Loading...
HomeMy WebLinkAbout08-28-72 Council Meeting MinutesREGULAR MEETING AUGUST 28, 1972 Be it remembered that the Common Council oEthe City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, August 28, 1972 at 8:00 p.m. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: Councilman Parent Mr. Nemeth explained that Mr. Parent was absent from the city because of illness in his family. President Nemeth announced that the chair would entertain a motion to appoint Bernard L. White, Jr. as a member of the South Bend Public Transportation Corporation, so moved by Councilman Newburn, seconded by Councilman Horvath.. The motion carried unanimously. City Clerk Irene K. Gammon then administered the oath to Mr. White. President Nemeth then asked for a motion to suspend the rules in regard to the order of business so that Items 9A and 9B could be heard before the budget hearing. Councilman Taylor moved for the suspension of rules, seconded by Councilman Horvath, and the motion carried unanimously. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO THE SOUTH BEND TOY MANUFACTURING COMPANY, INC. This ordinance had first reading by title and second reading in full. Councilman Newburn made a motion to suspend the rules and hold public hearing and third reading on the ordinance at this time, seconded by Councilman Kopczynski. The motion carried unanimously. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, said that he would like to propose an amend- ment to the ordinance as read which would involve the insertion of five words in Section 1 and that he would like Council approval of an Economic Development Resolution passed August 14th relating to this ordinance. President Nemeth said that this should properly be taken up under Resolutions on the Agenda and Mr. Fedder said that, in that case, he would prefer to wait and handle the whole matter at that time. Councilman Kopczynski then moved to withdraw the motion for suspension of the rules to take up Items 9A and 9B at this time, seconded by Councilman Taylor. Motion carried. President Nemeth explained that the hearing on the budget would be conducted in the following manner. A representative of the City Administration will make a brief general presentation on the budget. After that, the budget will be taken up Department by Department, the Council will announce what cuts it is considering and any citizens will have an opportunity to be heard and to question Department heads. The cuts that are being indicated will not necessarily be the actual cuts but changes may be made during the hearing. Councilman Taylor moved to resolve into the Committee of the Whole, seconded by Councilman Horvath. Motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building on Monday, August 28, 1972 at 8:20 p.m. with eight members present. Councilman Newburn called the meeting to order, and presided as Chairman of the Committee of the Whole. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1973 AND ENDING DECEMBER 31, 1973, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. Mr. James Barcome, City Controller, expressed the apologies of Mayor Miller who is out of the Clity representing Indiana at an anti - pollution meeting in Washington. Mr. Barcome said they have been working on the budget since March. All Department heads held meetings with the admin- istration and the budget requests were cut to the bone. The budget requests totaled $19,000,000 but, after a series of meetings and lire by line cuts, the total was reduced to $18,340,000, $660,000 below what department heads had requested. This budget calls for a civil city tax REGULAR MEETING AUGUST 28, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) levy of $5.64, llfi higher than last year's proposal. Last year's budget included 80 positions funded by E.E.A. Mayor Miller feels there is too much dependency on federal programs and that the city must begin to stand alone. Because of a decision by Governor Whitcomb, the Street Department will not get the state gasoline tax money but must now rely on the property tax. The tax in- crease this year reflects a 33/ increase in salaries and wages. This is not a large or unnecessar, increase. Mr. Barcome said that they realize the property tax is a killer tax and the Mayor is working with the Association of Cities and Towns for state and federal legislation to equalize the tax burden. He then said the various Department heads were all here to answer questions. OFFICE OF MAYOR - Mr. Nemeth said the Council is proposing that A213 Traveling Expense be cut to $1000. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that all budgets are up in the entire county and that:the property tax payer is bearing the brunt of this. The South Bend Civil City budget is up $1,753,000 and the rate is up .964. This must be reduced. Homeowners, businessmen and industry must be encouraged to stay in South Bend. She said'she was disappointed that the Mayor was not here for the public hearing on the budget he proposed. Mrs. Ann Wlodarski, Vice President of the Fair Tax Association, said she wished to thank the Council publicly for the opportunity to review the proposed budgets with them. She also gave special recognition to Marchmont Kovas of the South Bend Tribune for his service to taxpaying citizens in the series of articles he wrote presenting facts and figures about the various depart- ment budget proposals. She said the Fair Tax Association is opposed to some large salary in- creases in the number of city jobs. She suggested that the operations of the Water Works should be screened and an accounting given. She said that promotional items and travel should be deleted from the budget and questioned the amounts budgeted for rents. Mrs. Pat Forhan, representative of the Women's Political Caucus, said she is still concerned about the discrimination in the Salary Ordinance which was passed. Minimum and maximum salaries were set for secretaries, stenographers, clerks and accounting clerks. She said this results in some women city employees receiving, in some cases, a lower salary rather than a raise for 1973. Mrs. Ozman Spurlock, said that this situation had been called to the attention of her office and may be a violation of the 1964 Civil Rights Act which allows no discrimination on the basis of race, color, creed or sex. She said this is a possible violation of Act 7 and an investigation of all elements may be necessary. She gave the Council copies of the Act and of two publications from her office and said she would be happy to discuss this matter with members of the Council. OFFICE OF CONTROLLER - Mr. Nemeth said the Council is proposing the following changes: B212 Postage - $9,000; B213 Traveling Expense - $400; B23 Instruction - $500; B363 Other Office Supplies - $10,000; B52 Rents - $15,300; B53 Refunds, Awards and Indemnities - $15,000; B725 Office Equipment - $1,500. Mrs. Wlodarski suggested that the position of Chief Deputy Controller be eliminated, that the positions of Director of Personnel and Purchasing and Buyer be combined, and that the position of Printing Technician be eliminated. Miss Guthrie asked why Group Insuranc was up so much. Mr. Charles Watkins, Deputy City Controller, said this was because of the increas in the city's share of the group insurance premium per month. Mr. Charles A. Sweeney, Jr., City Attorney, asked if Account B53, Refunds, Awards and Indemnities was cut to $15,000 on the projec- tion of double what has been expended so far this year. He asked that a little bit offat be left in this account because of the litigation the city is involved in. He recommended $17,500 to $20,000. Miss Guthrie said that the Attorney has an amount for that purpose in his budget. Mr. Sweeney said that it was his understanding that the amount in the attorney's budget will be taken out. Mr. Barcome questioned the cut in the postage account and said there is not enough in the budget to meet the postage needs for next year. They are already running close to $9500 for this year. OFFICE OF THE CITY CLEF Allowance. Mrs. Wlodax light of EEA employees. the salary increase is IIOFFICE OF I lAccounting Clerk III s Clerk II at $5980. K - Mr. Nemeth said the Council proposes deleting C215 - Transportation ski said that salaries in the Clerk's office should be reviewed in the Miss Guthrie questioned the position of Chief Deputy City Clerk and said very high. Councilmen Serge and Szymkowiak spoke in defense of the salarie - Mr. Nemeth said that two changes should be made in classifications. ld be Clerk III at $5300 and Accounting Clerk IV should be Accounting OFFICE OF COMMON COUNCIL - Miss Guthrie questioned the need for a Deputy Attorney when there are three Deputy City Attorneys. Mr. Paul Bognar, 807 W. Washington, also questioned the need for-_.a Temporary Attorney in the Common Council budget. Councilman Nemeth said that the state legis- lature authorizes Councils to provide for their own attorneys. He said that a man can serve only one master. The City Attorney is hired by the Mayor and when there is a conflict about an ordin- ance, it would be, difficult for the attorney to advise both the Mayor and the Council. An attorney hired by the Council would advise them on items of