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HomeMy WebLinkAbout06-10-13 Common Council Meeting Minutes REGULAR MEETING JUNE 10, 2013 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, June 10, 2013 at 7:00 p.m. The meeting was called to order by Council President Derek Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th Oliver J. Davis 6 District, Vice-President th David Varner 5 District Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the May 29, 2013, meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 4260-13 A RESOLUTION OF THE SOUTH BEND COMMON TH COUNCIL ESTABLISHING THE 8 ANNUAL NATIONAL DUMP THE PUMP DAY ON THURSDAY, JUNE 20, 2013, IN SOUTH BEND, INDIANA th Whereas, June 20, 2013 marks the 8 annual National Dump the Pump Day as a day that encourages people to ride public transportation to save money, protect the environment, reduce our dependence on foreign oil, and improve the quality of life for all Americans; and Whereas, people who ride public transportation can save, on average, more than $9,700 per year, based on today’s gas prices, the cost of owning a car and the average unreserved parking rate; and Whereas, for every $1 invested in public transportation, $4 is generated in economic returns; and Whereas, U.S. public transportation usage reduces the country’s carbon footprint by 37 million metric tons – which is the equivalent to New York City; Washington, DC; Atlanta; Denver; and Los Angeles combined electrical usage; and Whereas, the U.S. public transportation usage saves 4.2 billion gallons of fuel annually; and 1 REGULAR MEETING JUNE 10, 2013 Whereas, public transportation use in 498 urban areas in the United States saved 865 million hours annually in travel time and 450 million gallons of fuel; and without public transportation, annual congestion costs would have risen by nearly $21 billion from $121 to $142 billion. Now, Therefore Be it Resolved by the Common Council of the City of South Bend Indiana, as follows: Section I. The South Bend Common Council hereby declares Thursday, June 20, 2013, as “NATIONAL DUMP THE PUMP DAY” in South Bend, and we join with public transportation agencies across the country in participating in the 8th annual National Dump the Pump Day to encourage transit ridership. Section II. The South Bend Common Council notes that by using public transportation people save money; help the environment; reduce dependence on foreign oil; and improve America’s quality of life. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Oliver J. Davis Member of the Common Council Councilmember Oliver Davis made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety. A Public Hearing was held on the Resolution at this time. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Scott seconded the motion which carried. REPRESENTING THE CITY ADMINISTRATION WILL BE MIKE SCHMUHL – CHIEF OF STAFF. REPORTS OF CITY OFFICES Phil St. Clair, Superintendent, Park Department, 321 E. Walter Street, South Bend, Indiana, presented an equipment and capital expenditures update for the Park Department. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:25 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 11-13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 WESTERN AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 2 REGULAR MEETING JUNE 10, 2013 Councilmember Dieter made a motion to continue this bill at the request of the petitioner until the July 8, 2013 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 09-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED CHRONIC PROBLEM PROPERTY REGULATIONS Councilmember Oliver Davis made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of nine ayes. Councilmember White, Chairperson, Health & Public Safety Committee, reported that this committee held a public hearing on this bill and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Councilmember Tim Scott, 711 Forest Avenue, South Bend, Indiana, made the presentation for this bill. Councilmember Scott thanked his co-sponsors Councilmember’s Dieter and White. He stated that they worked closely together with the administration to arrive at this bill. Councilmember Scott stated that he gave a more comprehensive presentation this afternoon in Committee and that he would briefly reiterate the highlights of the bill. He stated that the main reason for this bill is to deal with excessive calls for service and putting an undue burden on public safety services. Councilmember Scott used Seattle, WA as an example that has a population of roughly 608,000 with roughly 750 calls for service and compared to South Bend which has a population of roughly 100,000 and with just one apartment complex Courtyard Place Apartments had over 550 calls for service. He stated that he went through the numbers to get a perspective of those calls for service and why there is a need for a chronic nuisance bill in South Bend. He stated that they took a sample of 60 days from April