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HomeMy WebLinkAbout01-13-75 Council Meeting MinutesREGULAR MEETING JANUARY 13, 1975 REGULAR MEETING Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, January 13, 1975, at 7:03 p.m., Council President Roger 0. Parent presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Counci Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, January 13, 1975, at 7:05 p.m., with nine members present. Chairman Odell Ne presided. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO COMMON COUNCIL STANDING COMMITTEES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Nemeth indicated that he had filed the proposed ordinance in time for the December 16, 1974, meeting, which ordinance amended the code so as to establish a Committee on Claims. He stated that an opinion had been received and it was established that it was the duty of the Council to approve claims of the city. He indicated that, since that time, Council President Parent had suggested an amendment to the ordinance to reduce the total number of committees. Council President Parent briefly explained that his amendment to the ordinance would combine the Committee on Claims, the Governmental Procedures Committee and the Administration and Finance Committee. He further stated that the Law and the Ordinance Committees would be merged into one committee. The Committee on Minutes and the Committee on Fees and Salaries would become a part of the Ways and Means Committee. Because of the infrequent meetings of the Elections Committee, he proposed that this committee would become a special committee appointed by the president of the Council. He then proposed the following amendments to the ordinance: Sec. 2 -10 Standing committees of the Common Council; titles and responsibilities. (a) There shall be seven (7) standing committees organized within the City Council, which shall consist of not less than two (2) members each, and shall be appointed as herein provided by the President of the Common Council. The seven standing committees shall be as listed below: (1) Administration and Finance. (2) Human Resources and Economic Development. (3) Law and Ordinances. (4) Parks and Recreation. (5) Public Safety. (6) Public Works. (7) Ways and Means. The membership of this committee shall include all councilmen, and the chairman shall be the President of the Council. (b) Responsibilities of Council Committees. The general responsibility of each Council committee is to monitor on a continuing basis the departments and bureaus under its jurisdiction, and to report periodically to the Council. All committees shall also deal with the issues referred to them by the President of the Council or by at least a majority of the Council. (c) The first named member of each committee shall be chairman, and in his absence, the next named member. (d) The committee shall meet on the call of any two (2) of its members in case the chairman is absent or declines to call such meeting. (e) A special committee, when its report (if made) is disposed of and it has no other business, stands dissolved without motion; but an affirmative vote on recommit- ment has the effect of reviving such committee. (f) The report of a minority of a committee shall be regarded as an amendment to or substitute for the report of the committee. (g) When any matter has been referred to a committee, the councilman introducing the same shall have the right to meet with such committee during its deliberations thereon, but shall not vote. (h) A committee may not erase, interline or blot any ordinance, resolution or other paper referred to it; but must enter upon a separate paper any amendments it may propose, stating the words which it is proposed to insert or omit, and make reference to page, line and words of the original paper. (i) All reports of committee shall be in writing, and majority reports shall be signed by a majority of the members thereof. Councilman Serge made a motion to so amend the ordinance, seconded by Councilman Nemeth. The motion carried. Councilman Taylor then made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Serge. The motion carried. REGULAR MEETING JANUARY 13, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $26,986.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Cappy Gagnon, Executive Director of the Yout Services Bureau, residing at 2901 Miami Street, made the presentation for the ordinance. 'He explained that he was requesting funds for the continuation of the outreach program at the Youth Services Bureau. He indicated that this would involve the continuation of the salaries of five members of the staff. He stated that the program had been expanded in scope last year, and a few recommendations made by the Council had been accomplished. He was hopeful that the County Council would have a proposal for the bureau within the next few months. He stated that a request would b made to the County Council to pay the salary of a sixth outreach worker. The program had also bee expanded into the schools, and the van purchased last year was definitely needed and was utilized very frequently. Approximately 9,000 miles have been put on the van since its purchase, and Mr. Gagnon was sure that well over 1,000 persons had utilized it. He indicated that nothing new for 1975 was being proposed in the way of new programs. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, indicated that he had heard enthusiastic words of praise for the program, and he encouraged the Council to act favorably on the appropriation ordinance. Councilman Kopczynski asked about the number of persons on the staff, and Mr. Gagnon indicated that there was the outreach staff and then three members of the staff who run the employment program, whose salaries were paid by the Department of Labor. He indicated that his salary and one other staff person were covered by the last year of the law enforcement grant. He stated that there were also nine student interns; however, they were not paid. Councilman Kopczynski wondered about supervision of the group. Mr. Gagnon stated that the bureau had dealt with at least 3,000 youths. He stated that there was an employment program of 250 people, work was being done in 10 different schools, several recreation projects were undertaken during the summer, and regular cases were referred to the bureau by the Police Department and the schools. He stated that each of his full -time staff members had a current case load from 30 to 50 persons. He indicated that there was no problem with supervision. Councilman Taylor wondered about the outlook for funding from the Juvenile Justice and Delinquency Prevention Act. Mr. Gagnon stated that the act was passed in late November and full funding was not given at that time. He stated that, in the spring, a larger amount of funding was anticipated to be requested. He indicated that the request before the Council -was the smallest conceivable request he felt could be made and still maintain an effective program. He explained that an evaluation was made on the bureau, and he had been told the evaluation was very favorable. He felt the chances of receiving funds through the act were very good. He stated that he did not anticipate coming back to the Council for further funding. Councilman Serge wondered about the total amount of children involved in the program. M Gagnon indicated that presently the bureau served 3,000 persons. During the summer, this amount increased considerably. Councilman Serge wondered about minority groups using the program, and Mr. Gagnon indicated that about 40% of the cases were minorities; however, he indicated that this was not of great concern to the bureau. Councilman Serge briefly talked about the Portage Avenue Youth Group. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. John Walsh, Police Chief; made the presen- tation for the ordinance. He explained that the request for funds would allow for the continuance of the overtime foot patrol program for the next six weeks. He stated that the program has been employed in high crime areas within the city for the past 18 months and there was a definite evidei that the program was effective in many ways. There were no comments or questions. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $106,803.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. Phis being the time heretofore set for public hearing on the above ordinance, proponents and Dpponents were given an opportunity to be heard. Chairman Newburn indicated that the ordinance would appropriate funds for operation of the drug abuse center commonly known as Delos House, and he asked that comments be made concerning that issue. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, stated that the funds being requested woul( allow for one year's funding of the residential treatment center and that the ordinance would only allow for the operational budget and three months at the current location. Mr. Joseph Stephens, ?administrator of the Mental Health Center, residing at 3417 Oakcrest Drive, indicated that the budget had been carefully reviewed and represented a 10% decrease from the original 12 -month budges which was proposed. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wonder( about the monitoring of expenses within the budget. He expressed concern about this. Mr. Hojnack: indicated that the money is allocated to the Mental Health Center on a contractual basis. Mr. Evans wondered if Mr. Hojnacki was satisfied with the appropriation request, and Mr. Hojnacki stat( e REGULAR MEETING JANUARY 13, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) that he was quite satisfied, and he felt the budget was realistic. Mr. Evans stated that the drug abuse program had additional sources of funding. He wondered how an intelligent decision had been made on how much the city would provide. He also wondered about the total need of the program and the total receipt of funds from all sources. He hoped the Council would find out the answers to those questions. Chairman Newburn asked if Mr. Stephens could provide answers to those questions. Mr. Stephens stated that there were several components to the program. One was the Lighthouse Treatment Center which received funds from the National Institute of Drug Abuse on a per capita basis. The next component was Aurora House, which was the day treatment area supported through the general funds of the Mental Health Center. He stated that these funds come from St. Joseph County and the State Department of Mental Health. He stated that the central services component was supported by the ordinance and general revenues of the health center. He stated that Delos House was supported solely by the City of South Bend, except for a small amount of revenue which was received from the Bureau of Prisons for clients who are probated from the prisons to the program. He indicated that, in the life of the Delos House program, that source of revenue brought in approximately $6,000. Mr. Paul Bognar, 807 West Washington Street, wondered if any of the money would be used for relocation of Delos House or the purchase of other property for the program, and Mr. Stephens indicated that it would not be used for relocation. Mrs. Delores Kovas, 608 Park Avenue, wondered about the amount of $14,000 which had been reported in the newspaper as funds being received from the Bureau of Prisons. She stated that Mr. Stephens had previously stated that only $6,000 had been received. Mr. Stephens indicated that the amount of $14,000 was the total amount received; however, only $6,000 had been put into the Delos House operation. Mr. Geoffrey Newman, Chairman of the Metropolitan Drug Abuse Council, residing at 1955 Brookmede Drive read a statement in support of the continuation of the program. He talked about the need for a residential treatment center within the drug abuse program, and the need for a comprehensive pro- gram in South Bend. He asked that the Council give the program time to function. He indicated that it was not the wish of the program to cause disruption within the community. He commended the Council and the administration for accepting the idea of a site relocation committee for the controversial residential treatment center. He indicated that the program desired to move and would move as soon as an appropriate place was found. Mr. Donald Fisher, 909 Riverside Drive, indicated that the residents in the area of Delos House were very grateful at the apparent efforts of the committee to relocate the controversial treatment center. He thanked the Council for its cooperation and its sincere interests of the citizens. Councilman Taylor made a motion to add a clause to the ordinance that provided for a line item budget as prepared by the Northern Indiana Drug Abuse Services, seconded by Councilman Horvath. Councilman Nemeth wondered if a new ordinance would have to be drafted if the line items were to be included. Mr. Walter Lantz, Chief Deputy Controller, stated that the reason the ordinance was drafted as proposed was because the program was administered by the Mental Health Center. He indicated that, if the amendment did not interfere with the basic structure of the ordinance, ther would be no problem. Councilman Miller wondered if the Council could insert a clause such as "the amounts under services contractual shall be spent as shown below" and then attach the budget to the ordinance. Councilman Nemeth suggested that perhaps the budget could be marked as an exhibit and incorporated into the ordinance. Councilman Taylor withdrew his previous motion and Councilma:. Horvath withdrew his second to that motion. Councilman Nemeth asked that the Attorney's Office provide the Council with the necessary wording in time for the second reading and final action on the ordinance. Councilman Szymkowiak wondered how much money was contributed to the program from the United Way. Mr. Stephens indicated that the United Way does not contribute to the program but contributes to the Mental Health Center in approximately the amount of $9,000 per year for the components of the center, such as capital equipment. He stated that, in the past, the United Way had contributed for operation of programs but now only contributed its funds for capital equipment Councilman Szymkowiak wondered about the total amount needed for the drug abuse program for the year. Mr. Stephens indicated that the total program would cost approximately $375,000 a year. Approximately $275,000 would come from other sources, with the city contributing $100,000 in reveni sharing funds. Councilman Szymkowiak wondered about the total number of patients being served. Mr. Stephens indicated that 109 clients are benefiting from the drug abuse program. He stated that the number of people treated annually was in the thousands. He indicated that the success of the program could not be made merely on the number of persons enrolled in the program. Councilman Szymkowiak wondered who set the salary for the staff members, and Mr. Stephens indicated that the Board of Directors of the Mental Health Center administered that aspect of the program. Councilma] Szymkowiak felt the Mental Health Center should be separated from the drug abuse program. Council Kopczynski wondered about the average daily residence at the Delos House during the past few months. Councilman Miller indicated that the average number was 18. Councilman Kopczynski indica that the budget had been prepared and based on 25 persons. He wondered how much money was left from the past year's budget. Mr. Stephens indicated that the last appropriation was to carry the program to February 15th. He felt there might be a small deficit at that time. Councilman Kopczynski indicated that the budget was based on the anticipated enrollment of 25 persons. He stated that only 18 persons were enrolled: 12 at the Delos House and 6 outpatients. He wondered how many of the 12 persons at the Delos House received a salary, and Dr. J. Rene Wilett, Executive Director of the Northern Indiana Drug Abuse Services, indicated that none of the 12 individuals enrolled in the program received a salary. Councilman Kopczynski indicated that he understood tha some of the advanced patients were doing counseling work. Dr. Wilett indicated that this was not true. Councilman Kopczynski indicated that the living accommodations were not adequate for 25 persons. He felt the budget should be adjusted to the amount of people in the program. Council President Parent stated that he was proud of the services being provided to the community. He felt that, for a program that was supposed to be experimental, the present request should be approved. Council President Parent made a motion to recommend the ordinance favorably to the Common Council, seconded by Councilman Serge. Councilman Horvath stated that he felt the Council had committed itself to the drug abuse program, and he hoped the council would approve the appropriation of the requested funds. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $100,000.00 TO ACCOUNT NO. 260.0, "OTHER CONTRACTUAL SERVICES ", IN THE CUMULATIVE CAPITAL IMPROVEMENT FUND BUDGET FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and RECRJT AR MFFTING JANUARY 13, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) opponents were given the opportunity to be heard. Mr. Patrick McMahon, Manager of the Bureau of Public Construction, made the presentation for the ordinance. He stated that, by the appropriatioi of $100,000 in the Cumulative Capital Improvement Fund, the city was providing a payment vehicle for the loan received from the Department of Natural Resources for the rehabilitation of the South Bend Dam. This was being done in this manner to present the best audit trail, and the fund would be used for the repayment of the loan over a 10 -year period. There were no comments or questions. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $57,033.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE CIVIC CENTER PROJECT, TO BE ADMIN- ISTERED BY THE CIVIC CENTER AUTHORITY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. John Everitt, Director of the Century Center, residing on Wildflower Way, indicated that the ordinance represented the minimum amount needed for the Century Center to operate for the 1975 calendar year. Mrs. Frederick Mutzl of the Board of Directors of the Fair Tax Association, wondered if there was enough money available in revenue sharing funds for the program. Mr. Walter Lantz, Chief Deputy Controller, indicated that several of the appropriations listed on the agenda were not new appropriations, only the appropriation of unspent monies previously approved in 1974. He stated that, in the new appropriations, there was sufficient money available. He also stated that more money would be coming in every quarter in 1975. Mrs. Mutzl wondered if there was sufficient revenue for the Bus Company operation. She felt this was an important matter. Chairman Newburn indicated that he hoped there would not be discussion on that issue at this time. He assured Mrs. Mutzl that every program utilizing revenue sharing funds was thoroughly reviewed and scrutinized by the Council. Councilman Kopczynski state( that he was Hopeful the Civic Center would be a success. Mr. Everitt felt the center would be of great benefit to the community and would bring pride and joy to the City of South Bend. He indicated that many people probably wondered if the Century Center should be a top priority, and he felt that, once the building was constructed and completed, those people would change their minds. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $18,516.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF.LAW. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Robert Parker, Chief Deputy City Attorney, made the presentation for the ordinance. He indicated that the Legal Department had utilized the services of four legal interns in the past to help in the research work the department was involvec in. He stated that, as a result of their efforts, the attorneys are able to spend their time on more sophisticated legal matters and more time is available for court work and participation at hearings, etc. He stated that Mr. Roemer had requested the amount of $18,516 for 1975, which was an increase over the 1974 appropriation, because he had felt the rate per hour should be increased from $3.50 to $4.00 in order to be competitive with all other intern programs in the city. He added that the department has also had to hire a typist to keep up with the work load generated by the interns. There were no comments or questions. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $2,367.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE DEPARTMENT OF PUBLIC PARKS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Robert Niezgodski, Assistant Superintendent of Business, made the presentation for the ordinance. He explained that the department was merely re- appropriating the money left in various projects at the end of 1974, as follows: $1,171 in the Services Contractual Account for recreation and general park lighting. $226 in the Services Contractual Account for the Rum Village Nature Center. $321 in the Other Equipment Account for -the Rum Village Nature Center. $649 in the Equipment Account for the Potawatomi Pool filtration system. At this point in the meeting, Chairman Newburn indicated that he wished to recognize a group in attendance at the meeting because it appeared they were about to leave. Mr. Robert Parker, Chief Deputy City Attorney, indicated that the group was part of the Children of the American Revolution Councilman Kopczynski wondered if there were any funds available for work at the Belleville Garden Park, and Mr. James Seitz, Director of the Department of Public Parks, indicated that the departme t was planning on requesting funds for that purpose in the near future. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common Council., seconded by Councilman Horvath. The motion carried. REGULAR MEETING JANUARY 13, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $10,200.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of Public Parks, made the presentation for the ordinance. He explained that the funds being requested would be used to pay for architect and engineering services for plans and specifications for the proposed Pier Park. He indicated that the cost of the fees and development cost for the park had originally been included in the park bond issue that was defeated in November. He stated that the Park Department had received approval of a $75,000 grant from the Department of Natural Resources for the Pier Park development and was in the process of trying to obtain funds for the development so that the city could use the grant. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered if the amount of $10,200 would be the matching funds for the grant. Mr. Seitz indicated that the $75,000 was a match for the total construction of the park, and the grant was approved by the Department of Natural Resources and sent on to the Bureau of (Outdoor Recreation. Mr. Evans wondered if the services had already been contracted, and Mr. Seitz indicated that they had been; however, this was one of the requirements in a bond issue, and it wa very unfortunate that the entire issue had been defeated because of the zoo. Councilman Miller tasked about the total cost of the project. Mr. Seitz indicated that the total cost was $150,000. He stated that the plan was the same as the plan included in the river study. Councilman Miller wondered if the estimate in the river study was $150,000, and Mr. Seitz indicated that he thought the river study plan might have been even more, and he estimated that figure at $170,000. Council Miller wondered if approval had been given to the development of the park, and Mr. Seitz indicated that Councilman Miller had referred to the Bicentennial Park, not the Pier Park. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, 'seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $390,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, made the presentation for the ordinance. He stated that the ordinance merely re- appropriated funds previously approved by the Council for the southeast side development program, funds which were not spent prior to the end of 1974. He assure the Council that the full amount of the money would be expended within the first six months of 197'. Mr. Ed Drummond, 629 West LaSalle, the Grant Coordinator for the Housing Task Force of the Urban Coalition of St. Joseph County, read a statement of the organization supporting the efforts for rehabilitation in the housing area. He indicated that some delays were encountered in the southea! side program, but he felt these delays were justifiable. He indicated that the Housing Task Force was impressed with those persons involved in the program and encouraged because of the increased interest shown by the general contractors. He urged that the Council carry over its commitment of last year. Mr. Daniel Stoltzfus, 409 East Broadway, indicated that he was personally interested in the program because he resided in the southeast side, and he hoped the Council would continue it. Mrs. Hazel Smith, 611 East Wenger Street, indicated that she was enrolled in the t -7 program in the southeast side and she was awaiting the beginning of the rehabilitation of her home. She indicated that she intended to remain as a home owner in the area and would keep her home in good repair after initial rehabilitation. Councilman Kopczynski wondered how many contracts had been let at the present time. Mr. Keith Crighton, Director