law pertaining to Council business and the Council would then vote on them. Mrs. Janet Allen, 125 W. Marion Street, and Mr. Robert Laven, 1517 Hoover Avenue, spoke against the Traveling Expense and Car Allowance items in the budget. FFICE OF CITY ATTORNEY - Mr. Nemeth said the Council proposes amending B -53, Refunds, Awards and ndemnities to $1200. Mrs. Wlodarski questioned the change in classification to Secretary IV in his budget. Councilman Miller said that three positions in the budget were changed to Secretary V. in the Engineer's, Attorney's and Controller's offices, because these three jobs involve more esponsibility. Mrs. Conchita Washington, 749 S. Sheridan Street, questioned the G213 Travel xpense item and asked what it was for. Mr. Sweeney explained that he is appointed by the Mayor o attend legislative conferences in the State of Indiana and is invited to regional and national onferences, such as NIMLO. A Deputy City Attorney was sent to Chicago for three days to attend he recent South Shore hearings. FILE OF BOARD OF WORKS - Mr. Nemeth said the Council is proposing cutting H214, Telephone and legraph to $40,000, H221, Electric Current to $450,000, H362, Stationery and Printing to 0, 63, Other Office Supplies to 0, H72, Equipment to $500. Mrs. Freda G. Noble, Clerk of the Board, plained to the Council that H362 is for bid forms from the State of Indiana which are not inted locally and that H363 is for supplies for the Copy Machine which is used daily by the and of', =Works and the Engineering Department. She said if no supplies are purchased for it, an ensive piece of office machinery will be left useless. Miss Guth-r e said she felt that the ount for Telephone and Telegraph was too high. Mr. Laven questioned the amount for Electric rrent. Mrs. Noble said that the I & M is slow in billing for new street lights but that the ney will all be expended. Councilman Miller asked if the city is not just about caught up with e need for street lights. Mr. William Richardson, City Engineer, said that it is a never ding project. Lighting must be provided for the Northeast Code Enforcement Project, the south REGULAR MEETING AUGUST 28, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) east neighborhood, new subdivisions, etc. Mrs. Conchita Washington questioned the amount in H361 Official Records. Mrs'. Noble explained that this was to purchase official minute record books and this amount would buy two books, one for the Board of Works and one for the Board of Safety. OFFICE OF DEPARTMENT OF SAFETY - Mr. Nemeth said the Council is proposing cutting PP213 Travel- ing Expense to 0, PP23 Instructional Publication to $150, PP72 Equipment to 0. Miss Guthrie said that this is a new department and questioned whether there is a need for both a Safety Director and an Employees Safety Coordinator. Mr. Richardson explained that there is a differ- ence in the two categories. The Safety Director is a Department Head. The Employees Safety Coordinator is presently a position in.the Board of Works. His job is to enforce safety rules and regulations in conformity with the Occupational Safety and Health Act. He also explained that the amount in Instructional Publications is the total price for the OSHA publication which will be needed. It is mandatory that all employers follow the OSHA guidelines for safety of employees whether they are federal, municipal or private industry employers. Miss Guthrie questioned Police Chief Seals about the 9 recruits listed in the Department of Safety budget and asked what the difference is between a recruit and an officer in training. Chief Seals said that the recruit program gives the city a probationary capability. Under police pension laws, an-officer on the police department budget is not on a probationary basis. The recruit program does give the city this probationary capability that is needed. Chief Seals said this does not change the total department number; there are 231 men in the police department budget and in the Board of Safety for a total of 240. Mrs. Wlodarski recommended that Equipment and Office Equip- ment be eliminated from this budget and that equipment be used from other sources for the Safety Department. She said that the city has added 189 positions, that the Mayor has two aides who are not shown in the budget and that an investigation should be made of persons who are being paid out of Water Works funds. Mr. Barcome said that the Mayor does not have two aides. He said that there are not 189 additional positions but that there have been 189 changes in person- nel in the new administration. He said that only three city employees receive remuneration from the Water Works and they are the City Controller, Attorney and Engineer. There was some discus- sion on the number of recruits hired and how they are paid after the nine -month probationary period is over and they go on the department. Chief Seals said that usually retirements on the department allow for the remaining salaries. MORRIS CIVIC AUDITORIUM - No changes proposed. Mrs. Washington said that there is no return on this investment to taxpayers and that this is keeping a white elephant on the city tax rate. Mr. Floyd Jessup, Manager of the Morris Civic Auditorium, said that the Auditorium is 1.7 cents on the tax rate and is the only such public facility the city has. He said they have renovated the air conditioning system and are hoping to increase the use of the Auditorium and perhaps bring in summer stock next year. Mrs. Wlodarski said that the auditorium should be returned to the estate from which it was derived and the city should consider priorities first. ENGINEERING DEPARTMENT - Mr. Nemeth said the Council is proposing cutting L726 Other Equipment to $500. Miss Guthrie said that even with the changes from the Engineering Department to the Board of Safety, the budget is up $27,000. Mr. Richardson said that there will be a $61,760 reimbursement from the Department of Redevelopment to pay for engineers to work on downtown renewal projects and that this will amount to a reduction in the budget. Miss Guthrie said it should be noted that Mr. Richardson is receiving no salary increase. Mrs. Wlodarski recommended that the position of Bureau Manager be eliminated and a reappraisal be made of Engineering Aides. Mr. Richardson said that the position of Bureau Manager is the Traffic Engineer and is a very important job as this is one of the busiest departments in the city. He said the Engineering Aides questioned are men with 12 years and 5 years experience. Councilman Kopczynski moved for a ten minute recess, seconded by Councilman Szymkowiak. The motion carried and the meeting recessed at 10:20 p.m. The meeting reconvened at 10:45 p.m. BUILDING DEPARTMENT - Mr. Nemeth said the Council is proposing cutting the Inspector I's from five to four, M213 Traveling Expenses to $1000, M55 Subscriptions andDues to $100, and M725 Office Equipment to 0. Mrs. Wlodarski recommended that the top salaries in this department be eliminated until such time as apparently inept persons are replaced. She said that problems which have arisen with the American Bank Building, Associates Family Center Building, the parking garages, and the modifications which are necessary in the Municipal Services Facility, indicate that the Department has not been doing its job. Mrs. Washington questioned the need for traveling expenses in this budget. Miss Guthriesaid that there has been a substantial reduction in this budget. Sub - standard Buildings have been taken out of the Building Department budget and there is an additional reduction of about $11,000. Mr. Forrest West, Building Com- missioner, said that his Department has been run in a competent and professional manner. He questioned the advisability of reducing the inspection force. He said the travel expense is necessary to allow inspectors to attend schools and conferences. Councilman Miller asked Mr. West about the two vacancies now existing in the department and Mr. West said it is difficult to obtain personnel at the salary offered. CITY CEMETERIES DEPARTMENT - Mr. Nemeth said the Council proposes to cut Temporary Help to 2,432 hours at $5,472 and N261 Trimming to 0. Mrs. Wlodarski recommended that the hours for Equipment Operator I and II be cut and the hours of temporary help reviewed, and the Other Equipment item be deleted. Mr. Stanley Leszczynski, Sexton of the Cemeteries, said that the Other Equipment item is mainly for lawnmowers. They must cut the grass every six days and the Lawnmowers must be repaired and replaced. Mr. Richardson said that, over the last nine years, the City Cemetery has averaged 51 burials per year and Bowman Cemetery 9 per year. They are running above average this year. Councilman Serge asked if the digging was done by hand and Mr. Richardson replied that it was. POLICE DEPARTMENT - Mr. Nemeth said the Council proposes cutting the number of Sergeants to 78, raising the number of Corporals to 64; cutting P213 Traveling Expense to $3,500; P23 Instruction to $4,000; P252 Repair of Equipment to $20,000; P323 Tires and Tubes to $5,000; P361 Photograph- ing Supplies to $3,000; P:265 Other Contractual Services to $113,000; P37 Other Supplies to $6,500; P54 