to June 2013 that would fall under the chronic nuisance bill and looked at the criteria for calls for service based on the chronic nuisance criteria. Within those calls for service in 60 days 3849 calls and there were 774 properties that were involved with these. He stated that it is not all the large complexes that are an issue in South Bend it is also the single owner properties as well. He looked at the cost to taxpayers for that 60 day period it cost almost 1 million dollars. He noted that if you amortize that over 12 months it could possible cost over 11.5 million dollars just dealing with repeat calls for service. He stated that in Portage Twp. (Civil City of South Bend) there are over 48,000 parcels and of all of that only 2% are dealing with chronic nuisance, but it is consuming over 39% of the police budget. Councilmember Scott noted that if you look at the criteria for 50 units or less which would fall under the 5 calls within 60 days, there were 266 properties in the sampling for calls for service were 2,222 and the number of properties that were 51 units or above had twelve calls or more which would be part of the chronic nuisance bill 51 properties or more which would get twelve calls for service and would get 90 days and that there would only be 8 properties. The number of calls for service for those 8 properties would be 163 which would be roughly $40,000 taxpayer cost. He compared large apartment complex versus single properties. He stated that there were 46 large apartment complexes within the sampling, 372 calls, $93,000. Out of those 46 only eight would fall under the criteria for chronic nuisance properties. But if you look at the single unit dwellings within the city there were 771 calls of properties that would fall under the chronic nuisance properties resulting in 3,477 calls and over $800,000 dollars. Councilmember Scott stated that he uses Courtyard Apartments as an example but 622 Portage Avenue which is close to his home has had 13 calls for service within a 60 day period. He reiterated that single units are an issue in our city and we need to address them and the chronic nuisance property bill would do just that. He stated that there is remediation in the bill to work with the city administration and these larger apartment complexes to remedy these calls for service. Councilmember Scott went over the fines and penalties for this bill. 3 REGULAR MEETING JUNE 10, 2013 Police Chief Ron Teachman, 701 W. Sample Street, South Bend, Indiana, stated that he is appreciative of the Council and the sponsors of this bill. He stated that it will bring . accountabilityHe stated that during the drafting of this bill he has seen a difference in the owners by bringing them to the table for discussion and input. Councilmember Scott filed into the record a letter from Mayor Buttigieg in support of this bill. Comments and questions were heard from Councilmembers. This being the time heretofore set for the Public Hearing on the above bill, property and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill: Dan Demler, President FOP #36, South Bend, Indiana Dr. Judith Kapacinskas, 1739 Riverside Drive, South Bend, Indiana Tyris Benry, 3534 Langley, South Bend, Indiana Stephanie Stamburg, 3508 Langley, South Bend, Indiana Chris Sopczynski, 2403 Westmoor, South Bend, Indiana Christopher Huff, 1831 College St., South Bend, Indiana The following individuals spoke in opposition to this bill: Rev. Greg Brown, 1238 Diamond, South Bend, Indiana Sam Brown, LaSalle, South Bend, Indiana Christine Jacobs, South Bend, Indiana Jesse Davis, P. O. Box 10205, South Bend, Indiana Mark Lanover, 9100 Keystone Crossing Avenue, Indianapolis, Indiana Linda Orange, Indianapolis, Indiana Councilmember Oliver Davis made a motion to for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) BILL NO. 18-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6-6.6 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS Councilmember Oliver Davis made a motion to continue this bill until the June 24, 2013 meeting of the Council. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole 4 REGULAR MEETING JUNE 10, 2013 REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 9:02 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 10232-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED CHRONIC PROBLEM PROPERTY REGULATIONS This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried. Additionally, Councilmember Oliver Davis made a motion to a pass this bill as amended. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) RESOLUTIONS RESOLUTION NO. 4261-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE GREEN ROOF INITIATIVE FOR THE CENTURY CENTER Whereas, the South Bend Common Council recognizes that the Century Center in downtown South Bend located along the St. Joseph River opened in 1977; and Whereas, the Common Council further recognizes that the Century Center features over 75,000 square feet of convention space, and other amenities such as the Bendix Theatre, Recital Hall, and Island Park which is attached to the east-side of the Century Center along the river; and Whereas, the Common Council has been advised that the Century Center roof above the June Edwards Wing is in need of repair and replacement; and Whereas, the Common Council has been further advised that a recent engineering feasibility study has confirmed that the roof above the June Edwards Wing would support a “vegetated roof system with limited public access” also known as a “Living Roof”; and Whereas, “Living Roofs” offer a viable option for a roof retrofit and provide such benefits as: doubling the life of a roof; reducing energy consumption; capturing and filtering storm water; and air purification; and Whereas, Greening the Bend, Inc. is a non-profit organization which is “dedicated to sustainable development with the South Bend Community: who “seeks to bolster a renaissance in South Bend by promoting green spaces and human-friendly urban features that protect water and our River as a precious natural resource…resulting in social, economic, and environmental benefits for the South Bend area”; and Whereas, Greening the Bend, Inc. has proposed to raise funds through private fund-raising efforts and grant opportunities to replace the roof at no additional cost to the City of South Bend. 5 REGULAR MEETING JUNE 10, 2013 Whereas, Greening the Bend, Inc. has proposed to raise funds through private fund-raising efforts and grant opportunities to replace the roof at no additional cost to the City of South Bend. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The South Bend Common Council supports the project recommended by Greening the Bend, Inc. to raise funds to replace the existing roof above the June Edwards Wing of the Century Center with a “Living Roof”. The Council believes that such a project of a citizen group would enhance civic pride through their engagement, creativity, and hard work. Section II. The South Bend Common Council believes that such an initiative would bring together many diverse groups to work together for creative and sustainable solutions. Section III. The South Bend common Council further believes that the proposed “Living Roof” project would positively contribute to the limitless opportunities for exceptional experiences in downtown South Bend, and would be in the best interest of upgrading and preserving the Century Center. Section IV. The Common Council directs the Office of the City Clerk to transmit a copy of this Resolution upon its adoption to the Century Center Board of Managers. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Dr. Fred Ferlic Member of the Common Council th Councilmember Dr. Fred Ferlic, 4 District Councilmember along with Kathleen Petitjean, MLC, Executive Director of Greening the Bends, Inc., a local non-profit organization whose mission is to raise funds for projects which increase awareness of water as a natural resource and promote sustainable urban design, made the presentation for this Resolution. They advised that this bill calls for creative and innovative method to replace the roof above the June Edwards Wing of the Century Center. A recent engineering study shows that a “Living Roof” is feasible as a viable green alternative for the roof in questions. Greening the Bend, Inc. has graciously offered to work to raise funds for this project at no additional cost to the City of South Bend. Councilmember Dr. Fred Ferlic asked the Council for their unanimous adoption of this Resolution. A Public Hearing was held on the Resolution at this time. Councilmember Scott made a motion to adopt this Resolution. Councilmember Schey seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4262-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE CITY ENTER INTO A PUBLIC/PRIVATE PARTNERSHIP AGREEMENT ADDRESSING THE POTAWATOMI ZOO Whereas, the Common Council of the City of South Bend, Indiana, acknowledges that in 1902 the Potawatomi Zoo opened, making it the oldest zoo in the State of Indiana; and Whereas, the Council further acknowledges that the Potawatomi Zoo features over four hundred (400) animals on twenty-three (23) acres of land at its location at 500 South Greenlawn Avenue, with a special emphasis on large cats, primates and Australian animals, with more recent additions including a North American river otter exhibit; and 6 REGULAR MEETING JUNE 10, 2013 Whereas, the 2012 Parks & Recreation Department’s Annual Report notes that in 2012 the zoo had seven (7) “significant Species Survival Plan (SSP) births…of these rare births included: Diana Monkey, Sichuan Takin, Southern Ground Hornbill, and Red Necked Wallaby joeys…”; with 46 new animals also being acquired last year which included chimpanzee, a Snow Leopard, Amur Leopard, and Red Panda; plus baby goats, ferrets, wallabies and short-tailed opossum; and Whereas, the 2012 Parks & Recreation Department’s Annual Report also reported that