often in the neighborhoods most effected by this issue, unaware that they can regard police officers as their friends, that the officers are they to help them and try to build a level of trust. He stated that he will also be participating in the Walk with a Cop effort. The idea here is to make sure that police officers are spending time outside of the car and actually engaging in the neighborhoods in the areas that they are sworn to keep safe. In order to signal mild support for this program it’s something that he will get out and do himself with an officer. It might be something that Councilmember’s might find interesting. He invited all to participate. He stated that it is just not only law enforcement, it’s a community effort, an all hands on deck, but those are some of the areas that they are most concentrating on. Councilmember Oliver Davis asked how are all going to be treated fairly when it comes to policing. Mayor Buttigieg stated that they cannot police their way out of this problem. He stated that it is really a community wide issue to make sure that we are safe. He stated that they are all trying to make sure that trust between the police department and the citizens are reinforced. He stated that he does believe that the effort to increase traffic enforcement will bear fruit when it comes both to traffic safety and a broader sense of police presence. He stated that if there are any indications that there are even any appearances that this policy is being applied unfairly, he would like to know about it right away. Councilmember Henry Davis stated that there was a program in the State of Michigan called the Michigan Job Works program that would probably work really well here and asked Mayor Buttigieg to look into getting something like that here. He stated on another note that he expressed his discontent by walking out of the committee meeting earlier today. He stated that he is looking at a document and another document as well and stated order, he stated that he said that word about seventeen times earlier today “order” He stated that as a Councilmember there is a level of respect and thinks that all of his colleagues expect to have and receive when they are approached by a member of the community or in this matter a department head. He stated that when they have an opportunity to a fluid dialogue between a department head and a councilmember, he being a Councilmember doesn’t expect a department head to question him on what is he doing to police the community. He stated that he is not the Police Chief, that is the Police Chief’s job, now he can participate in a conversation and give ideas, or perhaps situations, or even perhaps even like advocating for more dollars if there is a program that needs more funding, but his job is not to police the community, he does his fair share of mentoring, knocking on doors, community service projects, the whole nine, but that’s not 6 REGULAR MEETING MAY 14, 2012 what we were talking about back there, we were talking about the job of a Police Chief, and he expects and even respect if the police chief was in a position to answers those questions without getting a bit agitated or even defensive about what his job title requires him to do. He gets paid for that job just as well as he gets paid to be a council person. So when he asks a question about the functions of a police department, he expects that the person who is getting paid to do that job to be able to answer that question, if they can’t maybe we could talk about it later on. He stated that he doesn’t believe that it’s a park bench idea; he doesn’t think that it is asking for too much. He stated that he thinks that’s probably what’s required as a city employee in that position. He stated that he went a little further with it and since that discussion was open because of the recent violence and a lot has happened in District 2 and a result he has thought about how a police officer’s job is a very dangerous job, and any time a police officer is called is probably because something bad is happening, its not because they want to give them roses and candy. But what he wants to get at is since we talked about this and this is a situation, he went into research mode to figure out how many officers that we have and we are at 260 officers, out of the 260, we have 239 that are male, 21 female. Out of that break down as far as race, 1 American Indian, 1 Asian American, 28 African American, 12 Hispanic, 216 are Caucasian. Now we can go down to the ranks, 14 Captains and above ranks, one (1) in a position of authority is African American, who happens to be the person who was just demoted. Lieutenants 19, (6) six African Americans, Sergeants eight (8) African Americans, Corporals zero (0). He stated that what he is getting at is that if we are going to work at this thing as a community allows us to do what is within our scope. All the other things that we are talking about are extra added on things and are probably a result of what is going on here, if we maximize what we are supposed to do at this level and maybe we will have these conversations later on with the Digger Phelps or another community advocate who wants to see better in their community. He stated that what he is asking the Mayor is that we participate at that level before we get way out there into the middle of the ocean and forget that