Clothing Allowance to $80,000; P722 Motor Equipment to $90,000; P724 Radio Equipment to $6,550; P725 Office Equipment to $6,750; and P726 Other Equipment to $5,000. Miss Guthrie asked if the changes in the number of rank positions would affect the total number of men on the department. Chief Seals said that he would have to take a close look at the total figures. Miss Guthrie said that the 20 year service bonus pay plan has merit and will be of benefit to the department if it encourages experienced officers to stay on the department. She said her REGULAR MEETING AUGUST 28, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) organization feels that the meter maids salaries and uniforms should not be in the Police De- partment budget but should come out of meter revenue. Mrs. Wlodarski said that some rank positions should be eliminated, that the meter maids should be included in the parking garage operation, that P12 Crossing Guard Relief should be eliminated, that P265 Clothing Allowance is excessive and that Radio Equipment should be eliminated. FIRE DEPARTMENT - Mr. Nemeth said the Council is proposing changing the number of Engineers to 143 and the number of Firemen in Training to 10. Secretary III should be listed at $6000, Recall Pay should be cut to $8,000, Holiday Pay should be figured at $32 per hour and the total amount reduced to $35,200, Q213 Traveling Expense should be $800; Q251 Repair of Buildings and Structures should be $7,000. Q331 Household Laundry and Cleaning at $1,500; Q37 Other Supplies at $7700, Q54 Clothing Allowance to be $70,500; Q721 Furniture and Fixtures $100; Q722 Motor Equipment $24,000; and Q726 Other Equipment $12,000. Miss Guthrie asked how the reduction in Motor Equipment to $24,000 would affect the lease - purchase plan for apparatus. Chief Jack R. Bland said that the lease - purchase plan payment is due in 1973 upon delivery of apparatus. From that point on, there will be equal payments due in 1974, 1975 and 1976. Miss Guthrie asked Chief Bland what the Motor Equipment fund would be used for. Chief Bland said that this money would be used to purchase two new ambulances. He said that, at the present time, there are three ambulances; two active and one in reserve. They are making application for a Federal grant for 50/ federal funding on two ambulances. $12,000 would be returned to the city if the federal funding is obtained. Mrs. Janet Allen asked that the Council consider closing the disparity between the Police and Fire Departments. Mrs. Wlodarski asked Chief Bland how many men are on the Fire Department. Chief Bland said there are 282. Mrs. Wlodarski said there are 231 policemen.and asked which should take priority. Chief Bland said that the cut in Repair of Buildings and Structures would only allow $651 per station to maintain them for a year. With the condition of the present structures and the prices today, this is cutting very closely there. He said he did not think the Council and the Administration wanted the Fire Stations to look disreputable. The Council questioned Chief Bland at some length about the ambulances, and Chief Bland said that the new ambulances must meet federal guidelines as to width and other space requirements and equipment required. Councilman Miller asked the Chief what percentage of time both ambulances were out at the same time and Chief Bland said that most of the time they are both out at the same time. He said the men on the ambulances are the busiest people on the department and average 20 to 25 runs a day. There was a discussion on the condition of Number #4 Fire Station on Walnut Street and Chief Bland said that it disturbs him to house men there and that he would like to get together with the administration on this problem. WEIGHTS AND MEASURES - Mr. Nemeth said the Council` -is proposing cutting R252 Repair of Equipment to $100 and R37 Other Supplies to $250. Miss Guthrie questioned the amount in R726 Other Equipment as she said the money budgeted this year has not been spent. Mr. Bert Cichowicz, City Sealer, said that the Supplies Account is to purchase the seals that are afficed to the various devices checked by the city, including seals on gasoline pump mechanisms and the meters on fuel oil delivery trucks. It is essential that these are checked and sealed to protect the citizen and the businessman. There are. outstanding bills to be paid out of this account. The money for next year is to buy a five gallon master measure calibrator which is essential. STUDEBAKER HISTORICAL COLLECTION - Mr. Nemeth said the Council is proposing to cut 5213 Travel- ing Expense to $100, S251 Repair of Building & Structures to $2,000 and 5722 Motor Equipment to 0. Mrs. Wlodarski asked why this function could not be assumed by the Northern Indiana Histor- ical Society instead of on the tax levy. Mr. James Barcome introduced Mrs. Audrey Conley from the Chamber of Commerce Convention Bureau. Mrs. Conley said that the collection belongs to the City of South Bend and is something we can be proud of. It should be included in tours of the city. The Smithsonian Institute would like to purchase two of the vehicles in the collection. Mr. Leo Newman said that the collection is an asset to South Bend both culturally and education- ally. He said that 700 people came to the recent Studebaker Driver's Club meeting in South Bend and spent over $60,000 in the city. TRAFFIC DEPARTMENT - Mr. Nemeth said the Council is proposing cutting Extra and Overtime to $15,126, T252 Repair of Equipment to $400 and T261 Other Contractual Services to $300, T332 Medical, Surgical and Dental to 0, T37 Other Supplies to $3500, T44 Other Materials•to $16,000. Mr. Clem Hazinski, Traffic Engineer, said that they have not spent much of the Extra and Over- time because the bulk of extra and overtime is spent during the summer months. There is much traffic work that cannot be done in the winter because of inclement weather. The urban renewal program and detouring of traffic have added much to the work load. Traffic signal technicians are out at all hours of the night because of knockdowns of traffic signals which must be re- placed immediately. He does not feel the department can render an efficient service if the account is cut that much. He said much of the money spent on supplies and materials is recovered and goes back into the General Fund. Councilman Miller commented that because of the addition of another signal technician for next year the reduction was made in extra and over- time. Mr. Hazinski said that hiring a technician does not affect the load of extra and over- time work. He said a city the size of South Bend would ordinarily have 10 signal technicians. Mr. Richardson said he implored the Council to take a hard look at the cut proposed in Other Supplies and Materials because of the number of accidents. He said the city still needs the money in the budget to operate until proper reimbursements are made. He said they will be coming back to the Council within the next 30 to 45 days for transfer of money from the General Fund. MUNICIPAL SERVICES FACILITY - Mr. Nemeth noted a correction to be made in this budget, changing Accounting Clerk III to Accounting Clerk II at $5980. Mrs. Wlodarski asked what the difference was between Other Garage and Motor Supplies and Repair Parts. Mr. Stanley Przybylinski, Manager of the Municipal Services Facility, said that Other Garage and Motor Supplies includes various kinds of supplies for the repair of vehicles and Repair Parts includes such things as brakes, engine blocks and wheels. Miss Guthrie asked if the Gasoline Account covers all vehicles of the city. Mr. Przybylinski said that it does and that usage is about 40,000 gallons per month. Councilman Miller asked Mr. Przybylinski if his mechanics serviced the Fire Depart- ment-vehicles. Mr Przybylinski said that the Fire Department has their own mechanics and do their own repairing. Councilman Taylor moved for a short recess at 12 :08, seconded by Councilman Kopczynski. The motion carried. The Committee of the Whole meeting reconvened at 12:25 a.m. REGULAR MEETING AUGUST 28, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) RADIO DEPARTMENT - Mr. Nemeth said the Council proposes cutting W213 Traveling Expense to $250, W251 Repair of Building & Structures to $100, W331 Household Laundry and Cleaning to 0, W333 Other Institutional and Medical to 0, W55 Subscriptions and Dues to $50 and W725 Other Equipment to $500. Mr. John Hunt, Director of Communications, said that the Traveling Expense Account is necessary because the new radio system requires some instruction for the men. Some trips to Chicago to FAA and FCC meetings are necessary. He said he does appreciate that the Council did not cut parts. SANITATION DEPARTMENT - Mr. Nemeth said the Council is proposing that XX43 Repair Parts be cut to $1000. Mrs. Wlodarski said that the Fair Tax Association recommends elimination of this department next year and that their function be assumed by private haulers. Mr. Richardson said that the repair parts account for the Sanitation Department is not included in the Municipal Services Facility parts budget and that he is concerned about cutting this much. HUMAN RESOURCES AND ECONOMIC DEVELOPMENT - NO CHANGES IN PROPOSAL. Miss Virginia Guthrie said that this department was one of the cabinet departments created this year and we don't know how much the Director is going to have to do. The Mayor has requested that MACOG give South Bend a comprehensive planning grant of $150,000 to provide four new positions - a citizen parti- cipation coordinator, a housing specialist, a grantsman in federal funds and a mayor's assistant in charge of implementing the cabinet form of government. She asked when there will be some limit on this. SUB - STANDARD BUILDING COMMISSION - Mr. Nemeth said the Council proposes cutting the number of inspectors from 4 to 3, SS213 Traveling Expenses to $100, SS252 Repair to Equipment to 0 and SS55 Subscription & Dues to 0. Mr. Isaiah Steed, Director of the Sub - Standard Buildings Commis- sion, said that the request for a 4th inspector is to fill a vacancy that existed in the Depart- ment. Under the Workable Program for Community Improvement, recertification is dependent upon having 4 inspectors. The traveling expense is so that staff members can attend meetings of organizations such as BOCA and the Indiana Building Officials Association and also various workshops. Councilman Miller asked Mr. Steed if HUD has mandated the city to have a certain number of inspectors. Mr. Steed said yes and that before recertification every dwelling unit in the city must be inspected. Councilman Kopczynski asked Mr. Steed how long the department has operated with three inspectors and Mr. Steed said for over a year. Mrs Wlodarski asked Mr. Steed how many sub - standard units there are within the City of South Bend. Mr. Steed said that the last census indicated 35/ of the units were sub - standard. MOTOR VEHICLE HIGHWAY - Mr. Richardson answered questions of the Councilmen regarding the amount budgeted for tires and tubes and for materials. Mr. Donald Decker, Street Commissioner, said that the Department has used $90,000 of the salt account this year. Mrs. Washington asked about the item Other Materials in the budget which has no "number. Mr. Richardson said this item included lumber for barricades, cloth, nails, bolts, etc. Mr. Charles Watkins, Deputy City Controller, said that this account should be numbered MVH44. PARK DEPARTMENT - Mr. Nemeth said that the Council is proposing that the Labor item under Service; Personal should be cut to $734,631, Overtime to $95,000, 251 Repair of Buildings and Structures to $8,500, Other Contractual Services to $71,815, 321 Gasoline to $15,000, 322 Oil to $1,700, 323 Tires and Tubes to $1,000, 324 Other Garage & Motor Supplies to $4,000, 371 Chemicals, Spray Materials and Fertilizer to $17,500, 374 Other Supplies to $7,250, 41 Building to $12,000, 43 Repair Parts to $12,750, 442 General Park Materials to $21,000, 711 Buildings, Structures & Improvements to $1,500. 712 Other Structures to $1,500 and 726 Other Equipment to $22,430. Mrs. Wlodarski recommended that the budget for the Park Department be reduced a minimum of 1$500,000. She suggested elimination of the General Park Supervisor, Recreation Steno II and Assistant Director of LaSalle and Linden Centers and of the item for traveling expenses. Mr. James Seitz, Park Superintendent, said that the General Park Supervisor has jurisdiction over the entire maintenance crew of the Park Department. He said he feels the positions of Assistant Director of LaSalle and Linden are necessary. Mrs. Wlodarski asked Mr. Seitz why a new floor is needed at the LaSalle Center. Mr. Seitz said that this is a concrete gym floor and the center is used most for basketball and roller skating. This has caused a considerable amount of flaking and dust. They have tried sealers, paint, etc. but feel they will have to put in a new floor to correct this problem. Mr. Seitz said that some of the accounts in this year's budget are at a lower figure than the present budget. He said they have eliminated the Kelly Playfield and that the people in that area have not been improving their homes because they expect the Park Department to buy the homes and demolish them for the park project. Councilman Kopczynski said that there is open and unused land that would provide a better park than the Kelly Field site and spoke of land on North Niles Avenue. He also said he feels the problem with the floor at LaSalle Center will not be corrected unless they change the usage of the building. Mrs. Washington said that the condition of the floor at LaSalle Center is the fault of the contractor and the material used in the original construction. Councilman Nemeth moved for a short recess, seconded by Councilman Horvath. The motion carried and the meeting recessed at 1:30 a.m. The meeting reconvened at 2:05 a.m. POLICE PENSION FUND - Councilman Nemeth questioned why items such as postage and traveling expense and also Records, Stationery and Printing are higher in the Police Pension Fund budget than in the Fire Pension Fund budget. Chief Seals said that Division Chief Urban, who is Secretary of the Pension Fund, is out of the city and would be the one who could answer these questions. Chief Seals said that he thought the traveling expense was to allow attendance at seminars. Councilman Kopczynski asked the Chief if he felt it was necessary that someone attend these seminars and the Chief said in his opinion it was. Deputy City Controller Charles Watkins said the difference in postage accounts was because of the number of pensioners checks which need to be mailed out. DEPARTMENT OF REDEVELOPMENT - Mr. Nemeth said the Council is proposing cutting 212 Postage to $150, 213 Traveling Expense to 0, 214 Telephone and Telegraph to $600, 321 Gasoline to $400, 324 Other Garage and Motor Supplies to $200, 363 Other Office Supplies to $250 and 722 Motor Equipment to 0. Councilman Nemeth asked Mr. Glen Barbe, of the Redevelopment Department, what kind of in -kind credit the city gets for setting up this budget. Mr. Barbe said there is no credit. Mr. Nemeth asked the reason for the big increase in the telephone and telegraph account. Mr..Barbe said there are two new pepartments and calls must be made to relatives out of the city in many relocation matters. Councilman Miller asked what automobiles the Department is trading in and Mr. Barbe said they are two 1968 Fords with high maintenance costs. Miss Guthrie asked the mileage on the two cars. Mr. Barbe said he did not know but that repair bills were starting to come in and they felt it would be cheaper to trade them in. Mr. Barbe said there are 13 REGULAR MEETING AUGUST 28, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) vehicles in the department, three are city -owned and 10 are federally - owned. Councilman Horvath asked how two employees can use three cars. Mr. Barbe said that there are 60 people in the Redevelopment Department but only the Relocation officers are on the city budget and that there are actually 60 people using the 13 vehicles. He said they feel the budget, as submitted, was fair. Mrs. Wlodarski asked why the Director of the Department was not listed and Mr. Barbe said that only those employees involved in relocation are included in the city budget. The director is federally funded. HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION - Mr. Nemeth said the Council is pro - posing cutting 211 Freight, Express and Drayabe to 0. Miss Guthrie asked why we need four employees here with the new cabinet post of Human Resources Director. Mr. Ted Bergeron, Chairman of the Human Relations Commission, said that they don't know the responsibilities of the Human Resources Director. The Director of Human Relations is a full time job in the field of human rights. You need a director and two field workers. The field workers deal with the complaints that come in. Last year there were 774 employment complaints, 4 in housing, 2 in consumer affairs, 10 in the police department, and 1300 in the school system. All of these complaints must be handled and investigated. Councilman Nemeth asked if the field workers work mostly out of the office, do we really need a secretary for both the Human Resources Department and for this department. Dr. Kromkowski, Human Resources Director, said that because of the variety of programs involved in the two departments they both need a full -time secretary. There was a discussion on the Cumulative Capital Improvement Fund and whether the 73 Land Account could be used for other things. Mr. Richardson said that this money was for the acqui- sition of land for the Park Department. Miss Guthrie said the Council could increase the amount in Other Materials in the C.C.I.F. by eliminating the operating balance of $77,838.55. Mr. Watkins said he would not recommend doing this because the figure is arrived at from the cigarette tax and the amount varies and it could very well be less than anticipated. Mrs. Jane Swan, 2022 Swygart Street, said that the top priority of city government should be to relieve the citizens of excessive tax burdens. She asked that the Council take responsible action on the budget. Miss Guthrie questioned the Controller about the balance on June 30, 1972 which was - 843,694.00. Deputy Controller Charles Watkins explained that this was caused by >a late