total paid attendance was up last year – rising to 104,013 from 97,684 in 2011; and Whereas, the Potawatomi Zoo is accredited by the Association of Zoos and Aquariums, which is dedicated to the advancement of zoos and public aquariums in the areas of conservation, education, science and recreation; and facilitates Species Survival Plans and Population Management Plans; and Whereas, the May edition 2009 edition of Parents magazine listed Fort Wayne’s zoo as one of the top “Ten Best Zoos for Kids”, and noted that it is operated by the Fort Wayne Zoo Society; and Whereas, the Council’s Parks, Recreation, Cultural Arts & Entertainment (PARC) Committee met in the Council Chambers on May 9, 2013 and heard a detailed presentation from the Zoological Society and who gave a 16-slide power-point which provided information on a “Public Private partnership Overview” with all of that information being on record in the Office of the City Clerk; and Whereas, at the PARC Committee meeting members of the public had the opportunity to address the Committee which included two (2) Union Officials, one of which included the Business Agent for Teamster Local Union No. 364 who represent many of the Potawatomi Zoo City employees who offered support for this concept so long as employee wages and benefits would not be negatively impacted; Whereas, the Common Council recognizes that a Public Private Partnership between the City of South Bend and the Potawatomi Zoological Society provides an excellent opportunity for the zoo to Potawatomi Zoo Resolution Supporting a Public Private Partnership maintain its AGA accreditation; and would also enable the establishment of a “best-practices management model that would be fiscally sustainable” and in the best interests of the City of South Bend, Indiana. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council has had the opportunity to review the proposed Public Private Partnership between the City of South Bend, Indiana and the Potawatomi Zoological Society which the City Administration has been studying for several months. Section II. The Council believes that so long as the City employees working at the Potawatomi Zoo have the opportunity to maintain their salaries and financial benefits, including the opportunity to be a member of a union, that the projected benefits of such an arrangement would enable the Potawatomi Zoo to become a world-class zoo which offers exceptional and outstanding experiences to the public, its animals, and its employees. Section III . The undersigned members of the Common Council believe that once the conditions addressing City employees are properly addressed that such a Public Private Partnership would be in the best interests of the City of South Bend and should become effective January 1, 2014. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Tim Scott, 1 District s/Oliver J. Davis, 6 District nd s/Henry Davis, Jr., 2 District s/Derek D. Dieter, At Large rd s/Valerie Schey, 3 District s/Gavin Ferlic, At Large th s/Dr. Fred Ferlic, 4 District s/Karen L. White, At Large 7 REGULAR MEETING JUNE 10, 2013 th Dr. David Varner, 5 District Kathleen Cekanski-Farrand, Attorney th Attest: Approved this 11 day of June, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend nd Councilmember Henry Davis, Jr., Chairperson, PARCS Committee and 2 District Councilmember, made the presentation for this Resolution. Councilmember Davis advised that as the Chairperson of the Parks, Recreation, Cultural Arts & Entertainment (PARCS) Committee, he is pleased to present this bill. He stated that the Common Council had the opportunity to review documents dealing with proposed public private partnership between the City of South Bend and the Potawatomi Zoological Society. He stated that Councilmember’s had the chance to evaluate the proposal under a cost/benefit analysis. He stated so that there is additional discussion on this important concept he is seeking Council’s favorable adoption. A Public Hearing was held on the Resolution at this time. Mr. George Horn, 500 S. Greenlawn, Past President of the Zoological Society, spoke in favor of this bill. Councilmember Scott made a motion to adopt this Resolution. Councilmember Schey seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 26-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 21-05 PLANNED UNIT DEVELOPMENT DISTRICT, TO REVISE THE CRITERIA USED IN DETERMINING MAJOR/MINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME LIMITS TO OBTAIN SECONDARY APPROVAL This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 27-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF DONMOYER AVENUE FROM THE WEST LOT LINE OF LOT 4, FOREST HILL ADDITION AND EAST LOT LINE OF SAID LOT 4 FOR A DISTANCE OF 40 FEET AND A WIDTH OF 16 FEET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 24, 2013. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. 