there are some foundation issues that need to be taken care of. One of the foundational issues is racial sensitivity and why don’t we have more of a balance whether they are Latino or African America or some ethnic background in higher ranker positions within the officer rank. Also, why don’t we have better officers working the late midnight shift versus the day shift? Most problems that occur within the City of South Bend happen during when nightfall happens. Rookie cops potentially don’t necessarily know how to defuse a situation like a 30 year veteran would know how to. He stated that he could be assuming the wrong thing but he is guessing that experience does matter when you are dealing with police officers and the community. He stated that he just has a really, really difficult time. He stated that he also received another document as well that he has here and it deals with the officer that he is talking about and wanted to discuss this with the Mayor as his appointment because he thinks there are some sensitivity issues that need to be look. He thinks that it is quite insensitive and it’s a minority police officers association of South Bend that is the plaintiffs versus the City of South Bend that took place in the early 1980’s. He stated that which includes some of the officers that are in higher ranking positions now and he thinks that they really need to talk about when we are talking about sensitivity and working with the African American males, because this just says minority police officers association, so he is assuming that minority probably would say that either they are Female, African American or Latino, but is probably going to guess that they are African American men. He stated that he thinks there are some things that we really need to look at that are foundational before we being with this plethora of ideas and creative juices that are going to rectify a long standing issue in this community, it didn’t get here overnight and its not going to be corrected overnight, but we need to get back to the foundation of the issue. Mayor Buttigieg stated that he appreciates the thoughts offered earlier about order and the way that we can best interact in order to approach the Council. He stated that he thinks that when the efforts in the community, when and if, the efforts in the community around youth violence lead to the call for formal action by government, especially if it involves the commitment of any resources that is something that needs to come by an initiative offered by the administration brought to the Council for the Council do decide whether to act. He stated that there may be a lot of value in exploring that approach. He also wanted to make clear that certainly his administration goal for any city department 7 REGULAR MEETING MAY 14, 2012 and especially for the police department is to move toward a reality in which it reflects the richness and the diversity of South Bend. It’s an important part of how we can build trust between police officers and relationships between police officers and the community that they serve. He stated that they have been working in the police department and have been working some time largely to move towards this goal through intensified recruiting efforts to try to make sure that more people are attracted to apply to the department who represent any of the minorities. He stated that he would certainly welcome any suggestions from the Council, should any members have thoughts to better move us closer to that goal. He stated that he thinks a goal that we absolutely all share. He stated that he thinks that our community is many ways is being tested by this challenge of youth violence and it is going to test our ability to come together and hammer out an approach that may or may not involve government or other citizens groups in varying degrees. There are a lot of lines along which we are used to dividing, that may come between us in achieving this goal, but has great confidence in South Bend and great confidence in South Bend leaders, including the elected leaders of this Council to make sure that we do in fact make tangible progress toward a safer, happier, healthier city. Councilmember Henry Davis stated again its insensitive, young black males being murdered, senselessly, are not a test, it’s an indictment. It’s not a test, they don’t get their lives back, their families are not glowing because of it, the community suffers from it, so it’s not a test, it’s a mandate, an indictment against what we probably haven’t done, and it’s not a test. Councilmember Oliver Davis stated that we voted in our budgets last year to have monies for the bridge that is by the Kroc Center. A lot of people are saying that the Kroc Center is up and going and flowing, but the bridge is not. He stated that we need to have an update on when is that going to be done as soon as possible. He stated that when he was at the Rum Village Neighborhood Association, they were concerned with the Fire Station that was being built on Prairie Avenue. He stated that everybody was excited about the new fire station being built and now it was said that they are not going to get a new fire station and that they are just going to fix the old one and move on. He stated that was against what everyone had been told and planned for. So he would like an update on that and also with the Ewing