dis- tribution of funds from the County Auditor. This was not deliberate. In going through the normal procedures of payroll and Accounts Payable, there was an overdrawing of eight funds but no overdrawal of the bank account. This was a temporary situation that was completely accidental. Miss Guthrie inquired whether everything was in one account and Mr. Watkins said this is set up by state law. Councilman Miller asked Mr. Watkins if money was taken from the Water Works to cover the overdraft. Mr. Watkins said that the Water Works account is kept separate. Councilman Miller asked why there is not a computation page for the Cumulative Sewer Fund and no breakdown in the 1972 budget. All miscellaneous revenue is estimated. Miss Guthrie said that the Cumula- tive Sewer Fund is not appropriated. Councilman Miller said that the Councilmen did not get the Controller's Report for 1971. Mr. Barcome said that the report was late in coming from Mr. Bickel but the Council will have it very shortly. Councilman Nemeth moved for a short recess, seconded by Councilman Horvath. The motion carried and the meeting recessed at 3:10 a.m. The meeting reconvened at 3:25 a.m. Councilman Nemeth moved that Account A213 in the Mayor's bud- get be set at $1000, seconded by Councilman Taylor. The motion carried. Councilman Nemeth moved that the Controller's budget be amended as follows: 212 Postage to $9,500; 213 Travel Expense to $400, 23 Instruction to $500, 363 Other Office Supplies to $10,000, 51 Insurance to $108,500, 52 Rents to $15,300, 53 Refunds, Awards, Indemnities to $20,000, 62 Social Security to $103,726, 63 PERF to $210,489, 64 Group Insurance to $153,908, and 725 Office Equipment to $1,500. Councilman Miller seconded the motion and it carried, Councilman Taylor casting a nay vote. Councilman Taylor made a motion that Item B52 Rents be left at $35,000. The motion died for lack of a second. Councilman Szymkowiak made a motion that in B11 the number of Accounting Clerks be reduced from six to four. The motion died for lack of a second. Councilman Nemeth made a motion that the City Clerk's budget be amended as follows: Item C215 Transportation Allowance be reduced to 0. Councilman Szymkowiak seconded the motion and it carried, Councilman Serge voting nay. Councilman Nemeth moved that the City Treasurer's budget be amended as follows: Dll, Accounting Clerk III by changed to Clerk III at $5300 and Accounting Clerk IV be changed to Accounting Clerk II at $5980, and that D52 Equipment be cut to $200. The motion was seconded by Councilman Taylor and was carried. Councilman Nemeth moved that the Common Council budget be amended by striking F214 Car Allowance. The motion was seconded by Councilman Miller. The motion failed by a vote of four ayes and four nays. Councilman Miller made a motion to reduce Item 215 Car Allowance to $1800. Councilman Nemeth seconded the motion and it carried. Councilman Nemeth made a motion to amend F213 Travel- ing Expenses in the Common Council budget to $2250. Councilman Taylor seconded the motion and it carried. Councilman Szymkowiak made a motion to delete Fll Attorney from the Common Council budget. Councilman Taylor seconded the motion. The motion failed by a vote of two ayes and six nays. Countilman Nemeth made a motion to amend the City Attorney's budget by deleting G53 Refunds, Awards & Indemnities. Councilman Kopczynski seconded the motion and it carried. Councilman Nemeth made a motion to amend the Board of Works budget by reducing H214 Telephone and Telegraph to $40,000 and H72 Equipment to $500. The motion was seconded by Councilman Horvath and carried. Councilman Miller made a motion to delete Secretary II in the Board of Works bud- get. The motion died for lack of a second. Councilman Miller moved to reduce H221 Electric Current to $450,000. The motion was seconded by Councilman Nemeth and was carried, Councilman Szymkowiak casting a nay vote. Councilman Nemeth moved to amend the Department of Safety budget by reducing P213 Traveling Ex- pense to 0, P23 Instructional Publication to $150 and P72 Equipment to 0. Councilman Taylor seconded the motion and it carried. Councilman Newburn moved to delete the position of Safety Director at $15,000 in the Department of Safety budget. Councilman Szymkowiak seconded the motion. The motion failed. Councilman Nemeth made a motion to amend the budget of the Engineering Department by reducing L716 Other Equipment to $500. Councilman Taylor seconded the motion and it carried. REGULAR MEETING AUGUST 28, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Nemeth made a motion to amend the budget of the Building Department to reduce the number of Inspector I's from five to four, reduce M213 Traveling Expense to $1,000, M55 Sub- scriptions and Dues to $100 and M725 Office Equipment to 0. Councilman Kopczynski seconded the motion and it carried. Councilman Miller made a motion to amend the budget of the Building Department to reduce the number of Inspector I's to three. The motion died for lack of a second. Councilman Nemeth moved to amend the City Cemeteries budget by reducing Nll Temporary Help to 2,432 hours and $5,472 and N261 Trimming to 0. Councilman Kopczynski seconded the motion and it carried. Councilman Miller made a motion to amend by reducing Skilled Labor to 4,080 hours and $13,728. Councilman Kopczynski seconded the motion. The motion failed. Councilman Taylor moved to amend the Police Department budget to increase the number of corporals to 64 and reduce the number of sergeants to 78 and to reduce Special Compensation to $110,000, Educational Incentive to $15,000 and Service Performance Pay to $25,000. Councilman Nemeth suggested that they go through the rest of the Police Department budget and then go back to the Pll Services Personal item. Councilman Taylor withdrew his motion. Councilman Nemeth moved to amend the Police Department by reducing P12 Special Compensation to $110,000, Educational Incen- tive to $15,000, Service Performance Pay to $25,000, 213 Traveling Expense to $3,500, P23 Instruction to $4,000, P252 Repair of Equipment to $20,000, P323 Tires and Tubes to $5,000, P361 Photographing Supplies to $3,000, P37 Other Supplies to $6,500, P54 Clothing Allowance to $80,000, P722 Motor Equipment to $90,000, P724 Radio Equipment to $6,550, P725 Office Equipment to $6,750, P726 Other Equipment to $5,000 and P265 Other Contractual Services to $113,000. Councilman Kopczynski seconded the motion and it carried. Councilman Miller moved to amend the Police Department budget by reducing Special Compensation to $100,000, Educational Incentive to $10,000 and Special Performance Pay to $20,000. The motion died for lack of a second. Councilman Horvath moved to amend the Police Department budget to reduce the 20year bonus pay to $15,000. Councilman Miller seconded the motion. The motion failed. Councilman Nemeth moved to amend the Police Department budget by reducing the number of sergeants from 80 to 78 making that total $841,620. Councilman Taylor seconded the motion and it carried. Councilman Miller moved to amend the Police Department budget by reducing Officer in Training to 0. Councilman Nemeth secondo the motion. The motion failed. Councilman Taylor moved to amend the Police Department budget by increasing the number of corporals from 62 to 64. Councilman Serge seconded the motion and it carried. Councilman Nemeth moved to amend the Police Department budget to reduce Special Compen- sation to $100,000. Councilman Miller seconded the motion. The motion failed. Councilman Nemeth made a motion to amend the Fire Department budget as follows: Reduce the number of Engineers from 149 to 143, increase the number of Firemen in Training from 4 to 10, Secretary III to be at the rate of $6,000, reduce Recall Pay to $8,000, Holiday Pay to be at the rate of $32.00 per hour for a total of $35,200, Q213 Traveling Expenses to $800, Q331 Household Laundry and Cleaning to $1,500, Q37 Other Supplies to $7,700, Q54 Clothing Allowance to $70,500, Q721 Furniture and Fixtures to $1,000; Q722 Motor Equipment to $24,000, Q726 Other Equipment to $12,000 and Q251 Repair of Buildings and Structures to $9,000. Councilman Kopczynski seconded the motion and it carried. Councilman Miller made a motion to amend the Fire Department budget to reduce Q251 Repair of Buildings and Structures to $7,500 and Q722 Motor Equipment to $12,000. Seconded by Councilman Taylor. The motion failed. Councilman Nemeth made a motion to amend the Weights and Measures budget to reduce R252 Repairs of Equipment to $100 and R37 Other Supplies to $100. The motion died for lack of a second. Councilman Taylor moved to amend the Weights and Measures budget by reducing R252 Repairs of Equipment to #100 and R37 Other Supplies to $250. Councilman Kopczynski seconded the motion and it carried. Councilman Nemeth moved to amend the R37 Other Supplies to $150, seconded by Councilman Miller. The motion failed. Councilman Nemeth moved to amend the Studebaker Historical Society budget by reducing 5213 Travel Expenses to $100, S251 Repair of Building & Structures to $2000 and S722 Motor Equipment to 0. Councilman Taylor seconded the motion. The motion carried. Councilman Nemeth moved to amend the Traffic