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HomeMy WebLinkAbout11-24-75 Council Meeting Minutes+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ /+++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ i REGULAR MEETING NOVEMBER 24, 1975 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, November 24, 1975, at 6:04 p.m., Council President Roger O. Parent presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent. ABSENT: None. REGULAR MEETING NOVEMBER 24, 1975 REGULAR MEETING (CONTINUED) Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilma 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, November 24, 1975, at 6:05 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (800 East Jefferson Boulevard). There was no one present to make a presentation for the ordinance. Chairman Newburn indicated tha the Council would proceed with the next item of business and return to this matter. ORDINANCE AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (319 North William Street). 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 Oxian, Vice President of the Historic Preservation Commission, made the presentation for the ordinance. He indicated that the commiss had unanimously declared the building as an historic landmark. He added that the Area Plan Commission had also given approval of the declaration. He stated that he had checked with the property owner concerning the property even though this was not required under the ordinance. Councilman Miller wondered how many houses would be declared historic landmarks in the future, and Mr. Oxian indicated that, until the $25,000 requested by the commission was received, the number o: historic homes and landmarks was not known. He indicated that, when the money was received, a survey would be taken. He indicated that the commission, as of this date, was working on about 10 homes. Councilman Miller wondered about the criteria needed to declare an historic landmark. Mr. Oxian indicated that the commission had adopted three groups into which the properties would be listed: Group A (those homes and buildings listed on the national register); Group B (those buildings with local architectural and historical significance); and Group C (such as the Union Station which was merely bestowed with the honor of being historically significant). He indicated that the property under discussion would fall into the local architectural and historical category (Group B). Councilman Horvath wondered about the restrictions placed on the property owner when the building was declared to be historically significant. Mr. Oxian indicated that the ordinance establishing the commission would prevail, and he felt the restrictions on the owner were quite lax. He indicated that the zoning would not be changed and the owner could sell the property at any time. Councilman Nemeth wondered why the matter was being proposed as an ordinance and not a resolution, and Mr. Oxian indicated that the commission had felt that, with an ordinance, a little more authority would be given to the commission. He stated that a resolution would merely state the intent of being an historical landmark. Councilman Nemeth wondered if the property owner was in agreement with the recommendation of the commission, and Mr. Oxian indicated that he had checke( with the property owner and that person was quite anxious to have the building declared a landmark Councilman Nemeth wondered if any consent forms were signed by the property owners, and Mr. Oxian indicated that he was unable to obtain a consent form for the property at 407 West Navarre (next item on the agenda). Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (407 West Navarre Street). 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 Oxian, Vice President of the Historic Preservation Commission, indicated that he had received word from the property owner who did not wish the building to be declared historically significant. He asked that the Council strike the ordinance. Councilman Nemeth made a motion that the Committee of the Whole recommend that the ordinance be stricken from the Council's files, seconded by Councilman Taylor. The motion carried ORDINANCE AN ORDINANCE TRANSFERRING $38,129.85 IN THE GENERAL PARK FUND. ALL TRANSFERS ARE BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. 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 indicated that the ordinance would transfer from various funds the amount of $38,129.85. He stated that a detailed breakdown of the transfers had been furnished the Council members. He stated that persons who have retired have not been replaced in the budget, and the department has concentrated on part -time employees. Because of that, there was a surplus in the social security account. He indicated that the Controller had advised the department that $85,000 be saved from the budget, and he indicated that he had tried to do this. Councilman Nemeth wondered about the balance in the labor account, and Mr. Seitz indicated that the balance was approximately $40,000. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common Council, seconded by Council President Parent. The motion carried. COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE TRANSFERRING $2,600.00 FROM VARIOUS ACCOUNTS WITHIN THE COMMON COUNCIL BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA, TO ACCOUNT 261, "PROMOTIONAL EXPENSE ", OF THE PARKING METER FUND OF THE CITY OF SOUTH BEND, INDIANA. Council President Parent recommended that this item be considered under the unfinished business portion of the Council meeting. He made such a motion, seconded by Councilman Taylor. Councilman Kopczynski wondered how the item had been put on the agenda for the November 24th meeting when, in fact, it had been set for public hearing on December 15th. Council President Parent indicated that he had asked the City Clerk to include the ordinance on the agenda at this time; however, he now felt it would be more appropriate to consider it under the unfinished business portion of the meeting. He explained that, at the November 10th meeting, he had inadvertently phrased a motion incorrectly setting the hearing for December 15th rather than November 24th. He stated that, if the hearing was not held at this time, the free curbside parking on Monday nights and Saturdays would be delayed for at least three weeks and would be ineffective before Christmas. He added that he had asked the Clerk to advertise the ordinance for public hearing on the November 24th date just in case the Council agreed to have public hearing at this time. Councilman Kopczynski asked the Clerk why she had included the item on the November 24th agenda, and she indicated that she had done so at the request of Council President Parent. Councilman Kopczynski felt it was important to set the ordinances for hearing according to the Council's motions and votes. Councilman Serge indicated that a simple mistake had been made in not setting the ordinance for November 24th, and he felt the Council should hold a hearing at this time on the ordinance in order to implement the program as soon as possible. Mrs. Gammon indicated that she had been asked by the Council President to change the minutes accordingly, something which she had not done. Chairman Newburn indicated that he felt the discussion should terminate because he did not want to see the Council involved in petty jealousies. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 5766 -74, COMMONLY KNOWN AS AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND MUNICIPAL WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1975, AND ENDING DECEMBER 31, 1975. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Water, made the presentation for the ordinance. He indicated that the ordinance would appropriate funds to pay the electric bills. He stated that the fuel adjustment had been increased by I & M in the fourth quarter of 1974, in addition to the two increases in the electric bill itself in 1975. He stated that the rate increases totalled 272 %. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked for an explanation on the laboratory fees, and Mr. Krueper indicated that the lab fees were left out in the 1975 budget because invoices had been checked out with the chemical account. Mr. Krueper explained that, unde3 the Public Service Commission rules, the money for lab fees for tests was charged to the chemical account but did not appear on the files paid out to chemical companies. In 1974, because of the Public Service Commission's and city's numbering, there was a mixup in the printouts which was not noticed until 1975. Mr. Evans wondered about the exact amount of expenditures in 1974 and 1975. Mr. Krueper indicated that he did not have an exact figure but he felt the $20,000 amount would be sufficient. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. Chairman Newburn asked for a roll call vote on the motion The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1976, AND ENDING DECEMBER 31, 1976, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Water made the presentation for the ordinance. He requested that certain changes be made in the budget and he submitted these changes to the Council members. He explained that he wished the Council to reduce Account 110 by the amount of $6,631, thus eliminating the position of Janitor in line 23. He asked for an increase in Account 246 of $5,000 for a contract to replace the work done by the janitor eliminated. He also asked for the addition of a new account 243 in the amount of $7,500 to provide a separate account for outside contracts for work done on vehicles and equipment. He asked the Council to reduce Account 381 by $7,500 to cover the transfer to the new account 243. H also asked for an increase in Account 260 in the amount of $7,500 in order to provide the money needed for a test well at the Toll Road Service area, northwest of the city. He indicated that he has been in contact with the Toll Road officials regarding the possible, and he emphasized the word "possible ", purchase of the property. Councilman Miller asked for a further explanation regarding the elimination of the janitor. Mr. Krueper indicated that, by deleting the position, a contract would have to be entered into for cleaning the Water Works Office, and this could be accomplished with an increase in that account. Councilman Miller made a motion to amend the budget as requested by Mr. Krueper, as follows: Reduce Account 110 by $6,631, thus eliminating the position of Janitor, with an amended total in Account 110 of $1,187,075. REGULAR MEETING NOVEMBER 24, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Increase Account 246 by $5,000, to $36,000. Add a new Account 243, Maintenance Contracts - Vehicles and Equipment, at $7,500. Reduce Account 381 by $7,500, to $17,470. Increase Account 260 by $7,500, to $15,000. Councilman Nemeth seconded the motion to amend. The motion carried. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the number of people in uniform in the Water Works Bureau. Mr. Krueper indicated that there were approximate 75 to 100 persons who were given uniforms. Mr. Evans asked about Account 726 in the Depreciation Fund. Mr. Krueper indicated that the money would be used for the purchase of a crane -type backhoe to replace an old piece of equipment. He stated that he was not sure if the purchase would be accomplished if the economy was as bad in 1976 as it was this year regarding new watermain constru tion. He indicated that any contract to purchase the equipment would have to be approved by the Council. Mr. Evans asked about the interest accounts, and Mr. Krueper indicated that there was interest from the various funds. He talked about the money coming into the meter deposit fund which was not shown on the receipts because it was a special fund. Councilman Kopczynski indicate that the amount of $7,500 was requested for maintenance contracts and vehicle equipment. He asked if the city had maintenance contracts on vehicles. Mr. Krueper explained that, if he made repairs to equipment, the cost of those repairs was put into this account. Councilman Kopczynski felt the account should be referred to as services contractual. He asked how many men were taking care of the Water Works fleet of cars. Mr. Krueper indicated that he had no mechanics and that all work was done at the Municipal Services Facility or a garage. He indicated that the Municipal Services Facility was paid for repairs and any parts used. Councilman Kopczynski wondered where this pay - ment to the Municipal Services Facility was shown. Mr. Krueper indicated that everything, except parts, was shown in the gasoline account. Councilman Kopczynski wondered what was used last year. Mr. Krueper felt he had received his money's worth. He indicated that an accurate accounting was not kept. Councilman Kopczynski wondered how many vehicles were involved. Mr. Rollin Farrand, Director of the Department of Public Works, indicated that complete copies of the cost for main - tenance were available for each vehicle. Councilman Kopczynski wondered if each department was paying its fair share of maintenance, and Mr. Farrand stated that he felt the accounts were balanced quite well. Councilman Szymkowiak referred to Mr. Krueper's memo regarding traveling expenses. He asked about the fee for the Mayor's trip to Miami. Mr. Krueper indicated that he (would not know that amount until after the bill came in. Councilman Szymkowiak felt the city "should tighten its belt ". He recommended that the amount of $1,500 be cut from the travel accoun and he felt that only certain persons should be delegated to attend conventions such as the one in Miami in December. He made a motion to reduce the travel expense account by $1,500, seconded by Council President Parent. Councilman Miller wondered about cutting the amount back $1,000 to what it was two years ago rather than cutting $1,500. Councilman Horvath indicated that the Council wa aware that the Mayor used funds from the Water Works for travel. He hoped that, in the future, al funds for travel for the Mayor would be shown in the Mayor's budget. He wondered about this money being put into the Water Works budget in the first place. He felt all travel funds should be put into the appropriate department's budgets. Councilman Szymkowiak felt Mayor Miller should have delegated the councilmen to attend the Miami Beach convention and not those persons who would be leaving office before the end of the