of the Bureau of Housing, indicated that eight contracts have been recommended for award. The total amount was $41,586 for eight structures. Councilman Kopczynski hoped new housing could be blended with the older homes. Mr. Crighton indicated that new construction far exceeded the cost of rehabilitation. Councilman Kopczynski asked that the Council be kept apprise( of the situation on a monthly basis, if possible, as far as number of persons involved, age of the occupants, etc. He hoped that the money, in the end, would not be "illy spent ". He talked about the LaSalle Park project and the problems encountered. Mr. Crighton indicated that, in that pro- ject, bonding requirements were not necessary; however, in the southeast side program, bonding was necessary. Councilman Miller wondered if a breakdown of the $390,000 was available. Mr. Crighton indicated that the budget followed the previous budget approved by the Council. Councilman Miller wondered how much of the $390,000 would be used for salaries, and Mr. Crighton indicated that none of that money would be used for salaries. Councilman Miller wondered about the percentage used foi the emergencies account. Mr. Crighton indicated that $50,000 was allocated for emergencies and nor profit and could be re- appropriated if not spent. The amount of $4,983 to date had been expended on emergencies. Councilman Miller indicated that at least $350,000 would be used for actual rehabilitation of the homes if that was the case, and Mr. Crighton indicated that Councilman Millet was correct. Councilman Miller wondered if there was any provision in the Redevelopment program for refunding back any of the funds appropriated. Mr. Hojnacki indicated that he could not answer that question at this time; however, he felt that could not be accomplished. He felt this would have to be appropriated for at the time of the advance, and this had not been done. Councilman Miller requested that the Council be informed as the money is spent and the contracts come up. Mr, Crighton indicated that the $390,000 would be expended by the June 30th deadline. Councilman Serge wondered if the Council could request an inspection of the rehabilitated homes after the work was accomplished. He requested that this be done, and Mr. Crighton indicated that the Bureau of Housii inspects and the Building Department is contacted for inspection of the electrical and plumbing woi Councilman Serge asked that a list be forwarded to him showing the inspectors, their recommendation and the homes inspected. Councilman Szymkowiak felt the inspection should be accomplished while the homes were being rehabilitated, perhaps on a weekly basis. Councilman Nemeth asked when the Community Development funds for rehabilitation would become available, and Mr. Hojnacki indicated that the funds would be available 75 days after the application was submitted which would be on or REGULAR MEETING JANUARY 13, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) about March 1st. He hoped approval would be given by June lst. Councilman Nemeth wondered how many homes would be rehabilitated, and Mr. Crighton answered by stating that 81 homes would be involved. The homes were located in the area bounded by Calvert on the south, and 80% of the structures were between Michigan and Broadway. Councilman Nemeth wondered what conditions were being placed on the money, and Mr. Hojnacki indicated that there was no guarantee in the contract that the residents would be in a position to maintain the home. He stated that the Advisory Board would be checking into this matter. Councilman Horvath wondered if there was a safety measure that the home owner would not rehabilitate his home with the funds and then sell it for a profit. Mr. Hojnacki indicated that there could be no guarantee that a person would not sell his home once it was rehabilitated. He felt that was a good sign because the homes would then be sellable. Councilman Horvath felt the grant -loan aspect should be reviewed further so that the home owners would match the funds expended for the rehabilitation. Council President Parent wondered about the main problem in obtaining low - interest loans, Mr. Crighton indicated that a mechanism has not yet been developed. He stated that the loan aspect would have to be contracted to the lending institutions. Council President Parent felt this issue should be pushed further. Mr. Hojnacki indicated that, in this instance, a relatively small amount of money was being talked about to be paid back in a short period of time. Councilman Kopczynski asked for a copy of the inspection report on the 81 units being considered for rehabilitation. Mr. Crighton indicated that he would furnish the Council with the report. Councilman Kopczynski wondered if a grant was being given to .those persons who were able to repay the loan for rehabilitation. Mr. Hojnacki indicated that there would be many questions on who could and who could not repay the loans. Mr. Crighton indicated that each individual would have to be studied by credit reports, etc., in an effort to try and determine who could repay the loans and who could not. Councilman Kopczynski felt those persons who could repay the money for rehabilitation should be given the money on a loan rather than a grant. He wondered why the city could not act as a collection agency for the funds. Mr. Hojnacki indicated that the program was a special project for a special area. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, indicated that he had seen the reports on the inspection of the 81 homes. He indicated that these reports were quite extensive and copying them would be very expensive. Councilman Kopczynski indicated that he was not aware that the reports were that extensive, and Mr. Crighton indicated that the reports were on file in the office for public inspection. Councilman Kopczynski suggested that perhaps a summary could be prepared as he was merely interested in getting a breakdown on the homes to be rehabilitated. Mr. Crighton indicated that he could prepare a brief report for Councilman Kopczynski. Council Presid, Parent indicated that he realized that a loan -type program would be very difficult to set up. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $47,073.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Walter Lantz, Chief Deputy Controller, made the presentation for the ordinance. He indicated that the ordinance was merely a re- appropriation of funds not expended in 1974 but previously approved by the Council for the projects outlined in the ordinance. He indicated that, since the filing of the ordinance in December, some of the money had been encumbered, and he requested that the Council amend the ordinance as follows: Reduce the total amount to $22,648.00 Reduce Account 110.0 to $14,641.00. Reduce Account 323.0 to zero. Reduce Account 722.0 to zero. Councilman Miller made a motion to so amend and also to strike Program FA10 because the amount ha been reduced to zero, seconded by Council President Parent. The motion carried. Councilman Serg then made a motion that the ordinance be recommended favorably to the Common Council,as amended, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO THE EXECUTIVE BRANCH OF GOVERNMENT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Nemeth made the presentation for the ordinance. He stated that, in the latter part of 1974, the Council had conducted an investigatio of the Police Department and found that the Safety Director spent 90 to 100% of his time on Polic Department matters. Also, that the vice squad was virtually inactive from March of 1973 until July of 1974; that no more than one- third of the police officers possess a duty manual; that the manual has not been updated despite the fact that an effort had been made to accomplish this; and that the Safety Director failed to .follow the usual operational lines. He stated that the proce- dures of the Safety Director had created dissension within the department; that the Police Chief had not been involved on certain decisions made which directly affected the department; that the educational program needed immediate and serious consideration and that the morale of the depart- ment was poor. Councilman Nemeth indicated that, for these reasons, he had prepared the proposed ordinance which merely restricted the Safety Director from personally interfering in the directio and control of the Police and Fire Departments. He indicated that the statutes provide that the chiefs of both departments should have complete and exclusive control and direction of their respective departments. In an editorial dated December 2, 1974, the South Bend Tribune had stated that the proposed ordinance would not have been necessary if the Safety Director had carried out his role judiciously and if the Mayor had seen that the operational lines of the administration were kept straight. Mrs. Frederick Mutzl of the Board of Directors of the Fair Ta Association, expressed her support of the proposed ordinance. She concurred with Councilman Neme proposal. Mr. Robert Parker, Chief Deputy City Attorney, indicated that the first paragraph of 's REGULAR MEETING JANUARY 13 1975 ICOMMITTEE OF THE WHOLE MEETING (CONTINUED) the ordinance remained as in the cabinet ordinance; however, the second and third paragraphs varies He felt there was a question with the phrase "that the Director of Public Safety shall not serve a: the executive head of the forces ". He felt this was already covered in the statutes and was very specific. He stated that there was no need for further legislation in that area by the Council. He also stated that the cabinet ordinance provided that the Safety Director "shall be a member of the Board of Public Safety ", not "may be a member of the Board of Public Safety" as indicated in Councilman Nemeth's ordinance. Mr. Parker further stated that the statutes also provided that the rules and regulations governing the Police Department shall be promulgated by the Board of Public Safety. Councilman Nemeth agreed that a good part of the ordinance was taken from the statutes. He felt that the problem was that perhaps the Safety Director had not realized the state law, and he felt the ordinance would set that forth. He also felt it was important that the Council pass the ordinance. Regarding the words "shall" and "may ", he indicated that he would have no objection to amending the ordinance in the fourth line of the second paragraph. He made a motion to amend the ordinance to insert the word "shall" in place of the word "may" where it referred to the director serving as a member of the Board of Public Safety, seconded by Council President Parent. The motion carried. Council President Parent stated that he did not feel the ordinance would do the job; however, some deserved attention might be given to the issue. He was hopeful that the Mayor, administration and Director of Public Safety could sit down and discuss the issue thoroughly Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Council President Parent. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Miller made a motion to rise and report to the Council and recess, seconded by Councilman Taylor. The motion carried, and the Council recessed at 9:20 p.m. ATTEST: CITY CLERK IREGULAR MEETING - RECONVENED f ATT CHAIRMAN' Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 9:33 p.m., Council President Parent presiding and nine member present. (REPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the December 16, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth (Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Horvath. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Newburn. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). (REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY Council President Parent indicated that Mr. Gallagher had appeared at the Council's caucus meeting and submitted a written report to the Council members. He asked that the Council accept the report and make it available to the press. ORDINANCES, SECOND READING ORDINANCE NO. 5783 -75 AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO COMMON COUNCIL STANDING COMMITTEES. This ordinance had second reading. Councilman Nemeth made a motion to amend the ordinance as amended in the Committee of the Whole meeting, seconded by Councilman Taylor. The motion carried. Councilman Horvath made a motion to pass the ordinance, as amended, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5784 -75 AN ORDINANCE APPROPRIATING $26,986.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PRO - GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, . seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak,Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING JANUARY 13 1975 REGULAR MEETING - RECONVENED (CONTINUED) During the roll call on Ordinance No. 5784 -75, discussion was had on the proper format and the order of the names on the roll call sheet. It was indicated that the Council President's name was to be listed last on the form. Council President Parent made a motion to suspend the rules and utilize the roll call form from which the City Clerk was reading, until a new form was prepared, seconded by Councilman Nemeth. The motion carried unanimously. ORDINANCE NO. 5785 -75 AN ORDINANCE APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had second reading. Councilman Serge made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5786 -75 AN ORDINANCE APPROPRIATING $106,803.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Mr. Robert Parker, Chief Deputy City Attorney, indicated that he had prepared a new section to be added to the ordinance as follows: The funds hereby appropriated shall be expended by and under the direction of the Mental Health Center of St. Joseph County, Inc., as per contractual agreement with the City of South Bend in accordance with the line items of the proposed operating budget for Delos House attached hereto, made a part hereof and marked "Exhibit A ". The above language would become Section II, and the present Section II would become Section III. Councilman Nemeth made a motion to amend the ordinance as indicated:by Mr. Parker, seconded by Councilman Newburn. The motion carried. Councilman Miller then made a motion to pass the ordinance, as amended, seconded by Councilman Nemeth. The ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Miller, Parent, Taylor, Horvath,, Newburn and Nemeth) and two nay (Councilmen Szymkowiak and Kopczynski). Councilman Szymkowiak indicated that he had voted agains the ordinance because he felt the budget was overpriced and outrageous. Councilman Kopczynski stated that he had voted against the ordinance because he felt the budget was not being closely monitored and it was unrealistic. ORDINANCE NO. 5787 -75 AN ORDINANCE APPROPRIATING THE SUM OF $100,000.00 TO ACCOUNT NO. 260.0, "OTHER CONTRACTUAL SERVICES ", IN THE CUMULATIVE CAPITAL IMPROVEMENT FUND BUDGET FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Horvath made a motion to pass the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5788 -75 AN ORDINANCE APPROPRIATING $57,033.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE CIVIC CENTER PROJECT, TO BE ADMINISTERED BY THE CIVIC CENTER AUTHORITY. This ordinance had second reading. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5789 -75 AN ORDINANCE APPROPRIATING $18,516.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This ordinance had second reading. Councilman Nemeth made a motion to amend the ordinance by reducing the amount of wages to $13,400, the amount of FICA to $837, with an amended total of $15,137, seconded by Councilman Kopczynski. Councilman Miller indicated that the Council desired to keep the wages in line with the raises for other city employees. He wondered where the typist was funded from at the present time. Mr. Robert Parker, Chief Deputy City Attorney, indicated that the department had utilized temporary help from the Manpower Program, etc. Councilman Millet wondered if the Comprehensive Educational and Training Act Program could be utilized.for the typi! position. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, indicated that he could not guarantee the filling of the position at this time through CETA. The motion to amend carried. Councilman Taylor then made a motion to pass the ordinance, as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING JANUARY 13 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5790 -75 AN ORDINANCE APPROPRIATING $2,367.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE DEPARTMENT OF PUBLIC PARKS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had second reading. Councilman Serge made a motion to pass the ordinance, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5791 -75 AN ORDINANCE APPROPRIATING $10,200.