Department budget by reducing T252 Repairs of Equip- ment to $400, T261 Other Contractual Services to $300, T332 Medical, Surgical and Dental to 0, T37 Other Supplies to $3,500, and T44 Other Materials to $16,000. Councilman Taylor seconded the motion. Motion carried. Councilman Nemeth moved to amend the Municipal Services Facility budget by changing Accounting Clerk III to Accounting Clerk II at a salary of $5980. Councilman Kopczynski seconded the motion and it carried. Councilman Nemeth made a motion to amend the Radio Department budget by reducing W213 Traveling Expense to $250, W251 Repair of Building & Structures to $100, W331 Household Laundry and Clean- ing to 0, W333 Other Institutional & Medical to 0, W55 Subscriptions and Dues to $50, and W726 Other Equipment to $500. Councilman Taylor seconded the motion and it carried. Councilman Nemeth moved to amend the Sanitation Department budget by reducing XX43 Repair Parts to $1000. Councilman Kopczynski seconded the motion and it carried. Councilman Nemeth moved to amend the Human Resources and Economic Development budget by elimin- ating from YY11 the position of Secretary II, with this department using a secretary from another department for the time being. Councilman Taylor seconded the motion. Councilman Nemeth then withdrew this motion and moved to amend the budget of the Department of Safety by eliminating the position of Secretary II. Councilman Taylor seconded the motion. The motion failed. Councilman Nemeth moved to amend the Sub - Standard Building Commission budget by reducing the number of Inspector I's to three and reducing SS213 Traveling Expense to $100 and SS252 Repair of Equipment to 0. Councilman Miller seconded the motion and it carried. Councilman Miller moved to amend the Motor Vehicle Highway budget by cutting $50,000 from MVH 423 Emulsion and $50,000 from MVH 426 Bituminous Materials. Councilman Taylor seconded the mition. There was a discussion on this and Councilman Miller said that if the MVH fund ran short of money it could be appropriated from the COIF fund land account. Mr. Richardson said that while the money in the CCIF fund was to be used for park land acquisition, there had been an REGULAR MEETING AUGUST 28 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) agreement that the money would not be used this year for that purpose so that the money could be used for matching funds in the Northeast Code Enforcement project. Councilman Miller objected strongly to this and said that the Council was not aware of it. Mr. Richardson said there was a gentlemen's agreement on this. Mr. Nemeth asked if the agreement with the Park Department was ironclad and Mr. Richardson said that Mr. Laven, President of the previous Council, had written a letter of intent about the matter. It was the feeling of the Council that they would not be bound by any such agreement made by a previous Council. The question was called and the motion failed. Councilman Nemeth moved to amend the Park Department budget as follows: Reduce Labor to $754,631, Overtime to $95,000, 251 Repair of Buildings & Structures to $8,500, 252 Repairs of Equipment to $9,500, 261 Other Contractual Services to $71,815, 321 Gasoline to $15,000, 322 Oil to $1,700, 324 Other Garage and Motor Supplies to $4,000, 371 Chemicals; Spray Materials and Fertilizer to $17,500, 374 Other Supplies to $7,250, 43 Repair Parts to $11,750, 442 General Park Materials to $21,000, 711 Buildings, Structures & Improvements to $1,500, 712 Other Structures to $1,500, and 726 Other Equipment to $22,430. Councilman Taylor seconded the motion and it carried. Councilman Nemeth moved to amend 62 Social Security to $69,074, 63 Retirement to $122,800 and 64 Group Insurance to $23,353, seconded by Councilman Taylor and carried. Councilman Kopczynski made a motion to amend the Park Department budget, 261 Other Contractual Services to $51,815 and delay spending the $20,000 for the new floor in LaSalle Center until a more thorough study could be made of the problem. Councilman Horvath seconded the motion. The motion failed, Councilman Nemeth moved to amend the Police Pension Fund budget to reduce 2212 Postage to $200, Z213 Traveling Expense to $150, 2214 Medical and Surgical to 0, 2361 Records, Stationery and Printing to $200, and Z72 Equipment to $100. Councilman Horvath seconded the motion. Councilman Taylor moved to amend the motion to reduce 2212 Postage to $250, 2213 Traveling Expense to $150, 2214 Medical and Surgical to 0, 2361 Records, Stationery and Printing to $200 and Z72 Equipment to $100. Councilman Miller seconded the motion to amend. Motion carried. Councilman Nemeth moved to amend the Department of Redevelopment budget to reduce 212 Postage to $150, 213 Traveling Expense to 0, 214 Telephone and Telegraph to $600, 321 Gasoline to $400, 324 Other Garage and Motor Supplies to $200 and 363 Other Office Supplies to $250 and 722 Motor Equipment to 0. Councilman Miller seconded the motion and it carried. Councilman Miller moved to amend the Human Relations and FEPC budget to strike 211 Freight, Ex- press= -and Drayage, amend 62 Social Security to $1984 and 63 Retirement to $4294. Councilman Serge seconded the motion and it carried. Councilman Kopczynski made a motion to amend the Human Relations and FEPC budget to reduce 212 Postage to $250, 213 Traveling Expense to $325, 215 Transportation Allowance to $500, 23 Instruction to $1500, 241 Printing other than Office Supplies to $650 and 252 Repairs of Equipment to $45. Councilman Horvath seconded the motion. The motion failed. Councilman Horvath made a motion to amend the Human Relations and FEPC budget by delet- ing Field Worker II at $9862. The motion was seconded by Councilman Kopczynski. The motion failed, Councilman Miller made a motion to amend the Cumulative Capital Improvement Fund budget by elim- inating 72 Properties $150,000, this amount to go into the operating balance of the fund. Councilman Kopczynski seconded the motion and it carried. Councilman Nemeth made a motion to recess until 6:30 p.m. Councilman Taylor seconded the motion and the meeting recessed at 5:05 a.m. The Committee of the Whole meeting reconvened at 6:30 p.m., Chairman Newburn presiding. Mr. Newburn said that Mr. Joseph Grazi of the United Way had asked for time to address the Council. Mr. Grazi read a letter from Mr. Vern Fladeland asking that the Human Relations and Fair Employ- ment Practices Commission be maintained and strengthened and that the proposed budget for that department be approved. City Controller James Barcome read the amended budget line by line and the proposed tax levies as follows: General Fund 3.216 General Sinking Fund 0.06 Park Maintenance Fund 0.64 Park District Fund 0.10 Street Department 0.15 Firemen's Pension Fund 0.37 Policemen's Pension Fund 0.27 Hospital Fund 0.03 Art Association Fund 0.01 Redevelopment Bond Fund 0.17 Redevelopment Fund 0.03 Building Demolition, Repair and Contingent Fund 0.14 Human Relations and FEPC 0.02 Cumulative Sewer Building and Sinking Fund 0.25 Junk Vehicle Fund 0.00 Miss Virginia Guthrie said that the Civic Planning Association commends the Council for the re- ductions made in the proposed budget. She said that it is a good start but that her organization will continue to work for reductions through the State Tax Board Hearings. She thanked the Council for making an item -by -item study of the budget and said that much hard work had gone into the decisions on the reductions made. Councilman Nemeth moved for a short recess, seconded by Councilman Kopczynski. The motion carried and the meeting recessed at 7:45 p.m. The meeting reconvened at 8:40 p.m. Councilman Nemeth made a motion that the budget ordinance be amended to reflect the computations as°read:byt.hhe"Cty Controller. Councilman Miller seconded the motion and it carried. Councilman Nemeth moved that the Motor Vehicle Highway budget be amended to reduce MVH 423 ,Emulsion to $58,831 and MVH 425 Bituminous Materials to $55,331. This would change the Materials Total to $275,662 and the Grand Total to $1,229,015. Councilman Miller seconded the motion and it carried. REGULAR MEETING AUGUST 28, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Nemeth made a motion that Page 60, computing the tax rate for the General Fund, be amended as follows: Line 11 - Operating Balance $232,824; Line 12 - $7,884,270. Proposed Rate 3.196. Councilman Miller seconded the motion and it carried. Councilman Nemeth moved that Page 74, computing the tax rate for the Park Maintenance Fund be amended as follows: Line 11 - Operating Balance to be $84,250; Line 12 :m� $1,554,159. Proposed Rate 63,�. Councilman Miller seconded the motion and it carried. Councilman Nemeth moved that Page 112, Ordinance of Tax Levies, be amended as follows: General Fund to be 3.196; Park Maintenance Fund to be 0.63; Street Department to be 0.12. Also to amend Page 118 as follows: General Fund - Levy 3.196 - Amount to be raised $7,884,270. Park Mainten- ance Fund Levy 0.63 - Amount to be raised $1,554,159. Street (MVH) levy 0.12 - Amount to be raised $296,031. Rate - 5.27; Total $13,000,661.68. Also to amend Page 120 - 1973 Proposed Levi as follows: General - 3.196; Park Maintenance - 0.63; Street (MVH) - 0.12; Rate - 5.27 Councilman Miller seconded the motion and it carried. Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Horvath. The motion carried. ATTEST: c CITY CLERK ATTRCT. The regular meeting of the Common Council of the City of South Bend, Indiana reconvened at 9 :07 p.m., Council President Nemeth presiding. $ REPORT OF THE COMMITTEE ON MINUTES - Your committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of the August 14 Regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. /s/ Peter J. Nemeth /s/ Terry S. Miller Upon motion by Councilman Newburn seconded by Councilman Taylor and carried, the report was accepted as read and placed on file. REPORT OF THE COMMITTEE OF THE WHOLE Councilman Taylor moved that the reading of the Committee of the Whole report be waived, seconded by Councilman Kopczynski. The motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5418 -72 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1973 AND ENDING DECEMBER 31, 1973, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had third reading. Councilman Newburn made a motion that the ordinance be passed as amended. Councilman Kopczynski seconded the motion. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth). one absent (Councilman Parent). ORDINANCE NO. 5419 -72 AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSE FOR THE FISCAL YEAR ENDING DECEMBER 31, 1973. This ordinance had third reading. Councilman Kopczynski made a motion that the ordinance be passed as amended. Councilman Szymkowiak seconded the motion and the ordinance passed by a roll call vote of eight ayes (Councilman Serge, - Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth), one absent (Councilman Parent). ORDINANCES, FIRST AND SECOND READING ORDINANCE No. 5420 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT BONDS AND THE FORMS AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS FOR THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO THE SOUTH BEND TOY MANUFACTURING COMPANY, INC. This ordinance had first reading. Councilman Kopczynski objected to the second reading and made a motion to strike everything after the title and submit an amended ordinance. Councilman Horvath seconded the motion and it was carried. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, asked that the Council take formal action approving a resolution passed by the Economic Development Commission on August 4, 1972, Number 13 -72, which resolution indicates the need for the issuance of Economic Development Revenue Bonds insofar as it pertains to the South Bend Toy Manufacturing Co., Inc. Councilman Taylor made a motion that the Council approve the Resolution Number 13 -72 of the South Bend Economic Development Commission relating to South Bend Toy Manufacturing Co., Inc. Councilman Kopczynski seconded the motion and it carried. The ordinance then had second reading. Councilman Newburn made a motion that RF'MTT.AR MEETING ORDINANCES, FIRST AND SECOND READING (CONTINUED) the rules be suspended and that the public hearing and third reading on the ordinance be held at this time. Councilman Kopczynski seconded the motion and it was carried unanimously. Mr. Fedder then introduced Attorney Warren Deahl who spoke for the ordinance. Mr. Deahl said that South Bend Toy has been in the community for 100 years and that the ordinance approves the issuance of revenue bonds in the amount of $1,600,000 so that the city can acquire the property owned by the Bendix Corporation at 3300 West Sample Street for lease to the South Bend Toy Mfg. Co., Inc. This plant would allow them to expand their operations and hire an additional 100 people. This would be adding to the tax base of the community and would be of benefit to the City of South Bend. Miss Guthrie asked Mr. Deahl of the city will be acquiring the property for leasing and if it will stay on the tax rolls. Mr. Fedder answered that it would be on''.the tax rolls and will not become a general obligation of the city. A local bank is purchasing the bonds. The city will take title and hold it until South Bend Toy acquires ownership. The ordinance had third reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a:roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) one absent (Councilman Parent). ORDINANCE No. 5421 AN ORDINANCE TO REPEAL ORDINANCE NO. 5407 -72 AND TO AUTHORIZE THE EXECUTION OF A LEASE AND TRUST INDENTURE AND BONDS AND TO AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO ROYAL INNS OF SOUTH BEND, A LIMITED PARTNERSHIP. This ordinance had first reading. Councilman Kopczynski objected to the second reading and made a motion that everything after the title be stricken and an amended ordinance be submitted at this time. Councilman Horvath seconded the motion and it carried unanimously. The ordinance had second reading in full. Councilman Newburn made a motion that the rules be suspended and the public hearing and third reading on the ordinance be held at this time. Councilman Taylor seconded the motion and it carried unanimously. Councilman Taylor made a motion that the Council approve Resolution 1 -72 of the South Bend Economic Development Commission, concerning Royal Inns of South Bend and dated March 30, 1972. Councilman Kopczynski seconded the motion and it carried. Mr. Fedder explained to the Council that because of a technicality in the language of the original ordinance pertaining to Royal Inns, the bond counsel in Indianapolis had recommended that the original ordinance be repealed and a new ordinance submitted. Mr. Fedder then introduced Mr. Charles Boynton, Attorney with offices in the St. Joseph Bank Building. Mr. Boynton explained that the bond counsel was concerned about the taxable basis of the bonds and wanted to make the bonds more salable. This is just a matter of the technical language of the ordinance but they felt it would be better to repeal the former ordinance and submit a new one rather than to try to amend the previously passed ordinance. The ordinance had third reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Newburn. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) one absent (Councilman Parent). RESOLUTIONS RESOLUTION NO. 324 -72 A RESOLUTION AUTHORIZING THE ELECTION BY THE CITY OF SOUTH BEND, INDIANA, OF THE $5,000,000 OR LESS EXEMPTION PROVIDED IN SECTION 103 (c) (6) (D) WITH RESPECT TO AN ISSUE OF ECONOMIC DEVELOPMENT REVENUE BONDS RELATING TO THE SOUTH BEND TOY MANUFACTURING COMPANY, INC. PROJECT. WHEREAS, it is beneficial and essential that the City of South Bend, Indiana elect under Section 103 (c) (6) (D) and Internal Revenue Regulation Section 1.103 -10 to have the issue of Economic Development Revenue Bonds relating to the City of South Bend Toy Manufacturing Company, Inc. project enjoy the exemption provided therein. NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the city hereby elects pursuant to Section 103 (c) (6) (D) of the Internal Revenue Code, as amended, and Internal Revenue Service Regulation Section 1.103 -10 to have the provisions thereof as to the $5,000,000 or less exemption apply to the issue of Economic Development Revenue Bonds relating to The South Bend Toy Manufacturing Company, Inc. project and authorizes the Mayor of such city, or in his absence the Controller, to execute and file the statement of such election with the District Director or Director of the Internal Revenue Service Center where The South Bend Toy Manufacturing Company, Inc. is required to file its income tax returns prior to the issuance of such Economic Development Revenue Bonds and provide a copy of such statement for attachment to the income tax return of The South Bend Toy Manufacturing Company, Inc. /s/ Peter J. Nem President o Common Counc A public hearing was held on the resolution at this time. Mr. Deahl explained that the Internal Revenue Code requires that the issuer of the bonds, which is the city, elect to take the benefit of an exemption on these bonds. This resolution is to be filed with the Director of Internal Revenue. Councilman Szymkowiak made a motion that the resolution be adopted, seconded by Councilman Serge. The resolution was adopted by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) one absent (Councilman Parent). RESOLUTION NO. 325 -72 A RESOLUTION AUTHORIZING THE ELECTION BY THE CITY OF SOUTH BEND, INDIANA, OF THE $5 000,000 OR LESS EXEMPTION PROVIDED IN SECTION 103 (a) (6) (D) WITH RESPECT TO AN ISSUE OF ECONOMIC DEVELOPMENT REVENUE BONDS RELATING TO ROYAL INN OF SOUTH BEND, A LIMITED PARTNERSHIP PROJECT. WHEREAS, it is beneficial and essential that the City of South Bend, Indiana elect under Section 103 (c) (6) (D) and Internal Revenue Regulation Section 1.103 -10 to have the issue of Economic Development Revenue Bonds relating to the Royal Inn of South Bend, a Limited Partnership, REGULAR MEETING AUGUST 28, 1972 RESOLUTION NO. 325 -72 (CONTINUED) project enjoy the exemption provided therein. NOW, THEREFORE, be it hereby resolved by the Common Council of the City of South Bend, Indiana, that the City hereby elects, pursuant to Section 103 (c) (6) (D) of the Internal Revenue Code, as amended, and Internal Revenue Service Regulation Section 1.103 -10 to have the provisions thereof as to the $5,000,000 