8 REGULAR MEETING JUNE 10, 2013 BILL NO. 28-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND AMENDING SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on June 24, 2013. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 29-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 61, SECTION 19- 61 (a) OF THE SOUTH BEND MUNICIPAL CODE AS TO LIMITED SALE OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS This bill had first reading. Councilmember Varner made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on June 24, 2013. Councilmember Dr. Fred Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION BILL 16-13 – REZONING 3529 & 3527 WESTERN AVE. Councilmember Scott made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on June 24, 2013. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis, Jr. asked to have a committee meeting to discuss too much police presence. He also noted that the EPA was hosting an open house on June 13, from 1-4 p.m. and 5-8 p.m. at the Charles Black Sr. Recreation Center, 3419 W. Washington St., South Bend, to discuss the recent proposal of the Beck’s Lake site to the Superfund list. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. MARIO SIMS REGARDING THE POLICE CHIEF Mario Sims, 237, South Bend, Indiana, stated that he has been receiving calls from people in the community about an incident that happened at the King Center. Mr. Sims stated that he filled out the appropriate form “Privilege of the Floor Form” to have an investigation started by the Council. Mr. Sims stated that a young girl came into the King Center and stated that there was a man outside with a hand gun. There was an officer along with the Police Chief inside the King Center. The officer went outside while the Police Chief stayed inside and did not back up the officer. He stated that he has been told that Lt. Lee Ross, Internal Affairs, is intimidating those that want this issue investigated. He stated that after some research he learned that it is not appropriate for Internal Affairs to be conducting an investigation; it should be the Board of Public Safety. He stated that these are allegations that are certainly ugly and need to be investigated and the Council has that authority. He stated that he believes that the Chief and Police Officer would probably like to have these allegations cleared up as well as the community. 9 REGULAR MEETING JUNE 10, 2013 COMMENTS FROM MR. JESSE DAVIS REGARDING CORRUPTION AND FRAUD IN THE BUREAU OF SEWERS Jesse Davis, P. O. Box 10205, South Bend, Indiana, stated that he has filed several “Privilege of the Floor Forms” to have the fraud that was committed against the City investigated by the Council. He stated that he has presented information to the St. Joseph County Prosecutor, who said that it needs to be investigated by the South Bend Police Department who then in turn sends it to the City’s Legal Department to be handled as a civil matter. Mr. Davis asked that this matter be sent to the Health & Public Safety Committee of the Council as well as the Personnel & Finance Committee to look into why this issue is not being investigated properly. Mr. Davis proceeded to play a conversation with the Chief on how this matter should be handled. Mr. Davis noted that he is providing a DVD of the full conversation so that the Council can listen more closely as to why the Chief says this is a civil matter and not a crime. Mr. Davis handed the DVD to Clerk John Voorde. COMMENTS FROM REV. GREG BROWN REGARDING THE POLICE CHIEF Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, stated that he wants to ask the Council to find out why Chief Teachman would hold up leg irons in a church and ask the people to help with the task of keeping our youth out of the said leg irons. Yet in a matter of months later he himself would not help a fellow officer break up a fight at the Martin Luther King (MLK) center. He also asked why would the Chief send officers to the MLK Center to try and gain access to their video and ask questions related to the issue when the Board of Public Safety has not had a chance to investigate this themselves yet. He stated that he has a video from Greater St. John Missionary Church prior to this incident at the King Center of Chief Teachman showing the leg irons in the church. He stated that he came to ask the community and church members to help from preventing youth from being locked up. Rev. Brown played several minutes of the video. He stated that the church is approximately 75 feet from the King Center where the altercation took place outside and the Chief did not back up his officer. He asked the Council to call for an investigation. COMMENTS FROM MR.SAM BROWN REGARDING THE POLICE CHIEF Sam Brown, LaSalle, South Bend, Indiana, asked when is the Police Chief going to fill the open positions at the Police Department or is he going to eliminate them. He asked the Council if they can get any answers. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:08 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 10