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, secondec by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5792 -75 AN ORDINANCE APPROPRIATING $390,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Councilman Serge made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Councilman Nemeth wondered if a check should be made on the funds, and Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, indicated that there are constant inspec- tions and there was also a one -year bond requirement. He felt there would be an adequate check on the matter. ORDINANCE NO. 5793 -75 AN ORDINANCE APPROPRIATING $47,073.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Horvath made a motion to amend the ordinance as amended in the Committee of the Whole meeting, seconded by Councilman Taylor. The motion carried. Councilman Taylor then made a motion to pass the ordinance, as amended, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5794 -75 AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO THE EXECUTIVE BRANCH OF GOVERNMENT. This ordinance had second reading. Councilman Nemeth made a motion to amend the ordinance in the fourth line of the second paragraph by changing the word "may" to "shall" as it referred to the Safety Director serving on the Board of Public Safety, seconded by Councilman Taylor. The motion carried. Councilman Taylor then made a motion to pass the ordinance, as amended, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Councilman Kopczyns] stated that his vote of "aye" in no way condoned the office of the Safety Director; however, he would vote to curtail his power. RESOLUTIONS RESOLUTION NO. 466 -75 A RESOLUTION APPROVING AUTHORIZATION OF SALE OF REAL ESTATE TO THE DEPARTMENT OF REDEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, the City of South Bend owns certain real estate hereinafter described which is not necessary to the public use and is no longer needed and is not set aside by the State of Indiana or the City of South Bend for public purposes; and WHEREAS, the Board of Public Works of the City of South Bend, on the 6th day of January, 1975, adopted a resolution authorizing the sale of said real estate to the Department of Redevelopment for the sum of Eight Hundred Dollars ($800.00) pursuant to statute of the State of Indiana, being I.C. 5- 18 -1 -1 permitting the sale of said real estate within another public body co- extensive with the territory of another public body, or which one public body is a part of such other public body, and further pursuant to Chapter 30A -2 of the Municipal Code of the City of South Bend, Indiana; and WHEREAS, appraisals have been had of said real estate by qualified appraisers and said appraisal=s are in writing and are placed of record with the Board of Public Works of the City of South Bend. REGULAR MEETING JANUARY 13, 1975 ji REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 466 -75 (CONTINUED) NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the resolution adopted by the Board of Public Works of the City of South Bend on the 6th day of January, 1975, finding that the hereinafter described real estate is not necessary to the public use and is no longer needed and is not set aside by the State of Indiana or the City of South Bend for public purposes, and further finding that the valuation of each parcel of real estate is established in the amount set forth after each parcel, is hereby approved and confirmed. SECTION II. The real estate hereinafter described is now ordered sold to the Department of Redevelopment of the City of South Bend for the sum of Eight Hundred Dollars ($800.00), and said real estate is described as follows: Parcel No. Legal Description 66 -34 Lot numbered 48 in Elder City of South Bend and as plat thereof in Plat Book Office of the Recorder of Indiana. Price Place, now within the $800.00 shown on the recorded 5, Page 13, in the St. Joseph County, SECTION III. This resolution shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. s/ Walter T. Kopczynski Member of the Common Council A public hearing was held at this time on the resolution. Mr. Robert Parker, Chief Deputy City Attorney, explained that the Board of Public Works had adopted a resolution authorizing the sale by the city to the Department of Redevelopment of one tract of real estate for the sum of $800. He stated that this piece of property was not included in the prior resolution adopted in December because the title was not clear at that time. There were no questions or comments. Councilman Serge made a motion to adopt the resolution, seconded by Councilman Szymkowiak. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO GRANT THE PRESS PERMISSION TO ATTEND COUNCIL CAUCUSES. A public hearing was held at this time on the resolution. Councilman Kopczynski indicated that he had proposed the resolution because he felt the press had a right to be aware of the caucuses of the Council. He felt this had been a matter of controversy more than once in the past, and he felt the press could better inform the public on the issues before the Council if they could be allowed to attend Council caucus sessions. He referred to a letter he had received from the Council President wherein it was stated that "it has always been the personal prerogative of any one councilman to ask members of the press and media not to attend any particular Council caucus ". He stated that he had looked up the meaning of the word "prerogative" and in some dictionaries it meant "the right reserved for kingship ". He stated that none of the councilmen were kings, and he felt the resolution should be adopted. Councilman Szymkowiak made a motion to adopt the resolution, seconded by Councilman Nemeth. Councilman Newburn felt that each councilman should have the opportunity to really express himself on certain controversial matters, and he felt it was not necessary for the press to cover meetings of that nature. Councilman Taylor indicated that he would later make a motion to strike the resolution. Councilman Serge felt some of the caucuses should be private and that each councilman should be allowed to speak without the press being present. Councilman Miller wondered if there was an attempt to make this a political internz Council point. He felt that, at times, the caucuses should not be made public if, for example, one specific individual was being discussed. He stated that the basic function of the Council was to arrive at decision openly, and he indicated that he generally supported the resolution with the understanding that the caucus meetings held by the Council referred to the whole Council and not committee meetings. He made a motion to amend the resolution to add the following phrase "sitting as a body" in Section I where it referred to meetings held by the Council. Councilman Serge seconded the motion. Councilman Newburn felt that certain caucuses should be private solely for the purpose of analyzing a specific issue. Councilman Horvath stated that he was not against having the press present at certain caucuses; however, he, too, felt some caucuses should be close( under certain circumstances. Councilman Nemeth felt the press was responsible and the public had the right to know what was being discussed because the Council was a public body and conducted public business. He stated that he would vote in favor of the resolution for "openess in government ". Councilman Taylor indicated that the resolution was prompted because of a closed caucus session held the prior week. He stated that, there was not a motion at that time to allow the press to attend. He felt the resolution was "political horseplay ". Councilman Serge again repeated what he had said earlier. Councilman Kopczynski indicated that, at one time, a vote was taken on whether or not the Council should allow the press to attend caucus meetings. He stated that, at the last caucus meeting, one certain individual would not allow the press to attend when, in the past, a motion had been made to allow the press to be present. He briefly referred to the Florida Sunshine Law and opened sessions for the press. Councilman Szymkowiak indicated that he had not been present at the caucus meeting because of illness; however, he stated that he would have allowed the press to be present if he had been present. Council President Parent stated that the resolution was an insult to the Council and to himself, in his opinion. He felt it was repre- sentative of the kind of leadership he abhored. He wondered how many times during the last three years the press had not been given complete information. He also wondered how many times the press had not been allowed to be present under Council President Nemeth. He felt the record of the Council was extremely good as far as open meetings. He also stated that he had been personally involved in opening various