Avenue project over there the infrastructure it is very dangerous when you look at coming off by the Subway and gas station over there. He stated the members of the Rum Village Association gave him an earful and rightfully so, because they were promised by the prior administration that these things were going to be done and have yet to be started. Mayor Buttigieg stated that he will investigate those three issues and provide an update at the next available opportunity. Council President Dieter stated that he has a lot of questions and comments but he is not going to go into that because we don’t have enough time for that. He stated that in regard to the Muessel and Weed & Seed thing, who was there today and what was talked about. Mayor Buttigieg stated that there was a pizza party for third and fourth graders who created coloring books to cap off the program. A number of members of the police department were there led by Lt. Dick Powers who has been doing terrific work in community policing as well as a number of other officers who have been participating. Dr. Schmidt was also on hand. It was a great opportunity to recognize some of the partnerships that have emerged in our community. President Dieter stated that he is going to meet with the Mayor and other administrative staff on some of things that Councilmember Henry Davis talked about, one in regard to the rank structure there at the police department, certain things that they talked about at the Town Hall Meeting, and the Weed & Seed stuff. President Dieter stated that he appreciates the Mayor’s time and all the questions and the follow-up of questions that will be addressed later. Councilmember Oliver Davis questioned when will the funding for the illegal dumping need to come back to the Council for further appropriation. 8 REGULAR MEETING MAY 14, 2012 Council President Dieter stated June and will be discussed during the budget hearings. Councilmember White stated that the process for procedures and funding for illegal dumping took two years. She stated that there has been positive feedback from the citizens as well as the administration, so she is hoping that further funding will be provided and can be discussed during the budget process. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:47 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 13-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES Councilmember Gavin Ferlic made a motion to continue this bill indefinitely. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 14-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, SECTION 2-12.3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURE FOR ADDRESSING CITIZEN APPOINTMENTS Council President Derek Dieter, Chairperson, Council Rules Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Councilmember Oliver Davis, 1801 Nash Street, South Bend, Indiana, made the presentation for this bill. Councilmember Oliver Davis stated that he is one of the three sponsors’ along with Councilmember Henry Davis, Jr. and Councilmember Karen White. He stated that this bill would update the Council’s current regulations for making citizen appointments to the various boards, commissions, and other agencies. He stated that the ordinance would have as part of the application process that each applicant includes his or her cell number, as well as their e-mail address. Additionally it calls for a quarterly update from each citizen appointee via sending such quarterly reports via e-mail. Such reports would summarize past activities as well as ongoing and/or upcoming key activities which care under consideration. He noted that they believe the proposed amendments would assist the Council with regard to receiving regular and systematic informal updates from each of our citizen appointments. 9 REGULAR MEETING MAY 14, 2012 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-123.2 ADDRESSING REGULATIONS AND REPORTING MECHANISMS ON CITY USAGE OF ALTERNATIVE FUELS: COMPRESSED NATURAL GAS (CNG) AND LIQUEFIED NATURAL GAS (LNG) AND RELATED ENERGY EFFICIENCIES Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Councilmember Henry Davis, Jr. 5117 Idlewood Dr. South Bend, Indiana, and Councilmember Oliver J. Davis, 1801 Nash Street, South Bend, Indiana, made the presentation for this bill. Councilmember Henry Davis, Jr. advised that he along with Councilmember Oliver J. Davis, are the co-sponsors of this bill. He stated that this bill would amend the City Code by incorporating semi-annual reporting updates to the Council by those in the City Administration charged with implementing energy efficiencies. In addition to updates on ongoing programs in this area, such reports would provide regular and systematic updates on the development of energy policies within the City. He stated that they acknowledge that City of South Bend is involved in the development of a Strategic Energy Plan to address the current and long-term energy need of the city. However, completing the information loop on these endeavors, by regular updates and discussions may enhance these programs by raising greater awareness. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Sam Brown, 222 E. Navarre, South Bend, Indiana, advised that he has worked for NIPSCO for 32 ½ years. He stated that he is in favor of using alternative fuels, however, they are very dangerous and the City needs to provide training for the employees that will be handling these alternative fuels. Mr. Brown stated that safety must be a priority. He urged the Council to take this into consideration. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Scott 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 nine (9) ayes. 10 REGULAR MEETING MAY 14, 2012 BILL NO. 16-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION DATED AS OF APRIL 1, 2003, AS AMENDED, PREVIOUSLY ENTERED INTO FOR THE CONSTRUCTION AND EQUIPPING OF A NEW CENTRAL FIRE STATION AND RENOVATING AND EXPANDING THE POLICE STATION AND REGARDING CERTAIN RELATED MATTERS Councilmember Dr. Fred Ferlic, Chairperson, Health & Public Safety 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. Councilmember Derek Dieter disclosed that he is a member of the South Bend Police Department and has been since 1975. He stated that after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exits. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Neal advised that the bill authorizes the Building Corporation to refund the 2003 Bonds and approve the sale of Refunding Bonds in an amount not to exceed $16,100,000.00 in order to reduce the lease rentals payable by the City under the terms of its Lease with the Building Corporation. The result of this effort is to save the City at least $450,000 over the remaining life of the Refunding Bonds. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote nine (9) ayes. RISE AND REPORT Councilmember Scott made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:07 p.m. Council President Derek Dieter presided with nine (9) members present. 11 REGULAR MEETING MAY 14, 2012 BILLS – THIRD READING ORDINANCE NO. 10159-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, SECTION 2-12.3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURE FOR ADDRESSING CITIZEN APPOINTMENTS This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10160-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-123.2 ADDRESSING REGULATIONS AND REPORTING MECHANISMS ON CITY USAGE OF ALTERNATIVE FUELS: COMPRESSED NATURAL GAS (CNG) AND LIQUEFIED NATURAL GAS (LNG) AND RELATED ENERGY EFFICIENCIES This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10161-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION DATED AS OF APRIL 1, 2003, AS AMENDED, PREVIOUSLY ENTERED INTO FOR THE CONSTRUCTION AND EQUIPPING OF A NEW CENTRAL FIRE STATION AND RENOVATING AND EXPANDING THE POLICE STATION AND REGARDING CERTAIN RELATED MATTERS This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Schey seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO.12-37 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S. 12 REGULAR MEETING MAY 14, 2012 WALNUT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC Councilmember Gavin Ferlic made a motion to continue this bill until the May 29, 2012 meeting of the Council, at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4176-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1801 COMMERCE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR R 2 DIAGNOSTICS, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1801 Commerce Drive, South Bend, Indiana, and which is more particularly described as follows: E PT Lot 25 Airport Industrial park Phase II- Sec 33-38-2E Cont .40 acres+/- W 287 FT of Lot 25 Airport Industrial Park Phase II-S.W.1-4 Sec 33 -38-2E 1.57 acres S 80-5 FT of Lot 24 S.W. Sec 33-38-2E and which has Key Numbers 025-1008-033502; 025-1008-033508; 018-2183-688612; and 018-2183-688603 be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Personal Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; 13 REGULAR MEETING MAY 14, 2012 C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Henry Davis, 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. Mr. Jeff McGowan, CPA, 210 S. Michigan St. Suite 200, South Bend, Indiana, made the presentation for this bill. Mr. McGowan advised that R2 Diagnostics, Inc. manufactures and sells clot based diagnostic kits that test for bleeding and clotting disorders. R2D uses proteins from Enzyme Research Laboratories (ERL) to ensure the highest quality final products with no lot-to-lot variation. ERL is the primary supplier of coagulation and fibrinolytic proteins for the research community. The Company’s products are distributed worldwide to researchers and pharmaceutical companies to aid in the development of novel therapeutic 14 REGULAR MEETING MAY 14, 2012 compounds and assays to diagnose and treat coagulation/hemostatis disorders. R2D intends to purchase equipment in the amount of $459,500 to complement current equipment in order to support client demands and higher volume. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Henry Davis, Jr. made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4177-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL-MOGUL POWERTRAIN, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, nd Range 2 East, 2 P.M., St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East-West Half section line of said East Half North 88 degrees 53 minutes 36 second East 915.58 feet from the center of said Section 21; thence North 0 degrees 56 minutes 57 seconds West 338.80 feet; thence North 88 degrees 53 minutes 36 seconds East, parallel with the East-West half section line of said Section, 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East-West half section line of said East half the point of beginning, and containing 26.203 acres, more or less and which has Key Number 25-1013-0218 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. 