or less exemption apply to the issue of Economic Development Revenue Bonds relating to Royal Inn of South Bend a Limited Partnership project and authorizes the Mayor of such City, or in his absence the Controller, to execute and file the statement of such election with the District Director or Director of the Internal Revenue Service Center where Royal Inn of South Bend, a Limited Partnership, is required to file its income tax returns prior to the issuance of such Economic Development Revenue Bonds and provide a copy of such statement for attachment to the income tax return of Royal Inn of South Bend, a Limited Partnership. /s/ Peter J. Nemeth President of the Common Council A public hearing was held on the resolution at this time. Mr. Deahl explained that this resolution is similar to the previous one and is for the same purpose for the Department of Internal Revenue. It provides that the city elect to take the benefit of an exemption on these bonds. Councilman Serge made a motion that the resolution be adopted, seconded by Councilman Szymkowiak. The resolution was adopted by a roll.call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) one absent (Councilman Parent). UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION M " The Honorable Common Council August 16, 1972 City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development plan of Associates Bancorp, Inc. to zone from "A" Residential, "A" Height and Area to "C" Commercial, "C" Height and Area, property on Ireland Road. Gentlemen: The attached rezoning petition of Associates Bancorp, Inc. was legally advertised August 5, 1972 and August 12, 1972. The Area Plan Commission gave it public hearing August 15, 1972 at which time the following action was taken: "Upon motion made by Joseph Bajdek, seconded by Elmer Mitchell and unanimously carried, the petition of Associates Bancorp, Inc. to zone from "A" Residential to "C" Commercial is returned to the Common Council with a favorable recommendation by the Area Plan Commission with the suggestion that this property be tied in with future "C -2" zoning in the immediate area." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this reporti Very truly yours, Howard Bellinger Executive Director HB:ld Attach. CC: Jack C. Dunfee, Jr., Attorney at Law Joseph T. Helling, Attorney at Law m Councilman Taylor made a motion that the ordinance referred to in this report be set for public bearing and third reading on September 11, 1972. Seconded by Councilman Horvath and carried. REPORT FROM AREA PLAN COMMISSION I " The Honorable Common Council August 16, 1972 City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development plan of Associates Bancorp, Inc. to zone from A Residential, A Height and Area to "C" Commercial, property on Lincolnway West. Gentlemen: The attached rezoning petition of Associates Bancorp, Inc. was legally advertised August 5, 1972 and August 12, 1972. The Area Plan Commission gave it public hearing August 15, 1972 at which time the following action was taken; REGULAR MEETING AUGUST 28, 1972 II REPORT FROM AREA PLAN COMMISSION (CONTINUED) "Upon motion made by Ted Sharp, seconded by Roger Parent and unanimously carried, the petition of Associates Bancorp, Inc. to zone from "A" Residential to "C" Commercial is returned to the Common Council with a favorable recommendation by the Area Plan Commission." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. Very truly yours, Howard Bellinger, Executive Director HB:ld Encl. CC: Jack C. Dunfee, Jr., Attorney at Law of LE Councilman Horvath made a motion that the ordinance referred to in this report be set for public hearing and third reading on September 11, 1972. The motion was seconded by Councilman Kopczynski and carried. REPORT FROM AREA PLAN COMMISSION M August 16, 1972 " The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development plan of Hoffman Bros. Sales and Service, Inc. to zone from "A" Residential, "A" Height and Area to "C" Commercial, property located at 413 N. Sommers St. Gentlemen: The attached rezoning petition of Hoffman Bros. Sales and Service, Inc. was legally advertised August 5, 1972 and August 12, 1972 The Area Plan Commission gave it a public hearing August 15, 1972 at which time the following action was taken: "Upon a motion made by Roger Parent, seconded by William Richardson and unanimously carried, the petition of Hoffman Brothers Sales and Service, Inc. to zone from "A" Residential to "C" Commercial is returned to the Common Council with a favorable recommendation by the Area Plan Commission subject to "F" Height and Area." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. HB:ld Attach. CC: George Herendeen, Attorney is Very truly yours, Howard Bellinger Executive Director I Upon motion made by Councilman Miller, seconded by Councilman Taylor, the ordinance was set for public hearing and third reading on September 11, 1972. Motion carried. REPORT FROM AREA PLAN COMMISSION m August 23, 1972 " The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance amending Ordinance No. 4990 -68 to zone the Central Downtown Business District in accordance with the Downtown Urban Renewal Project. Gentlemen: The attached rezoning petition of the'Department of Redevelopment was legally advertised August 5, and August 12, 1972. The Area Plan Commission gave it public hearing August 15, 1972 at which time the following action was - taken: "Upon motion by William Richardson being seconded by Joseph Simeri and unanimously carried, the matter of the zoning for the Central Business District is returned to the Common Council with a favorable recommenda- tion as the Area Plan Commission finds it to be consistent with the Land Use and Transportation Plan and the Downtown Urban Renewal Program." 1 1 REGULAR MEETING AUGUST 28, 1972 REPORT FROM AREA PLAN COMMISSION (CONTINUED) The deliberations of the Area Plan Commission and matters considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. Very truly yours, Howard Bellinger Executive Director HB:ld CC: Department of Redevelopment Kevin Butler, Attorney 11 T Councilman Taylor made a motion that the ordinances referred to in this report be set for public hearing and third reading on September 11, 1972, seconded by Councilman Miller and carried. REPORT FROM AREA PLAN COMMISSION I August 16, 1972" The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: Proposed ordinance and site development plan of David and Frances Frey to zone from "E" Heavy Industrial and "F" Height and Area to "C" Commercial, property at 211 -217 West Chippewa Street. Gentlemen: The attached rezoning petition of David and Frances Frey was legally advertised August 5, and August 12, 1972. The Area Plan Commission gave it public hearing August 15, 1972 at which time the following action was taken: "Upon motion made by William Richardson, seconded by Elmer Mitchell and unanimously carried, the petition of David and Frances Frey to zone from "E" Heavy Industrial to "C" Commercial is returned to the Common Council with a favorable recommendation by the Area Plan Commission." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. Very truly yours, Howard Bellinger Executive Director HB:ld Attach. cc: David and Frances Frey If m Councilman Taylor made a motion that the ordinance referred to in this report be set for public hearing and third reading on September 11, 1972, seconded by Councilman Miller, and carried. REPORT FROM AREA PLAN COMMISSION Ell August 16, 1972 " The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: Petition of The Capitol Life Insurance Company and Associates Financial Services Company, Inc. to zone from "C -1" Commercial (as originally zoned from "B" Residential, "C" Height and Area to "C -1" Commercial, property at the corner of Eddy and Jefferson. Gentlemen: The attached rezoning petition of Capitol Life and Associates Financial Services was legally advertised August 5, 1972 and August 12, 1972. The Area Plan Commission gave it public hearing Augustl5, 1972 at which time the following action was taken: "Upon a motion by Ted Sharp, seconded by Kenneth Woods and carried with one member abstaining, the petition of Capitol Life Insurance Company and Associates Financial Services, Inc. to zone from "C -1" Commercial is returned to the Common Council with a favorable recommendation by the Area Plan Commission." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. Very truly yours, Howard Bellinger, Executive Director HB:ld Attach. CC: Arthur W. Frisk, Attorney at Law i I R124 REGULAR MEETING AUGUST 28, 1972 REPORT FROM AREA PLAN COMMISSION (CONTINUED) Councilman Taylor made a motion that the ordinance referred to in this report be set for public hearing and third reading on September 25, 1972, seconded by Councilman Kopczynski, and carried. There being no further business to come before the Council, Councilman Taylor made a motion to adjourn, seconded by Councilman Horvath. The motion carried and the meeting adjourned at 10:00 P.M. ATTEST: APPROVED: CITY CLERK PRESIDE? ....- I-- i-++++- I-++ .- I-....- F-+- F-- h+++ -f- +-F--h-+ +-F-+-I.... + + +-h +-F. .+-h...t-F--t+-1--1--I --t +- 1-+- F- F-- i-+-+- I-+- I-- 1-- I-- h- I-.....++ + + ++ + +-F- +-f--f--f--I-+-I--1. s