meetings to the public. He indicated that the resolution was complete: !1 FY P-1 J 111'.1-11 REGULAR MEETING JANUARY 13 1975 REGULAR MEETING - RECONVENED (CONTINUED) unnecessary. He talked about anticipated appointments to various boards and commissions being discussed at caucus meetings and the discussions not being made public until a decision had been reached. He stated that the meetings in the past have been open to the public, and he felt the resolution was not a true expression of the need. Councilman Kopczynski stated that no one councilman has the right to ask the press not to be present. He felt a councilman, however, had the right to bring the issue up to the entire Council. He felt the press should be allowed to attend any and all caucuses unless so agreed upon beforehand by the Council. Councilman Taylor indicated that this kind of game had never been played when Councilman Nemeth was president, and he did not intend to play the game at this time. Councilman Nemeth stated that his name had been mentioned, and he indicated that, to the best of his knowledge, whenever the press had requested to attend caucus meetings when he had been president, he had had no objection, and he felt the Council's wish would have control. Councilman Serge wondered why this resolution had not been discussed previously with the members of the Council before it was submitted. He felt this was only proper, and whenever a councilman had introduced a resolution in the past, the Council had been made aware of the issue beforehand. Council President Parent stated that the issue had been debated sufficiently, and he asked for a voice vote on the motion to amend the resolution. The motion carried. The motion to adopt the resolution failed by a roll call vote of five nays (Councilmen Serge, Parent, Taylor, Horvath and Newburn) and four ayes (Councilmen Szymkowiak, Miller, Kopczynski and Nemeth). RESOLUTION NO. 467 -75 A RESOLUTION AUTHORIZING THE CITY OF SOUTH BEND TO APPLY FOR ADVANCE FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AND TO INCUR COSTS FOR THE PLANNING AND PREPARATION OF AN APPLICA- TION FOR SUCH FUNDS. WHEREAS, under terms of the Federal Housing and Community Development Act of 1974, Public Law 93 -383, the City of South Bend is entitled to receive $3,547,000 for Community Development activities, and WHEREAS, these funds shall be awarded to the City of South Bend only upon receipt and approval by the Department of Housing and Urban Development of a satisfactory application, and WHEREAS, an advance request of no more than 10% of the entire grant entitlement is permitted in order to enable municipalities to plan and prepare for Community Development activities, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the City of South Bend be authorized to apply for advance funds, in accordance with regulations promulgated by the Assistant Secretary for Community Planning and Development. SECTION II. That the City of South Bend be authorized to incur costs, beginning January 1, 1975, for the planning and preparation of an application for Community Development funds. SECTION III. That a contract for the expenditure of $149,012 be submitted to the Council for approval within 90 days of the passage of this resolution. SECTION IV. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, explained that the resolution concerned tt advance of Housing and Community Development funds to the City of South Bend in its application for funds to maintain current programs and plan for the implementation of the three -year Communiti Development program. He stated that the resolution allowed the city to incur costs between January 1, 1975, and the time when the funds would be made available. He indicated that, currently the expenses were being incurred by the Redevelopment Department but would be reimbursec when the funds become available. He stated that he had furnished the Council with a breakdown of the expected use of the $149,012. Councilman Nemeth wondered about the services contractual accoi and what it would involve, and Mr. Hojnacki stated that a housing assistance plan would be request which would contain very sophisticated data which would have to be compiled, etc. He indicated that the city was expecting to contract with the Polk Company for this service, and possibly other services would have to be contracted, such as legal services on the grant application and kinds of programs. Councilman Nemeth wondered if the City Attorney's Office could be expanded to take care of the legal services, and Mr. Hojnacki indicated that this could be considered. Councilman Nemei asked about the extra account, and Mr. Hojnacki indicated that this was merely a "cushion" in the event the project went over. He talked about the citizen participation aspect of the program. Councilman Horvath indicated that many studies on housing had been started, and he wondered if the necessary information could be obtained from past studies rather than starting another study. Mr; Marzy Bauer, Planner for the Community Development Department, indicated that the information was originally thought to be obtained from the Rand Corporation; however, it had not yet been compilec She stated that the application must be filed soon and the information held by Rand was not com- pleted. Councilman Szymkowiak felt the Rand Corporation should concentrate its study in the city and complete it before moving to the county. He stated that the city had appropriated funds, to Rand for this service and now Rand was working in the county. He could not understand this. Council President Parent indicated that the Housing Allowance Office was not being discussed at this time, and he asked for order. Councilman Szymkowiak disagreed with Council President Parent and again repeated what he had just said. Council President Parent again ruled for order. Councilman Miller felt the information submitted to the Council was a good start; however, he wanted more specific information on the lump sums presented to the Council. He wondered if there REGULAR MEETING JANUARY 13, 1975 REGULAR MEETING - RECONVENED (CONTINUED) would be any legal reason why a section could not be added such as was added in the appropriation ordinance for the Delos House project. He indicated that the issue was a contract between the cit and Redevelopment in the initial stages. He felt a section should be included that the contract with the Redevelopment Department and the budget of said contract shall be subject to submission to the Council within 30 days. Mr. James Barcome, City Controller, stated that this item was merely an approval on the resolution. He stated that a budget would be furnished the Council. Councilman Miller indicated that he thought the Mayor had said that no money would be expended prior to approval of the Common Council. Mr. Barcome indicated that he did not think the Mayor had said that. Councilman Taylor indicated that Councilman Miller was correct. Mr. Hojnacki stated that the resolution would authorize the department to spend the money as set out in the ordinance. Councilman Miller felt a contract or line item budget should be approved by the Counci Councilman Nemeth suggested that a clause be inserted to authorize that an application be made; however, before any funds are expended, they must be approved by the Common Council. Councilman Miller made a motion to insert a new Section III to read as follows: That a contract for the expenditure of $149,012 be submitted to the Council for approval within 90 days of the passage of this resolution. Also, that the present Section III be amended to Section IV. Councilman Taylor seconded the motion. The motion carried. Councilman Taylor then made a motion that the resolution be adopted, as amended, seconded by Councilman Serge. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Council President Parent indicated that, whenever there is a question of procedure, the procedure to be followed would be that debate would be stopped and an appeal be made to the Council. RESOLUTION NO. 468 -75 RESOLUTION NO. 469 -75 No. 468 -75 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, TO OTHER TEMPORARILY DEPLETED FUNDS-'OF-THE CITY OF SOUTH BEND, INDIANA, and A RESOLUTION AUTHORIZING THE CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO INVEST CERTAIN IDLE FUNDS DURING THE YEAR 1975 IN ACCORDANCE WITH CHAPTER 9 OF THE 1945 ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AS AMENDED. WHEREAS, Chapter 71 of the Acts of 1961 of the General Assembly of the State of Indiana authorized the Common Council of the Civil City of South Bend, Indiana, by resolution adopted by such Common Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such period of time as may be prescribed in the resolution; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the City Controller of the City of South Bend, Indiana, be and hereby is authorized to transfer an aggregate amount not to exceed $4,500,000.00 from various to various other funds as it becomes necessary; this aggregate amount to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers so made must be repaid by December 31, 1975: FROM: Maximum Cumulative Building and Sinking Fund .................. $2,000,000.00 Local Roads and Streets Fund .... 750,000.00 Federal Assistance Grant Fund ......................... 1,750,000.00 $4,500,000.00 TO: Maximum Corporation General Fund .............................. 2,650,000.00 Park Maintenance Fund .. ............................... 400,000.00 Police Pension Fund .... ............................... 250,000.00 Fire Pension Fund ... ............................... 250,000.00 Human Rights Commission Fund .......................... 25,000.00 General Sinking Bond Fund ............................. 450,000.00 Redevelopment Bond Fund ............................... 450,000.00 Hospital Fund ..... .... ............................... 15,000.00 Art Association Fund ... ............................... 10,000.00 $4,500,000.00 All such transfers to be.made from funds on hand or to be received during the calendar year 1975. SECTION II. Such transfer shall be made for a period not to extend beyond December 31, 1975, and such funds so transferred shall be returned and repaid to the original fund from which it was transferred. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council, and its approval by the Mayor. s/ Roger 0. Parent Member of the Common Council 1 _._ 4 REGULAR MEETING JANUARY 13, 1975 IREGULAR MEETING - RECONVENED (CONTINUED) No. 469 -75 WHEREAS, there are certain idle funds of the Civil City of South Bend, Indiana, which may be invested for periods of time without affecting the operations of the various departments of the city; and WHEREAS, Chapter 9 of the 1945 Acts of the General Assembly of the State of Indiana, as amended, enables the Controller to invest such idle funds with the approval of the Common Council; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That during the calendar year 1975, the Controller invest certain idle funds of the City of South Bend for such periods of time that he determines are not needed for the normal operations of the various departments of the city. SECTION II. This resolution shall be in full force and effect from and after its passage by the Common Council, and its approval by the Mayor. s/ Roger 0. Parent Member of the Common Council Councilman Horvath made a motion to suspend the rules and combine the public hearings on both resolutions, seconded by Councilman Newburn, and the motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Mr. Walter Lantz, Chief Deputy Controller, explained that the resolution to allow temporary transfers of funds was necessary in order to cover the city's normal operating expenses in 1975. He stated that all the funds are tax - supported, and the only alternative to making the transfers would be to negotiate bank loans at an interest rate of possibly three percent or greater, which would have to be repaid from the tax revenues. He indicated that the second resolution would authorize the controller to continue the city's investment program which has been in practice for the past three years. Councilman Nemeth asked about the amount of interest to be paid if borrowed from a private institution. Mr. Lantz indicated that the interest rate would be three percent. Councilman Nemeth wondered about the interest drawn on the idle funds. Mr. Lantz indicated that that ranged from 9% to 9;2-0. He stated that state law requires that any interest from investments must be receipted back to the fund from which it was invested. In effect, the city would be paying 5% interest on loans out of the operating monies and the interest the city would be earning could only go for capital improvement. Councilman Nemeth questioned the proce- dure used and other possible solutions for investment. Mr. James Barcome, City Controller, (stated that close to $1 million has been earned by investing funds in the last few years. He indicated that every day the market was checked for the highest interest rates, etc. He stated that the resolution allowed for the best solution, in his opinion. Mr. Lantz indicated that, also, the city would have to advertise for bids on interest rates, etc., if another route was taken because it was a requirement of the State Board of Accounts. Councilman Miller made a motion to adopt the resolution transferring idle funds, seconded by Councilman Taylor. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Councilman Miller then made a motion to adopt the resolution authorizing the controller to make investments of idle funds, seconded by Councilman Serge. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE APPROPRIATING $50,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCE PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had first reading. Councilman Newburn made a motion to set the ordinance for publi� hearing and second reading on January 27, 1975, seconded by Councilman Taylor. The motion carried INANCE AN ORDINANCE FOR AN ADDITIONAL APPRO- PRIATION IN THE AMOUNT OF $6,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, IN OBLIGATED SURPLUS, TO ACCOUNT NO. 0610.0, "INTEREST ON BONDS AND NOTES ", AN ACCOUNT WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for publi hearing and second reading on January 27, 1975, seconded by Councilman Taylor. The motion carried ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $172,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND TO ACCOUNT NO. 260.1, "ARCHITECT AND CONSTRUCTION MANAGEMENT FEES AND EXPENSES ", AN ACCOUNT WITHIN THE NEW FEDERAL ASSISTANCE PROGRAM F.A. 75, "CIVIC CENTER CONSTRUCTION ", TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. 1 REGULAR MEETING JANUARY 13, 1975 REGULAR MEETING - RECONVENED (CONTINUED) This ordinance had first reading -. Councilman Horvath made a motion to set the ordinance for public hearing and second reading on January 27, 1975, seconded by Councilman Taylor. The motion carried. PRIVILEGE OF THE FLOOR Mrs. Frederick Mutzl of the Board of Directors of the Fair Tax Association, expressed her dis- appointment that the Council had failed to adopt the resolution allowing the press to attend all caucus meetings. Council President Parent indicated that no decisions are made at the caucuses, and he felt the press would be allowed to attend except perhaps on -a few occasions. UNFINISHED BUSINESS Councilman Newburn indicated that the Council had not yet replaced Mr. Dean Johnson as a member of the South Bend Crime Commission. He _hoped this could be taken care of in the near future. Council President Parent announced that he would welcome any suggestions from the citizens on filling the various appointments to commissions by the Council. At the request of Council President Parent, Mrs. Irene K. Gammon, City Clerk, gave a brief report on the number of ordinances and resolutions passed by the Council in 1974. She stated that 158 ordinances were passed of which 4 were vetoed by the Mayor and sustained. A breakdown of the ordinances included the following: Federal Revenue Sharing ordinances - -37 Municipal Code amendments - -9 Economic Development Revenue Bond ordinances - -21 Rezonings - -13 Annexations - -2 Budgets and tax levy - -8 Appropriation ordinances - -27 Transfers of fund ordinances - -18 Miscellaneous - -7 Ordinances creating the South Bend Crime Commission, the Status of Women Commission, the Division of Community Development, the Fair Campaign Practics Commission and the Century Center Construction, Fund were also passed. There were 60 resolutions passed, and 29 ordinances were either stricken from the files or defeated. As of January 1, "1975, there were 8 ordinances pending on file in the Clerk's Office. There being no further business to come before the Council, unfinished or new, Councilman Newburn made a'motion to adjourn, seconded by Councilman Taylor. The motion carried, and the meeting adjourned at 11 :10 p.m: ATTEST: APPROVED;, ---� CITY CLERK PRESIDENT +++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ +++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++