15 REGULAR MEETING MAY 14, 2012 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Henry Davis, 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. 16 REGULAR MEETING MAY 14, 2012 Trent Rock, Federal Mogul, 3605 W. Cleveland Road, South Bend, Indiana, made the presentation for this bill. Mr. Rock advised that Federal-Mogul Powertrain, Inc. is a manufacturer of automotive pistons. Customers include most of the major foreign and domestic automotive manufacturers. Operations in South Bend began in 1987. Federal-Mogul, Inc. has maintained employment levels consistently between 300 and 400 full time positions with total salaries between $18 million and $20 million. Total gross sales generated from the South Bend facility averaged $82 million over the past five years. Approval of this application will allow for continued capital investment in the South Bend facility. Without additional investment and greater production efficiencies offered by newer processes and new product lines, more than 70% of the existing production would likely be shifted outside of Indiana most likely to another country. The project will invest $18,340,000 in new manufacturing equipment including: 1) a Gen V 5.3 L Piston Line; 2) a Gen V 4/3L/6.2: Piston Line; 3) a LKW 2.5 L Piston Line; and 4) an aluminum bulk metal furnace. Additionally, they will install a new R & D prototype lab costing $3,462,000. The total project cost is $21,802,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Henry Davis, Jr. made a motion to adopt this Resolution. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4178-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AGREEMENT EXTENDING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, on November 28, 1990, the National Affordable Housing Act (NAHA) of 1990, also known as the Cranston-Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and WHEREAS, NAHA requires any governmental unit to formulate and submit appropriate plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grants (CDBG), the HOME Investment Partnership Program (HOME), Emergency Shelter/Solutions Grants (ESG), as well as to be eligible to receive funds from new housing assistance programs created by NAHA; and WHEREAS, I.C. 36-1-7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise, jointly or by one entity on behalf of the others, powers that may be exercised by such units severally; and WHEREAS, pursuant to the Interlocal Cooperation Act, the Cities of South Bend and Mishawaka, and the County of St. Joseph, being contiguous units of general local government have formed the St. Joseph Housing Consortium, which, by agreement of the member entities, is to terminate on December 31, 2012; and WHEREAS, the Cities of South Bend, Mishawaka, and St. Joseph County are desirous of re-establishing the Consortium for the purposes of receiving an allocation and participating in the HOME, CDBG, ESG, and all other housing programs administered by HUD for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs, including using a January 1, start date for each program year; and WHEREAS, substantially similar resolutions will be approved by the St. Joseph County Council and the Mishawaka Common Council, 17 REGULAR MEETING MAY 14, 2012 NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRATNED THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36-1-7, THE INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. THAT The Common Council of the City of South Bend, Indiana has considered and hereby approved the extension of an participation in the St. Joseph County Housing Consortium for purposes of the formulation, update, submission and implementation of applicable plans and programs and the implementation of the HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and other housing assistance programs funded by the Department of Housing and Urban Development (HUD) under the National Affordable Housing Act of 1990 (NAHA). Section II. THAT The Common Council of the City of South Bend, Indiana hereby authorizes the Mayor to enter into an Agreement extending the St. Joseph County Housing Consortium, in form and substance the same as or similar to that of the Agreement attached hereto. Section III. THAT The Common Council of the City of South Bend, Indiana hereby confirms its commitment to the goals and the reality of fair housing within the City of South Bend. Section IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek Dieter Member of the Common Council Councilmember Henry Davis, 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. Councilmember Tim Scott disclosed that his wife works for the Near Northeast Neighborhood Association and after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exits. th Pam Meyer, Director, Community Development, 12 Floor County-City Building, 227 W. Jefferson Blvd. South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would authorize the Mayor of South Bend to execute documents to renew the St. Joseph County Housing Consortium under an interlocal agreement between the Cities of South Bend, Mishawaka, and St. Joseph County. The Consortium was originally established in 1991 and