year. He again repeated that he felt the amount in the trave account should be reduced by $1,500. Councilman Kopczynski indicated that conditions would be different in 1976, and he felt a cut of $1,000 in that account would be sufficient. Councilman Szymkowiak still maintained that the amount should be reduced by $1,500. Chairman Newburn asked for a roll call vote on the motion to reduce the account by $1,500. The motion was lost by a roll call vote of five nays (Councilmen Serge, Miller, Taylor, Nemeth and Newburn) and four ayes (Councilmen Szymkowiak, Kopczynski, Horvath and Parent). Councilman Miller then made a motion to reduce Account 213 (travel) by $1,000 to an amended amount) of $5,050, seconded by Councilman Taylor. The motion carried. Councilman Miller asked about Account 246 and the constraints on the Depreciation Fund for maintenance construction. He wondered about a transfer into the Depreciation Fund. He felt this should be tried. He made a motion to reduce Account 246 by $31,000 and transfer this amount to the Depreciation Fund, seconded by Councilman Taylor. The motion carried. Councilman Miller then questioned the positions of Superintendent III, General Foreman III, Genera Foreman II and the Foreman for the third shift. He indicated that only 22 workers apparently were designated under six foremen. He asked for a justification of these supervisory personnel. Mr. Krueper indicated that the amount involved three shifts. He felt this was an important part of th department and the men were needed for supervision. Councilman Miller indicated that he was under the impression that this section of the department "self -ran itself ". Mr. Krueper stated that he felt the operation should not be changed and the men should remain as proposed. Councilman Miller wondered about the possibility of cutting a few of the clerk positions. He wondered if there cool be a reduction in this area because of computerization. Mr. Krueper indicated that he wished the Council would leave the positions in the budget and let him decide about reducing the positions during the next year. He stated that he would make reductions if warranted, and he felt there would be some positions cut during the next year. Councilman Miller asked about the upgrading of the third shift foreman to foreman II. Mr. Krueper indicated that the foreman had increased gener knowledge and seniority. Councilman Miller felt two or three positions in the foremen category could be cut. Mr. Krueper felt the positions should be kept because the men were needed. Council Miller wondered if all the cuts on the budget would be made during the public hearing portion of the meeting at this time or if the Council could make additional cuts in the second reading portio of the meeting. Council President Parent felt the Council could recess after the recommendations were made and come back with specific cuts. Councilman Miller asked about the increases in Accounts 363, 370 and 374. He indicated that there was a loo increase in those accounts. He wondered if it would be possible to hold the line at no increases. Mr. Krueper felt the accounts could be reduced if the Council desired; however, he reminded the Council members that, if prices on parts, etc. were increased and the funds were not available, the parts could not be purchased when needed. Councilman Miller made a motion to reduce Account 363 by $1,200, to $12,000; Account 370 by $1,500 to $15,000; and Account 374 by $1,500, to $15,000, seconded by Councilman Taylor. The motion carried. y r, 1 REGULAR MEETING NOVEMBER 24, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Council President Parent asked about the amount in the chemical account. Mr. Krueper felt the budget increase would provide the department with enough polyphosphates for the year. He was not sure the whole amount would be used. He talked about the problems at the various pumping station and the need for the addition of these chemicals to the water. Councilman Serge indicated that he was pleased with the program of putting polyphosphates into the water. Mr. Krueper felt the chemicals might show that the water could be improved without capital improvements. Councilman Kopczynski asked about the problem experienced in the southwest portion of the city. Mr. Krueper indicated that there was no such thing as pure water because of certain chemicals and the hardnes in the water. He indicated that this problem was all over the city and not just the southwest pa of the city. He felt the only solution would be to soften the water and it would cost a considerable amount of money that was not available at this time. He stated he had proposed an increase in the leak insurance fund in an effort to try and resolve the problem with increased revenues. Councilman Taylor asked about the extra and overtime account. Mr. Krueper indicated that the account was needed to pay for the work crew, particularly during times of emergencies an at night. Councilman Taylor wondered if a $4,000 figure could be cut, and he made a motion to reduce Account 130 by $4,000, to $40,000, seconded by Councilman Serge. Councilman Nemeth wonder about the percentage of the wage hike. He wondered if the amount should be kept at $41,000, rath than reducing the account to $40,000. Councilman Taylor asked about the balance in the account a the present time. Mr. Krueper indicated that he did not have an exact figure, but he felt all th accounts were very close. Council President Parent suggested that the motion be changed to reduc the account by $3,000 rather than $4,000 because of Councilman Nemeth's concern. There was a cal for the question, and the original motion carried. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Taylor. The motion carried. At this time, Chairman Newburn recognized the U.S. Government Class from the Adult Education Program at Central High School. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE WASTE WATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1976, AND ENDING DECEMBER 31, 1976, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Michael Vance, Chief Deputy Controller, requested that the Council amend the total of the Waste Water Treatment Plant budget from $2,181,244 to $2,166,244 (this was necessitated because of the double addition of the amount of $15,000 in the Services Contractual Account). Council President Parent so moved, seconded by Councilman Miller. The motion carried. Mr. Vance stated that the amendment would take care of the deficit in the fund. He talked briefly about the increases in the water account and the of contractuals account, the decrease in the chemical account, and the increase in the insurance account for the plant because of the increased amount of property. He indicated that, in the Depreciation Fund, the amount of $89,000 was requested. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked about the caption "truck drivers, one -half year ". Mr. Vance indicated that this was for truck drivers budgeted for a half year because originally only two of the four drivers were budgeted with the others coming from CETA. Mr. Evans wondered about Accounts 260 and 274. He indicated that certain costs in the past were switched to the other contractuals account. Mr. Vance indicated that the costs were of a general nature such as contractuals and not legal services. Mr. Evans felt that one specifi( contract under the legal services account should be put into the other contractuals account. Mr. Evans wondered about the number of employees in uniforms. Mr. Vance indicated that approximately 62 employees were in uniform with an additional 10 persons also having overalls and lab coats. Mr. Evans asked about the remaining amount of the study being accomplished under the legal servic( account. Mr. Rollin Farrand, Director of the Department of Public Works, indicated that the city was required to conduct this evaluation. He indicated that approximately $7,000 of that amount had been used in a related study because of the various problems encountered. He stated that the remainder of the funds had not been spent. Mr. Vance indicated that this would only be a carry- over in the event the funds were not used in 1975. Mr. Evans hoped there would not be a duplica- tion of the other equipment account and repair account. Mr. Vance indicated that the other equipment account was for much larger equipment purchases while all repair parts were taken from the repair account. Mr. Evans asked about the deficit in operations for 1975. Mr. Vance stated that the deficit would be approximately $55,000. Mr. Evans questioned the possibility of diverting water to the soluble oil facility for cooling. Mr. Vance indicated that this could be a possibility; however, the factor was whether or not a sufficient amount of water could be diverted to warrant the change. Councilman Szymkowiak wondered how much had been expended in the travel expense account. Mr. Vance indicated that approximately $3,200 had been spent with some outstanding bills remaining. He stated that the outstanding bills would run approximately $500 tc $600. Councilman Szymkowiak recommended that the travel account be reduced by $500. There was no motion or second made to that effect. Council President Parent commended the bureau heads for a detailed explanation of the budgets, he made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SANITATION OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1976, AND ENDING DECEMBER 31, 1976, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGA- TIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above ordinance, proponents and REGULAR MEETING NOVEMBER 24, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) opponents were given an opportunity to be heard. Mr. Michael Vance, Chief Deputy Controller, made the presentation for the ordinance. He indicated that the Sanitation Department dealt with the sewage brought to the Waste Water Treatment Plant. He stated that the budget showed a 16% increas( however, an expenditure of $52,000 for motor equipment had been cut in the 1975 budget. He stated that the only large increase was in Account 530 which was used to pay the deductible on the city's insurance. Under motor equipment, the bureau had plans to replace $63,100 worth of equipment. He indicated that, in 1976, it was hoped a dump -unit truck could be replaced. He indicated that it was also hoped one of the vehicles could be replaced with a one -half ton pickup and a payloader was proposed to be replaced. Mr. Gene Evans, Executive Secretary of the Civic Planning Associatioi asked about amounts concerning the equipment purchases. Mr. Vance indicated that he did not have an exact figure on the purchases. Mr. Evans questioned the amount of usage of certain equipment, such as the payloader. Mr. Morgan Peck, Manager of the Bureau of Sanitation, indicated that the vehicle had been overhauled seven years ago and the mileage was recorded only as of that time. Councilman Szymkowiak indicated that he had never asked for cuts and reductions in the materials or operation of the departments in furnishing services, but he felt the travel expense was not a public service. He recommended that the travel expense be cut by $200, and he made such a motion, seconded by Council President Parent. Chairman Newburn cautioned the Council members on the cuts being made to the various accounts, particularly the travel accounts. The motion lost. Councilmai Miller wondered about the increase in the insurance account. Mr. Vance indicated that an audit was made last year, and it was found that much of the equipment had not been insured. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. Councilman Taylor made a motion to recess, seconded by Councilman Kopczynski. The motion carried, and the Committee of the Whole recessed at 7:55 p.m. Reconvened at 8:35 p.m. Councilman Miller asked that the public hearing be combined on the two proposed ordinances con- cerning budgets for the Bureau of Solid Waste. This was agreed to by the Council members. ORDINANCES AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SOLID WASTE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1976, AND ENDING DECEMBER 31, 1976, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT (1); and AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SOLID WASTE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1976, AND ENDING DECEMBER 31, 1976, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT (2). This being the time heretofore set for public hearing on the above ordinances, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinances. He indicated that the Council had been advised of the proposed ordinances in caucus. He stated that one ordinance covered the regular system of operation and the other ordinance recommended a change in the system to what was called the Orbital System. He explained that primarily the Orbie system offered a savings so that the customers could be given 150 plastic bags per year to replace the old system of garbage cans. The system was quieter, cleaner and collection time was much faster. The long -term savings was significant in Mr. Farrand's opinion. He indicated that the present equipment was in bad need of repairs and this was one of the reasons the new system was being proposed. He indicated that both budgets provided for the operation of a vehicle to maintain the paper route. He recommended that the Council adopt the Orbital System for the reasons he had outlined. He stated that negotiations have been made and a company has agreed to reduce the first year cost by $30,000 in order to spread out the cost. He introduced Mr. Ed Otten, Vice President of Orbie of Indiana, located in Crawfordsville, who spoke to the Council on the benefits of the proposed system. He indicated that, among the benefits of the system, there was anticipated as many as 11,000 customers to start', with in 1976. On this basis, at no increase in cost, 1,650,000 thirty - gallon containers would be provided at about $165,000. He indicated that the system made a much more attractive community. Mr. Farrand indicated that the budgets were primarily the same as last year. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the present system and the number of trucks. Mr. Farrand indicated that the city had 13 trucks, 1 of which was inoperative. He stated that the trucks covered 9 routes and 1 paper route with 2 trucks for the CETA crews. Mr. Evans wondered about the Orbie system and number of trucks. Mr. Farrand indicated that, with the Orbie system, there would be only 4 routes. He stated that the routes would have to be re- organized anyway in the future. Mr. Evans wondered about how the Orbie system has worked in other locations. Mr. Sandy Shelley, President of Orbital of Washington, indicated that the corporation was about three years old and the system was now operating internationally. He stated that the refuse compactor body has been operating quite successfully in Europe and has started in the United States. Mr. Evans wondered about the possibility of the city getting out of the solid waste business. Mr. Shelley indicated that Orbital was in the business of managing and designing, but not operating. Mr. Evans- wondered about the problem of stray dogs tearing open the bags left at the curb for pickup. Mr. Farrand indicated that the same problem was encountered with dogs knocking over the garbage cans. Mr. Otten indicated that his experience with the bags was not better or worse than the can method. He indicated that ties were furnished for the bags. He felt the dogs were not that big a factor. Mr. Evans wondered about Accounts 321 and 324 and the new Account 430. He indicated that the total was about $36,500. He stated that this was a 40% increase. Mr. Vance indicated that an additional $8,000 was appropriated by the Council for gasoline in 1975. He indicated that the increase was only about 7% when the amounts for gas and repair parts were considered separately. REGULAR MEETING NOVEMBER 24 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mrs. Jane Swan, 2022 South Swygart Avenue, wondered how many bags would be furnished and at what intervals. Mr. Farrand indicated that 150 bags each year would be distributed and distribution would take place every six months. He indicated that additional bags would be sold for about 60% less than what could be purchased elsewhere. Councilman Serge felt the dogs would be a problem in getting into the bags. He wondered how many people in the city trash program at this time were paying customers. Mr. Farrand indicated that he was sure that there were people who did not pay their bills; however, he did not feel this was a problem. Councilman Serge wondered about the possibility of putting the filled bags inside the cans. Mr. Farrand indicated that, as long as the cans did not have to be picked up, he felt perhaps this could be responded to. He indicated that there was a limit on the maintenance per year for the vehicles of approximately $1,000. In the landfill, there were costs of 60% higher compaction. Councilman Kopczynski wondered if the Orbital compactors were available for direct_ purchase rather than just leasing. Mr. Otten stated that the trucks were available for sale; however, he did not recommend the outright sale of the trucks because of the benefits of the whole system. Councilman Kopczynski wondered about the price range, and Mr. Otten indicated that the price would range between $40,000 and $50,000 and two basic sizes of trucks were available. Councilman Miller wondered how many trucks had been purchased this year. Mr. Farrand indicated that three were purchased and three were proposed in the 1976 budget. Councilman Miller wondered if the trucks would last longer than three years. Mr. Farrand indicated that the cab and chassis was being replaced at three -year intervals, and the compactor at six -year intervals. Councilman Miller felt the Orbital System would be advantageous in terms of a clean system and less supervision. He felt the dollars did not prove out on a five - year basis. Mr. Farrand felt the Orbital System was less susceptible to increases in labor and landfill costs. Councilman Kopczynski wondered about any advantages of the regular system utilize by the city. Mr. Farrand felt the biggest advantage of the present system was that everyone was used to it and it provided more jobs. Council President Parent felt the Orbital System provided some means for the economy and he talked about inefficiencies in the present system. He felt the whole arrangement would have to be checked into. He felt he would probably want to go along with the present system for the time being. Councilman Nemeth indicated that, four years ago, a great deal of turmoil had been created with a new system. He felt that perhaps the Orbital System might be a better system; however, he stated that the Urban Observatory Program had conducted a survey and found overwhelming approval by the citizens of the present system. He felt, because of this, that the present system should not be changed. He also wondered about the possibility of laying off employees by going into a new system, and he stated that it would not be wise to do this at this time. Councilman Taylor felt it would be a mistake for the Council to "close the lid" on the topic of garbage and trash collection. He felt the Orbital System offered ecological advantages. He talked about the five -year contracts which would be utilized under the Orbital System, and he felt competition would be great every five years. He was hopeful that, if a better job was not done in the inner city, another look would be given to the Orbital System or another similar system. Councilman Horvath felt there might be a problem with trying to put bulky materials into the bags. He felt the program would not not fit into the community at this time. Councilman Nemeth made a motion that item 3J, Waste, be recommended favorably to the Common Orbital System, be stricken from the Council's Parent seconding the motion. being the regular budget for the Bureau of Solid Council and that item 3K, being the new proposed files. The motion carried, with Council President ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING GARAGE FEES AND FUNDS FOR THE YEAR 1976 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 190 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1955. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Michael Vance, Chief Deputy Controller, made the presentation for the ordinance. He indicated that there were no additional personnel added and the same level of expenditures was being discussed. He indicated that, in the other contractual services, there was an additional $8,000 to cover the repair of the outside surfaces of the Jefferson Street Garage. Councilman Miller wondered if this budget would go on computer in the future, and Mr. Vance state that it would as of January 1. Councilman Miller wondered about income projection, and Mr. Richard Hunt, Deputy Controller, indicated that the income from the garages and flat lots would approach the $260,000 to $280,000 mark. He stated that the income from the Parking Meter Depart- ment would approach approximately $140,000 to $150,000 with an additional $75,000 to $80,000 receipted into the Parking Meter Fund from collection of traffic violation fees. Councilman Miller asked about the balance in the fund, and Mr. Hunt indicated that he did not have that information readily available at this time. Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING METER FEES AND FUNDS FOR THE YEAR 1976 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 208 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1965. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Michael Vance, Chief Deputy Controller, made the presentation for the ordinance. He indicated that the ordinance would appropriate funds to operate the parking meter "service department" and installation department. He indicated that the same budget as last year was being proposed with the exception of Account 241 which was included in order to print additional parking tickets. REGULAR MEETING NOVEMBER 24, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. John Sullivan, 906 East Fairview, indicated that a study had been undertaken at Indiana University of South Bend which proved that it cost more to write out the parking tickets than what was collected. He asked if perhaps part of this was due to more copies of the ticket being printed Councilman Nemeth indicated that the income from the meters was $135,000 and the outgo was approxi- mately $125,000, with another $90,000 coming from the parking meter fines. He indicated that there was income received on the program at the present time. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, indicated that the meter maids' salaries were included in the Police Department budget. He wondered about this, and Mr. Vance indicated that Mr. Evans should realize the cost of issuing the tickets. He indicated that the cost of switching was established. Councilman Nemeth indicated that revenue was needed to pay the bonds and putting the salaries of the meter maids in the particular budget would take up more tax money that could be applied to the bonds. Mr. Richard Hunt, Deputy Controller, indicated that, in the future, if sufficient revenues were generated, this money could be used to repay the General Fund. Mrs. Jane Swan, 2022 South Swygart Avenue, felt the purpose of the meters was to get a turnover. She wondered how the meter maids checked on whether or not the cars were moved. Council President Parent indicated that a few people plug the meters, but he felt this was not a great problem. Councilman Serge wondered how many times the meter maids covered a certain area. Chairman Newburn reminded Mrs. Swan that sufficient manpower was not available to ticket the cars and also check each hour and mark tires to determine whether or not a ^person was plugging the meters. Councilman Serge wondered about the number of parking meters the city owned, and Mr. Vance indicated that he was not sure of the exact number. Councilman Serge requested that all meters be emptied at 5:00 p.m. because of the vandalism caused to the meters by thieves. Mr. Hunt indicated that almost 900 meters were located in a four -block area, and it would be impossible to empty all the cash boxes on the meters at 5:00 p.m. every day. He indicated that there was just not enough manpower available. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Nemeth. The motion carried. At this time, Chairman Newburn asked if anyone was present to make a presentation for the first item on the agenda which was the rezoning of 800 East Jefferson Boulevard. In view of the fact that the petitioner was not yet present, Councilman Miller made a motion to continue the ordinance to the December 15th meeting of the Council, seconded by Council President Parent. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Nemeth made a motion to rise and report to the Council, seconded by Council President Parent. The motion carried. ATTEE,SQT`- i _/ CITY CLERK REGULAR MEETING - RECONVENED ATTEST: CHAIRMAN Be it remembered that the regular meeting of the Common Council of the City of South Bend reconvened in the Council Chambers at 9:25 p.m., Council President Parent presiding and nine members present. REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the November 10, 1975, regular meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. s/ Roger O. Parent Councilman Horvath made a motion that the report be accepted as read, placed on file and the minutes be approved, seconded by Councilman Taylor. The motion carried. REPORT OF 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 Miller. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). REPORT FROM THE AREA PLAN COMMISSION (2515 East Jefferson Boulevard) The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 November 19, 1975 In Re: A proposed ordinance and site development plan of the South Bend Osteopathic Hospital, Inc. (Dr. Walter W. Landis, Chairman) to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located on the north side of Jefferson Boulevard, east of Tuxedo Drive, City of South Bend Gentlemen: The attached rezoning petition of the South Bend Osteopathic Hospital, Inc. (Dr. Walter W. Landis, Chairman) was legally advertised November 8 and November 15, 1975. The Area Plan Commission gave it a public hearing on November 18, 1975, at which time the following action was taken: REGULAR MEETING - RECONVENED (CONTINUED) REPORT FROM THE AREA PLAN COMMISSION (CONTINUED) "Upon a motion by Robert Lehman, being seconded by Joseph Simeri, and unanimously carried, the petition of the South Bend Osteopathic Hospital, Inc. (Dr. Walter W. Landis, Chairman) to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located on the north side of Jefferson Boulevard, east of Tuxedo Drive, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to a final site plan, by the Area Plan Commission." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your considera- tion in the review of this matter is the Area Plan Staff Report. Very truly yours, s/ Richard S. Johnson RSJ /cm Executive Director attach. cc: Dr. Walter W. Landis William N. Farabaugh, Attorney Councilman Miller made a motion to set the ordinance referred to in the report for public hearing and second reading on December 15, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (800 East Jefferson Boulevard). This ordinance had second reading. In view of the fact that no one had been present to presentation of the ordinance during the Committee of the Whole portion of the meeting, Miller made a motion to continue the ordinance to the December 15, 1975, regular meeting Council, seconded by Councilman Taylor. The motion carried. ORDINANCE NO. 5917 -75 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (319 North William Street). make a Councilman of the This ordinance had second reading. Councilman Miller made a motion to pass the ordinance, seconded by Councilman Nemeth. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (407 West Navarre Street). This ordinance had second reading. Councilman Nemeth made a motion to strike the ordinance from the Council's files, seconded by Councilman Taylor. The motion carried. ORDINANCE NO. 5918 -75 AN ORDINANCE TRANSFERRING $38,129.85 IN THE GENERAL PARK FUND. ALL TRANSFERS ARE BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE AN ORDINANCE TRANSFERRING $2,600.00 FROM VARIOUS ACCOUNTS WITHIN THE COMMON COUNCIL BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA, TO ACCOUNT 261, "PROMOTIONAL EXPENSE ", OF THE PARKING METER FUND OF THE CITY OF SOUTH BEND, INDIANA. Council President Parent indicated that any action to be on the ordinance could be taken und( the unfinished business portion of the meeting. He felt action on the ordinance would be more appropriate at that time. ORDINANCE NO. 5919 -75 AN ORDINANCE AMENDING ORDINANCE NO. 5766 -74, COMMONLY KNOWN AS AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND MUNICIPAL WATER (continued) REGULAR MEETING NOVEMBER 24 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5919 -75 (CONTINUED) WORKS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1975, AND ENDING DECEMBER 31, 1975. This ordinance had second reading. Councilman Miller made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Newburn. It was indicated that no amendments had been made to the ordinance during the Committee of the Whole meeting. Councilman Miller then made a motion to pass the ordinance, seconded by Councilman Newburn. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5920 -75 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1976, AND ENDING DECEMBER 31, 1976, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had second reading. Councilman Miller made a motion to amend the ordinance as amended in the Committee of the Whole, 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5921 -75 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE WASTE WATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1976, AND ENDING DECEMBER 31, 1976, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had second reading. Councilman Serge made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Miller. The motion carried. Councilman Miller then 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5922 -75 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SANITATION OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1976, AND ENDING DECEMBER 31, 1976, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had second reading. Councilman Serge made a motion to pass the ordinance, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen 'Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5923 -75 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SOLID WASTE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1976, AND ENDING DECEMBER 31, 1976, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT (1). This ordinance had second reading. Councilman seconded by Councilman Taylor. The ordinance Serge, Szymkowiak, Miller, Taylor, Kopczynski, Miller made a motion to pass the ordinance, passed by a roll call vote of nine ayes (Councilmen Horvath, Nemeth, Newburn and Parent). ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SOLID WASTE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1976, AND ENDING DECEMBER 31, 1976, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT (2). This ordinance had second reading. Councilman Nemeth made a motion to strike the ordinance from the Council's files, seconded by Councilman Newburn. The motion carried. - ORDINANCE NO. 5924 -75 AN ORDINANCE APPROPRIATING ALL PARKING GARAGE FEES AND FUNDS FOR THE YEAR 1976 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN (continued) REGULAR MEETING NOVFMRER 24, 197S REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5924 -75 (CONTINUED) ACCORDANCE WITH CHAPTER 190 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1955. This ordinance had second reading. Councilman Miller 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5925 -75 AN ORDINANCE APPROPRIATING ALL PARKING r METER FEES AND FUNDS FOR THE YEAR 1976 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 208 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1965. This ordinance had second reading. Councilman Miller made a motion to pass the ordinance, second by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO RADIO DISTRIBUTING COMPANY, INC. This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public hearing and second reading on December 15, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE NO. 5926 -75 AN ORDINANCE TRANSFERRING $650.00 FROM VARIOUS ACCOUNTS WITHIN THE CITY CLERK'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA, TO ACCOUNT NO. 110.0, "SALARIES AND WAGES ". This ordinance had first reading. Councilman Kopczynski made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Nemeth. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). The ordinance then had second reading. Mrs. Irene Gammon, City Clerk, explained that there would be a change of employment within her office on January 1. She indicated that the position of Chief Deputy Clerk was a very responsible one and she wanted to be able to hire someone to work during the month of December, if possible, in order to familiarize herself with the duties of the office while the present Chief Deputy was still employed. Councilman Nemeth 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE AN ORDINANCE APPROVING THE APPROPRIATION OF $1,140 FROM THE URBAN REDEVELOPMENT FUND TO SERVICES CONTRACTUAL ACCOUNT #269 FOR SECOND YEAR RENTAL ASSISTANCE PAYMENT. This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public hearing and second reading on December 15, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROVING THE EXPENDITURE OF $75,000.00 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE BUREAU OF ENVIRONMENTAL PROTECTION. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on December 15, 1975, seconded by Councilman Taylor. 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 ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on December 15, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 5820 -75, ESTABLISHING A MERIT SYSTEM OF PROMOTIONS FOR THE BUREAU OF POLICE OF THE CITY OF SOUTH BEND. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on December 15, 1975, seconded by Councilman Newburn. The motion carried. REGULAR MEETING NOVEMBER 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) (ORDINANCE AN ORDINANCE TRANSFERRING THE BALANCE OF $24,000.03 FROM THE URBAN REDEVELOPMENT FUND TO THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Miller made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Horvath. The motion was lost as Councilman Nemeth cast the dissenting vote. Mr. Michael Vance, Chief Deputy Controller, explained that legal publi- cation of the ordinance must take place and that the administration was not asking for suspension of the rules for the ordinance. In view of that, Councilman Miller made a motion to set the ordinance for public hearing and second reading on December 15, 1975, seconded by Councilman Horvath. The motion carried. (PRIVILEGE OF THE FLOOR Miss Barbara Schankerman, 1615 Rockne Drive, indicated that she had been calculating revenues, etc regarding the parking meters, and she stated that she had come to the conclusion that the meters were only receiving 250 occupancy. Mr. Richard Hunt, Deputy Controller, indicated that he would provide a copy of the audit for Miss Schankerman showing the exact figures concerning income and expenses. Mrs. Jane Swan, 2022 South Swygart Avenue, expressed concern that a precedent might be set con- cerning the dates that ordinances were set for public hearing because of an incident involving the transfer of $2,600 from the Council's budget to the Parking Meter Fund. She felt that free parkin was not a "do or die" situation, and she wondered why the date for the public hearing on the ordinance had been changed to November 24th when the date set by the Council had been December 15t She indicated