since that time has brought over 13 million dollars of HOME program funding for low-income assistance into our community. The Consortium’s current agreement covering the period of 2010-12 is set to expire on December 31, 2012. The Department of Housing and Urban Development (HUD) process requires a written notification of intent to participate, and the passage of a resolution authorizing the chief elected officer of the jurisdiction to execute renewal documents. The renewal agreement will cover years 2013-2015. A Public Hearing was held on the Resolution at this time. Councilmember Henry Davis stated that he still has some issues with this bill. He advised that he believes there should be clearer levels of transparency on the dollars received from HUD. Therefore, he won’t be voting in favor of this bill. There being 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 Gavin Ferlic seconded the motion which carried by a roll 18 REGULAR MEETING MAY 14, 2012 call vote of six (6) ayes and three (3) nays (Councilmember’s Henry Davis, Oliver Davis, Karen White.) RESOLUTION NO. 4179-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2012 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS Whereas, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the “Common Council of the city has the sole authority to set the salaries of the police and fire departments…”; and Whereas, pursuant to Indiana Code § 36-8-4-4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix such items as the amount of clothing allowance and that annual cash allowance for clothing , which are considered compensation; and Whereas, the Common Council acknowledges that the Board of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36-8- 3-2; and Whereas, the Common Council received written communication from Chris Baker, Vice-President of the South Bend Firefighter’s Association Local 362 on April 24, 2012 requesting the opening of negotiations; and a similar communication was received on April 5, 2012 from Steven Noonan, President of the Fraternal Order of Police, South Bend Lodge No. 36; and Whereas, this Resolution will formally appoint the South Bend Common Council’s Agent and Chief Negotiator on all matters of compensation and financial matters subject to the upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and Whereas, the Common Council is mindful of the many past positive successes where a Chief Negotiator acts as the Council’s Agent in representing theirs interests, who would in turn appoint an advisory City Negotiating Team and provide updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14- 1.5-6.1(b) (2) (A); and Whereas, the Advisory City Negotiating Team shall not be considered a “governing body” or “public agency” under Indiana Code § 5-14-1.5-2; and Whereas, the South Bend Common Council believes that this Resolution and process will promote positive and harmonious labor negotiations as the upcoming negotiations with representatives of the South Bend Firefighter’s Association Local 362 and representatives of the Fraternal Order of Police, South Bend Lodge No. 36 will soon be beginning. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: 19 REGULAR MEETING MAY 14, 2012 Section I. The Common Council of the City of South Bend, Indiana, hereby appoints Kathleen Cekanski-Farrand, a local attorney, as its Agent and Chief Negotiator for the upcoming labor negotiations with Fire Negotiating Team, representing the South Bend Firefighters’ Association Local No. 362 of the International Association of Firefighters AFL-CIO and the Police Negotiating Team, representing the Fraternal Order of Police, Lodge No. 36. Mrs. Cekanski-Farrand shall be the City’s Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions and related items which would have a fiscal and/or budgetary impact. Section II. The Council’s Agent shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, resource persons and other matters in consultation with the South Bend Common Council, any Agent formally appointed by the Board of Public Safety and City Administration so that she and the Advisory City Negotiating Team may have positive, harmonious and successful labor negotiations which are reasonable, fair and fiscally sound. Section III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Karen White, Chairperson, Personnel & Finance Committee, reported that this committee along with the Health and Public Safety Committee chaired by Councilmember Dr. Fred Ferlic held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this bill. Councilmember White advised that this is a negotiating year with the negotiating teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department. This bill would appoint the Council’s Agent and Chief Negotiator for these negotiations, which has a proven track record of successfully working with the City’s Advisory Teams and union representatives. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Henry Davis, Jr. made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4180-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE MINORITY/WOMEN BUSINESS ENTERPRISE UTILIZATION BOARD’S RECOMMENDATION FOR ENGAGEMENT OF DIVERSITY COMPLIANCE OFFICER 20 REGULAR MEETING MAY 14, 2012 WHEREAS, The South Bend Common Council passed Ordinance 10081-11 on April 12, 2011 which addressed Minority and Women Business Enterprise Diversity Development Programs to promote greater diversity and inclusion of minority and women owned businesses in City contracts and procurement; and WHEREAS, the Ordinance No. 10081-11 created a Minority Business Enterprise and Women Business Enterprise Utilization Board (Utilization Board) and further provided for the designation of a Diversity Compliance Officer to “work with the …Utilization Board and contracting agencies to assist in overseeing, implementing and enforcing this Chapter…” (South Bend Municipal Code See 14.5-2(i) and to provide quarterly updates and an annual report to the Mayor and Common Council; and WHEREAS, the Utilization Board has met regularly over the past many months with the priority goal of identifying the most qualified person or entity to serve as Diversity Compliance Officer, a process consisting of several steps including the preparation of a Request for Proposal containing a detailed job description attached hereto as Exhibit “A”, the preparation of a scoring matrix to objectively evaluate prospective candidates based upon scoring matrix results; and WHEREAS, the Utilization Board has identified and recommends the appointment and engagement of Trinal, Inc., as the Diversity Compliance Officer for the City of South Bend, and WHEREAS, the Common Council appropriated the sum of Sixty-Seven Thousand Five Hundred Dollars ($67,500) in the City of South Bend’s 2012 budget for services to be performed by the Diversity Compliance Officer. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. By recommendation of the Utilization Board, the corporation Trinal, Inc. is hereby appointed as the City of South Bend’s Diversity Compliance Officer to perform all duties and obligations set forth in Ordinance No. 10081-11 as described more particularly under “Essential Duties” in the Board of Works “Request for Proposals for Diversity Compliance Office Contractual Services” (Exhibit “A” hereto), conditioned upon execution of a contractual Services Agreement to be approved by the Board of Public Works and signed by Trinal, Inc. SECTION II. The Board of Public Works is authorized to sign the Contractual Services Agreement identified in Section I with Trinal, Inc. on behalf of the City of South Bend, subject to approval of such Agreement by the Common Council. SECTION III. Compensation of Trinal, Inc., for calendar year 2012 shall not exceed to sum of Sixty-Seven Thousand Five Hundred Dollars ($67,500) s/Derek D. Dieter Member of the Common Council Councilmember White, Chairperson, Personnel and Finance Committee, reported that this committee along with the Community & Economic Development Committee, chaired by Councilmember Henry Davis, Jr., held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Karen White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this bill. Councilmember White introduced Mr. Anthony Fitts, Member of the MBE/WBE Utilization Board, 1201 E. Fairview, South Bend, Indiana. She stated that this bill would take the next step in carrying out the provisions of Ordinance No. 10081, which was passed by the Common Council on April 12, 2011. That ordinance has been codified into the South Bend Municipal Code as Article 1 of Chapter 14.5 addressing “Minority and 21 REGULAR MEETING MAY 14, 2012 Women Business Enterprise Diversity Development Programs.” The 9-member Minority/Women Business Enterprise Utilization Board were respectively appointed by the Council and the Mayor as of October 19, 2011. The MBE/WBE held their first meeting on November 10, 2011. Since the Board Members were appointed the Board has held twelve (12) meetings to date with each lasting approximately 2-3 hours; a round table discussion at the Natatorium on March 21, 2012 which provided an opportunity for input from the community and businesses; and participated in the “Minority and Women’s Business Enterprises Division of Northern Indiana Resource Fair” held at Saint Mary’s College on March 15, 2012, which was sponsored by the State of Indiana’s Department of Administration. Mr. Fitts advised that an update was provided to the Community and Economic Development Committee and input from the Council was requested prior to the Request for Proposals (RFP) being advertised by the Board of Public Works. A total of four (4) responses to the RFP were received. Each response was reviewed, scored and ranked by the MBE/WBE Board based on all of the information provided by each party. The top two (2) candidates were interviewed. Based on these detailed procedures which were uniformly applied, the MBE/WBE Board recommends to the Common Council that a one-year contract be entered into with Trinal, Inc. to carry out the responsibilities of the Diversity Compliance Officer for the City of South Bend. Mr. Fitts noted that this process has been very detailed and the MBE/WBE Board Members have spent many, many hours volunteering their time and talents to reach this point. He thanked Janice Hall, Director of Human Resources, Gary Gilot, citizen volunteer; City Controller Mark Neal, Phil Custard, Purchasing Manager as well as past and present Council Members. He urged the Council to adopt this Resolution so we can move forward in carrying out the next step to see the City of South Bend implement the MBE/WBE Diversity Development Programs. A Public Hearing was held on the Resolution at this time. Councilmember Henry Davis advised that he has two (2) caveats. He stated that he thought the Board should have it own legal counsel. He also thought that MBW/WBE meeting notices should be disseminated by the Clerk’s Office like any other public meeting notice. Councilmember White made a motion to adopt this Resolution. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING There were no bills for First Reading at this time. UNFINISHED BUSINESS Councilmember Henry Davis would like an update on the status of the Alonzo Watson Bridge. He also stated that he walked with Councilmember Tim Scott and viewed the Beacon Heights Apartment Complex and listened to the concerns of the residence. Councilmember Davis stated that he has had discussions with members of the Chamber of Commerce regarding updating the Tax Abatement Ordinance. He stated that Don Inks, Director Economic Development, will have the tax abatement report filed on June th 15 and from there a series of CED Committee meetings will be set to review the ordinance. Councilmember Tim Scott reiterated that he toured the Beacon Heights Apartment Complex as well as the Courtyard Place Apartments; he stated that they listened to the residents concerns and need to revisit those issues. He stated that the property management as well as tenants need to cooperate to “raise the bar in South Bend.” 22 REGULAR MEETING MAY 14, 2012 Councilmember Oliver Davis stated that he would like to have an update from Code Enforcement and the Park Department on uncut grass. Councilmember Davis also stated that TRANSPO is looking to adjust the bus route to meet the needs of the residents of the Prairie Apartment Complex. NEW BUSINESS There was no New Business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS REGARDING THE DEMOTION OF DARRYL BOKYINS AND THE FIRING OF COMMUNICATIONS DIRECTOR KAREN DEPAEPE Jesse Davis, 1333 E. Calvert, South Bend, Indiana, stated that he is puzzled about the facts regarding the demotion of Darryl Boykins and the firing of Karen Depaepe. He stated that the City Administration needs transparency and the citizens have the right to know what was on the tapes. Samuel Brown, 222 E. Navarre, South Bend, Indiana, stated that he is representing a concerned citizens group and they want to know what was on the tapes. COMMENTS REGARDING YOUTH VIOLENCE IN THE CITY OF SOUTH BEND Rhonda Neil, 2404 Frederickson, South Bend, Indiana, stated that there needs to be trust and communication in government. She stated that she is raising her young grandchild and is scared for his safety. She stated that she has joined various neighborhood watch programs. She stated that she has contact the police department and left various messages and no one has returned her calls. She stated that she has been asking the same questions for over two (2) years. COMMENTS FROM CARLA FLOREK REGARDING A COMPLAINT ON CODE INSPECTOR BRIAN HAYGOOD Carla Coar, 1402 Lawndale, Niles, Michigan, advised that she is a certified arborist which means she owns and operates a tree service and her credentials don’t mean anything until it matters. She stated that she is here for two parts, but first she wanted to apologize because her issue seems so entirely petty compared to all the big issues that the Council is faced with and is truly sorry for bring this issue tonight. On May 1, 2012, they were removing a tree in the historical district in South Bend and have been licensed to work in the City for nineteen (19) years. She stated that they run the most premier tree service here. She stated that she totally cares about everything about her company and the integrity with which it is run. She stated that Chief Inspector Brian Haygood from the City of South Bend’s Department of Code Enforcement visited the site and was acting in a very unprofessional and non-business like manner, very aggressive and uncalled for. She stated that she cannot explain why it happened. Her crew of five (5) were giving Mr. Haygood all the answers that he required. His attitude continued to get worse and worse as the meeting went on. He stated that they were not licensed; however, they were and ticketed her company for $50.00 for not having a small arborist plate on every single vehicle at the site. She stated that is the true reason that she is here tonight. The ordinance for arborists is 4-19 she stated that if you go to the Business Licensing Department, and ask for Michelle Adams and request from her the application and the ordinance nowhere on there does it say that you have to have a plate affixed to every single vehicle prominently if you are going to operate in the City limits. She stated that she has been licensed for nineteen (19) years and she didn’t know it and certainly wants to follow the laws. She stated that she has contested the ticket, but she would like to see a change in the ordinance for current and future arborists so that they have the laws in front of them, simply put, so that they can see and follow the law. She stated that she has information to file with City Clerk John Voorde. She stated that she is placing on record a copy of the ordinance marked so that it can be clearly seen where the errors are and a copy of the letter of complaint for Mr. Haygood’s behavior. 23 REGULAR MEETING MAY 14, 2012 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:00 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 24