that she always marked her agenda according to the motions made by the councilmen an she had the December date. Council President Parent stated that he had submitted a memo to the councilmen concerning the issue and he provided a copy of the memo for Mrs. Swan. He indicated that, at the November 10th meeting, he had inadvertently phrased incorrectly the motion to set the public hearing for December 15th rather than November 24th. He stated that he had asked the Clerk to advertise the ordinance for the November 24th meeting and insert the November 24th date in the rough draft copy of the minutes. He indicated that he felt he had done nothing illegal concerning the date of the public hearing. Councilman Kopczynski asked if Council President Parent had requested the Clerk to change the date in the minutes of the meeting. Council President Parent indicated that he had asked that the Clerk show the November 24th date in the work draft of the minutes which he would have asked the Council to approve. He indicated that this procedure could be utilized as long as the Council was aware of the situation and approved it. Councilman Kopczynski felt the Council should be very careful in the future in thinking these programs out before acting on new ideas. He asked if the Clerk's Office had been approached to change the date of the minutes, and Mrs. Gammon indicated that she had been. Councilman Kopczynski indicated that changing public records could be a felony under certain circumstances. Council President Parent felt charges of that kind were outrageous and not called for. He felt Councilman Kopczynski was only making an issue of the matter because he wanted the Council presidency next year. Councilman Horvath also felt that none of this was called for. Chairman Newburn indicated that he had attempted to eliminate an incident such as this in the Committee of the Whole meeting. He felt the whole matter was a game and he felt all petty jealousies should be eliminated. Mrs. Swan indicated that her curiosity had been aroused and this was why she had questioned the matter. Mrs. Gammon asked to speak. She indicated that she did not care whether or not the ordinance was given public hearing at this time. She wondered if it would be possible in the future, if a situation similar to this occurred again, that an addition be made to the minutes rather than having the constant bickering that was going on. Mr. Robert Parker, Deputy Attorney, indicated that many public bodies are in charge and control of their own minutes so they may ascertain to the truth. He indicated that a body could amend or change minutes. He felt that, perhaps the minutes should show what actually happened, but that another part show the intent of the Council. He stated that he would render a decision if needed. He felt the Council determined whether or not the minutes speak the truth. Councilman Miller felt it should be made clear that no minutes were changed, and he felt the motives of individual councilmen should not be judged because of something hypothetica He felt it went beyond the purpose of the meeting, and he made a motion that the Council proceed with the next item of business, seconded by Councilman Taylor. The motion carried. (UNFINISHED BUSINESS Councilman Newburn made a motion that the ordinance appropriating $195,000 from revenue sharing funds for fire truck equipment, which ordinance had been referred to the Committee of the Whole on November 10, 1975, be re -set for public hearing on December 15, 1975, seconded by Councilman Serge. Mr. Michael Vance, Chief Deputy Controller, indicated that there would be a time problem in trying to pass the ordinance in December. He indicated that all revenue sharing funds not spen but appropriated, would revert back to the fund at the end of the year and another appropriation would be needed in January. The motion carried. At this time, Council President Parent asked if the Council wished to conduct a public hearing on the ordinance transferring $2,600 from the Council's budget to the Parking Meter Fund in order to implement his parking proposal for downtown during the month of December. He asked Mr. Robert Parker to render an opinion on whether or not the ordinance ouldr be given public hearing without suspension of the rules. Mr. Parker felt considerable question might be raised it the matter was brought up at this time. He indicated that, if the minutes spoke the truth, then he felt the Council should not act on the ordinance; however, he indicated that a public hearing was not necessary to pass the ordinance. Councilman Nemeth wondered about suspending the rules, and Mr. Parker felt there was a method by which the ordinance could be considered and that was by suspensi of the rules. Council President Parent made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Serge. Councilman Serge indicated that the program was a trial program and if it was not implemented soon, there would be no reason to even have it. Councilman' Nemeth asked for an opinion from the State Board of Accounts regarding the matter. Mr, Michael Vance, Chief Deputy Controller, indicated that, in talking with representatives from the State Board of Accounts, he had been lead to believe that the state would not approve the transfer. Council President Parent appeared surprised at this remark and indicated that he felt he should have been notified of this decision because he had sponsored the ordinance. Mr. Vance apologized for not informing Council President Parent of this decision. Councilman Kopczynski indicated that REGULAR MEETING - RECONVENED (CONTINUED) he felt "haste makes waste ", and he advised the Council to consider thoroughly every item brought before it. There was a call for the question. The motion was lost as Councilman Szymkowiak cast the dissenting vote. He indicated that the amount of the transfer was part of his salary that he had elected not to take and he felt it should be used for capital improvements. Councilman Miller made a motion that the next regular meeting of the Council, scheduled for December 15, 1975, convene at 7:00 p.m., seconded by Councilman Taylor. The motion carried. NEW BUSINESS Council President Parent asked for suspension of the rules in order to have first reading on the following ordinance: AN ORDINANCE TRANSFERRING THE BALANCE OF $84,647.47 FROM THE TRACK ELEVATION FUND TO THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. Councilman Horvath made a motion to suspend the rules and have first reading, seconded by Councilman Serge. The motion was lost as Councilman Szymkowiak cast the dissenting vote. Councilman Nemeth indicated that he understood that the ordinance would relieve the existing deficit in the budget. He suggested that the Council strike the ordinance from the record. He made such a motion, seconded by Councilman Newburn. The motion carried. There being, no further business to come before the Council, unfinished or new, Councilman Taylor made a motion to adjourn, seconded by Councilman Kopczynski. The motion carried, and the meeting adjourned at 10:15 p.m. ATTEST: APPROVED -:- CITY CLERK PRESID +++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ + + + + +- ++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + II