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HomeMy WebLinkAbout12-04-72 Council Meeting Minutes++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ DECEMBER 4, 1972 REGULAR MEETING Be it remembered that the Common Council of the of the County -City Building on Monday, December J. Nemeth presiding. The meeting was called to was given. an Adult Education Class in Government from Central High School Simpson and thanked them for coming to participate in city City of South Bend met in the Council Chambers 4th, 1972 at 8:00 p.m., Council President Peter order and the Pledge of Allegiance to the flag Mr. Nemeth welcomed members of and their teacher, Mr. Douglas government. Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski Horvath, Newburn and Nemeth. ROLL CALL PRESENT: ABSENT: None Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Kopczynski. Motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City OfeSouth Bend met in the Committeellf the Whole on Monday, December 4, 1972 at 8:05 p.m. w Newburn presided. REGULAR MEETING DECEMBER 4, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $18,746.38 FROM ACCOUNTS Q -11, "SERVICES PERSONAL ", TO ACCOUNT Q -52 "RENTS" (LEASE- PURCHASE OF NEW FIRE TRUCKS) IN THE AMOUNT OF $17,420.63, AND TO Q- 726, "OTHER EQUIPMENT" IN THE AMOUNT OF $1,325.75, ALL ACCOUNTS BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Fire Chief Jack R. Bland made the presentation for the ordinance. He said that the Department has contracted for three pieces of fire apparatu: on a lease - purchase basis. $60,000 was transferred into the Motor Equipment account for the down payment. Since that time they have found that they can make semi - annual payments on the apparatus which will result in a savings of $1100 to the taxpayers The other part of the ordin- ance involves $1,325 57 which they would like to use to use to supplement their training manual with a complete series of overlays for overhead projectors for teaching purposes. They believe this will be of great assistance to the instructors in teaching the basic fundamentals that every firefighter needs to know. Miss Virginia Guthrie, Executive Secretary of the Civic Plan- ning Association, asked the total cost of the lease - purchase agreement and Mr. Barcome, City Controller, answered that it was $158,000. Councilman Taylor asked Chief Bland who conducts the instruction program and where it is held. Chief Bland replied that the instruction classes are held at Central Fire Station and conducted by Battalion Chief Timothy Brassell and Lieuten- ants Robert Greer and William Schmidt. Councilman Szymkowiak made a motion that the ordinance gc to the Council as favorable, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE POLICE DEPARTMENT BUDGET IN THE AMOUNT OF $2,500.00 FROM ACCOUNT P -12, "SERVICES PERSONAL" TO ACCOUNT P -262, "MEDICAL, SURGICAL AND DENTAL ", BOTH ACCOUNTS BEING WITHIN THE GENERAL "FUND. This being the time heretofore set for public hearing on this ordinance, proponents and opponent were given an opportunity to be heard thereon. There was no one present to answer questions regarding this transfer but Councilman Parent said that there was a letter of explanation from Chief Seals attached to the ordinance. City Clerk Irene K. Gammon read the letter as follows: I n November 6, 1972 " Common Council 441 County -City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Gentlemen: I would like to request the following budget transfer: From P -12 Services Personal to P -262, Medical, Surgical and Dental, the amount of $2,500.00 Medical expenses for officers injured in the line of duty have been increasing and are averaging in excess of $400.00 per month at the present time. Account P -262 has a negative balance of $597.81 at the present time and bills yet to be submitted total $1,411.87. Your consideration and approval of this request will permit us to enter the 1973 budget year financially sound. Respectfully, /s/ Robert W. Seals Chief of Police a] Councilman Szymkowiak said that he thought the Council should accept the letter of explanation. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that this is a type of budget item that is very difficult to anticipate and said she wondered if they would be able to finish out the year with this account depleted. Councilman Horvath said that in view of the fact that there is a negative balance in this budget account, he would move that the ordinance go to the Council as favorable. Councilman Szymkowiak seconded the motion and it carried. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Parent. Motion carried. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 8:20 p.m., Council President Peter J. Nemeth presiding. REGULAR MEETING DECEMBER 4. 1972 REPORT FROM COMMITTEE ON MINUTES Your - Committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of the November 13 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 Councilman Taylor made a motion that the report be accepted as read and placed on file, seconded by Councilman Parent. The motion carried. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Council President Peter J. Nemeth said that, since the Chief of Police would be speaking later in the evening and citizens would have an opportunity to speak at that time regarding crime and the Police Department, they would now hear citizens who desired to speak on any other matter. Mrs. Frederick Mutzl, 320 Parkovash, a member of the Fair Tax Association, read a statement regarding revenue sharing funds and urged that the money be spent to fight crime by a facility for aiding rehabilitation of juveniles. Mr. Leo Wallisch, 446 LaPorte Avenue, asked why the Police Chief's appearance was at the bottom of the agenda. Councilman Nemeth explained that since the request to invite the Police Chief to attend this meeting was made at the last Council meeting, it properly belongs on the agenda under Unfinished Business. The Municipal Code specifies the order of business on the Council agenda. REPORT OF THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading of the Report of the Committee of the Whole, seconded by Councilman Horvath. The motion carried unanimously. ORDINANCES, SECOND READING ORDINANCE NO. 5460 -72 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $18,746.38 FROM ACCOUNT Q -11, "SERVICES PERSONAL" TO ACCOUNT Q -52 "RENTS" (LEASE- PURCHASE OF NEW FIRE TRUCKS) IN THE AMOUNT OF $17.420.63, AND TO Q -726 "OTHER EQUIPMENT" IN THE AMOUNT OF $1,325.75, ALL ACCOUNTS BEING WITHIN THE GENERAL FUND. This ordinance had second reading. Councilman Parent made a motion for passage of the ordinance, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5461 -72 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE POLICE DEPARTMENT BUDGET IN THE AMOUNT OF $2,500.00 FROM ACCOUNT P -12, "SERVICES PERSONAL" TO ACCOUNT P -262 "MEDICAL, SURGICAL AND DENTAL ", BOTH ACCOUNTS BEING WITHIN THE GENERAL FUND. This ordinance had second reading. Councilman Serge made a motion that the•° ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 341 -72 A RESOLUTION EXPRESSING THE DESIRE OF THE COMMON COUNCIL FOR A REDUCTION OF 11-� IN THE PROPERTY TAX RATE FOR 1973. WHEREAS, the City of South Bend will be receiving certain federal monies under the State and Local Fiscal Assistance Act of 1972, commonly referred to as Revenue Sharing- and WHEREAS the Common Council is interested in applying a portion of said funds to direct property tax relief for 1973- and WHEREAS. the Common Council desires to publicly express its intent to reduce 11,� from the tax rate for 1973• NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION I. That the Indiana State Board of Tax Commissioners be requested to eliminate the 114: Property tax rate for the Motor Vehicle Highway Fund, unless said elimination would reduce the amount of revenue sharing funds payable to the City of South Bend, on the basis that the Common Council will apply revenue sharing funds to replace said monies in said fund. SECTION II. That a copy of this Resolution be presented to the Indiana State Board of Tax Commissioners at their Public Hearing concerning the tax rate for the City of South Bend. /s/ Peter J. Nemeth Member of the Common Council Councilman Nemeth explained that this resolution was adopted by the Council at the last meeting but was vetoed by the Mayor. It will now require a two - thirds vote of the Council for adoption over the veto. Councilman Kopczynski said that he objected to the resolution when it was before the Council at the last meeting. He said the Street Department is not able to provide the necessary services now and that this is the last department where funds should be cut. He suggested that the budget be studied and that funds be cut where they are now providing services to the small taxpayer. He recommended that the Council not adopt the resolution. REGULAR MEETING DECEMBER 4, 1972 H 11 RESOLUTION NO. 341 -72 (CONTINUED) Mayor Jerry J. Miller made reference to a letter sent to the Council members explaining why he did not sign the resolution and asked that his letter be read into the record. City Clerk Irene K. Gammon read the Mayor's letter as follows: ID December 2, 1972 " Members of South Bend Common Council County -City Building South Bend, Indiana Attention: Mr. Peter J. Nemeth, President Dear Councilmen: In compliance with the law, I am writing this letter to notify you of my reasons for not signing Resolution Number 341 -72. Without going into great detail or philosophy, I have not signed the Resolution for at least the following reasons: 1. The City has not received permanent guidelines for spending. This is due in mid January 1973. 2. The City has not received a firm figure from the Department of the Treasury. 3. The City has not received any part of the actual money. 4. We have proposed a date of February 15;0 1973 as a target date for presenting to the Council a complete budget breakdown for the first four entitlement periods (January 1, 1972 - June 30, 1973). 5. We do not have a firm response from the County Council or County Commissioners on what joint projects are possible. 6. The Indiana Association of Cities and Towns are meeting with all the Mayors and Councilmen on December 6, 1972 to present several types of alternative "property tax "provisions. 7. it is possible that our future amount of revenue could be adversely affected by a premature property tax reduction at this time. 8. The State Tax Board of Tax Commissioners has reduced the Motor Vehicle Tax from eleven cents to nine cents which clearly makes the Resolution inaccurate. 9. A resolution is not the usual procedure for establishing a budget. 10. Passage of a similar resolution leads to a proliferation of problems that could be avoided by a Comprehensive Plan and budget which will be presented, as stated, by February 15, 1973. Until the answers to these questions can be resolved, I feel that in the best interest of the citizens of South Bend, I should refrain from signing this Resolution. My goal for Revenue Sharing is property tax relief. However, until-allguidelines are final, I cannot justify spending this money. Sincerely, /s/ Jerry J. Miller, Mayor, City of South Bend 11 Councilman Newburn said that since information has not been received from the federal.-govern- ment regarding the use of revenue sharing funds and since a hearing will be held on Wednesday of this week on procedures, he would make a motion to table this matter until after this information was received. The motion died for lack of a second. Councilman Parent said that the intent of the resolution is very broad. It does not eliminate the llfi if the revenue sharing funds are to be based on the amount of taxes we pay. The intent is not to deprive the Street Department budget but to replace the $225,000 with revenue sharing funds. We are not actually spending the money tonight but are expressing our thoughts We are under certain limitations. Mr. Parent said that he urged the Council to vote favorably on the resolution. Councilman Miller made a motion for adoption of the resolution, seconded by Councilman Szymko- wiak. Councilman Nemeth advised the Council members that it would require a two - thirds vote for adoption. The resolution was adopted by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, and Nemeth) two nays (Councilmen Kopczynski and Newburn). RESOLUTION A RESOLUTION BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO SUPPORT LEGISLATION THAT WILL AID VICTIMS OF CRIME IN PUBLIC PLACES OR ON PUBLIC PROPERTY. WHEREAS, the crime rate in public places or on public property has risen to high enough proportions to be of great concern to the citizens of South Bend; WHEREAS, the rehabilitation of criminals takes tremendous amounts of money, effort and personal time; WHEREAS, the victim of crime has not been justly, or in most cases none whatsoever, compensated for his expenses due to being a victim of crime in public places or on public property; REGULAR MEETING DECEMM 4. 1977 RESOLUTIONS (CONTINUED) WHEREAS, the taxpayers in the City of South Bend pay for protection of life and property by supporting the Police, Fire Department, and other agencies such as courts, rehabilitation houses, etc; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA that it will seek and support ways, means and legislation at the city, state and federal level to direct some of the money used as described above and /or additional money necessary, to render just and prudent compensation to the victims of crime on the streets and in public places in the City of South Bend, Indiana. /s/ Walter T. Kopczynski Member of the Common Council A public hearing was held on the resolution at this time. Councilman Kopczynski made the presentation for the resolution. He read a letter which had been sent to the Council members into the record. IE November 15, 1972 " Mayor Jerry J. Miller County -City Building South Bend, Indiana In Re: Victims and Crime Dear Mayor Miller: Society has always been concerned with the rehabilitation of criminals. This has been done through various organizations, which over the years coat the donating public and the taxpaying public insurmountable amounts of dollars. With all of the effort of rehabilitation, crime is more prevalent today than ever. Perhaps this is an indication that efforts were spent in the wrong direction. I think it is high time that we reverse our direction of efforts away from rehabilitating criminals, instead we should punish them; our efforts should be directed in rewarding the victims of the crimes by compensating them for their property losses, physical and mental injuries. We, as taxpayers, pay vast amounts of money through our city taxes, as well as other types of taxes, for the Police Department and Fire Department. These depart- ments are specifically in charge of protecting life and property. Inasmuch as this money spent on police and fire protection can be likened to premiums on an insurance policy, I feel that insurance policy should pay off when failure of protection occurs. In view of the above facts, I propose that tax money and privately donated money in the City of South Bend be used to compensate the victims of crimes, rather than the criminals. To this end, I am proposing an ordinance to that effect, and I am soliciting all the help I can get from the City Legal Department, various civic organizations, the administration and citizens themselves. Sincerely, /S/ Walter T. Kopczynski Sixth District Councilman Councilman Kopczynski said that he feels the resolution has much merit. He said we have con- sidered everyone except the victim of crime. He said we pay for safety and protection and we owe it to the citizens to compensate them when we do not provide it. He said that passing this resolution is within the power of the Council, but it should not stop at the local level. Legislation at the state level should also be explored. He urged the Council to adopt the resolution. Mr. Leo Wallish, 446 LaPorte Avenue, said he congratulated Councilman Kopczynski for the state- ments that he made. He said that parents should be made responsible for juveniles. He said that this might create another bureauracy but that he is for the resolution. Mr. Joseph Szalay, 19300 Wedgewood Drive, said that the lives and property of innocent people are threatened every day. He offered his help in any way to find ways of preventing crime and said it would take all citizens becoming involved to help. Mr. Arthur Langel, 4403 Huron Street, spoke in favor of the resolution. He said that he has lost $130,000 through vandalism of his property and loss of his livlihood. He said he applied for food stamps and complained of the manner in which he was treated by an employee of that department. He feels that victims of robberies should be entitled to food stamps. Councilman Newburn said if this resolution is asking that victims be paid compensation for crimes, where do we obtain the funds? He said he is in favor of the idea behind the resolution but questions the great tax burden to provide the funds. Councilman Kopczynski said that the taxpayers have been paying a lot of money for police and fire protection and that a lot of money has been privatelw_,donated but not to compensate victims of crime. Mr. John Taylor said that what disturbed him about this discussion was uh ere it was going to end. He asked "Are we not going to have socialized crime when a person has been injured and needs medical attention ?" A man who has the responsibility of protecting his family and is entitled t< compensation might well go beyond bounds in his claims. This would eradicate what we need. Councilman Horvath said that Mr. Taylor had said what he intended to say. Councilman Parent said that feelings of outrage and sentiment are tremendous when you know anyone who has been the victim of a crime. He said that no one knows how the mind of a criminal operates. When the one commits the crime knows that the victim might be compensated, who knows what might happen. Councilman Taylor said he would want to take a long look at any ordinance on this topic. He said he would like to make several points about the proposal. 1. It would take an additional type of government program to get it in operation. 2. How much money would you set aside - one million, ten million? 3. How do you classify first degree murder, rape, felony, mental anguish? There are too many intangibles. 4. It opens the door for criminals to work in gangs taking turns at being the victims. S. The resolution would cause confusion; victims of crime in public places would be paid, victims on their own property would not. REGULAR MEETING DECEMBER 4, 1972 ' RESOLUTIONS (CONTINUED) Councilman Kopczynski said that, as a city, we are charged with keeping order on public property and in public places. The property owner has the legal right to protect his property as he sees fit. He said the resolution does not ask for any money at the present time, but would allow the Council to explore legislation at the city, state and federal level to aid victims. Councilman Kopczynski then moved for adoption of the resolution. There was no second to the motion. Council man Miller moved to strike the resolution from the files, seconded by Councilman Horvath. The motion carried by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) one nay (Councilman Kopczynski). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $34,000.00 FROM THE GENERAL FUND TO "PARKING GARAGE FUND PROJECT - 1969" This ordinance had first reading. Councilman Parent made a motion that the rules be suspended and the public hearing and second reading of the ordinance be held at this time. Councilman Miller seconded the motion and it carried unanimously. Mr. James Barcome, City Controller, said that this appropriation is needed to make the payment on the bond obligation for the parking garages. They have been able to generate more revenue from the garages and have developed several flat lots and anticipate an increase in revenue so that this situation should not occur again. Money which has been paid in parking violationsfines has been paid into the General Fund and it is this money that is being appropriated by the ordinance. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that they object strongly to this appropriation. She said that when the parking garages were proposed, assurance was given that no property tax money would be needed for them. Mrs. Janet Allen, 125 West Marion, agreed with Miss Guthrie that this money should not be appropriated for the parking garages. Mr. Glen Voreis, 214 E. Ewing Avenue, said he objected to the principle of the appropriation, since it appears an error was made by the consulting firm in calculating the amount of revenue to be produced by the parking structures. The ordinance had second reading. Councilman Parent made a motion that the ordinance pass, seconded by Councilman Miller. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) one nay (Councilman Horvath). ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA FORMERLY CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA AND REFERRED TO AS ZONING ORDINANCE NO. 3702 AS AMENDED. (EAST OF ST. JOSEPH RIVER BORDERING DOWNTOWN AREA) This ordinance had first reading. Councilman Newburn made a motion that the ordinance be referred to the Area Plan Commission for their study and recommendation. Councilman Taylor seconded the motion and it was carried. ORDINANCE AN ORDINANCE FOR A TRANSFER IN THE AMOUNT OF $100.00 TO ACCOUNT Y -361, "RECORDS, STATIONERY AND PRINTING ", FROM ACCOUNT Y -213, "TRAVELING EXPENSES" IN THE AMOUNT OF $50.00, AND FROM ACCOUNT Y -252, "REPAIRS OF EQUIPMENT" IN THE AMOUNT OF $50.00, ALL ACCOUNTS BEING WITHIN THE FIREMEN'S PENSION.'FUND. This ordinance had first reading. Councilman Miller moved that the rules be suspended and the public hearing and second reading be held at this time. The motion was seconded by.- Councilman Newburn and carried unanimously. Captain Ernest Rozanski, Secretary of the Firemen's Pension Fund, explained that the State Board of Accounts has asked them to change their system of record keeping and the money is nedded to buy ledgers. Councilman Miller made a motion that the ordinance pass, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE FOR A TRANSFER IN THE AMOUNT OF $80.00 TO ACCOUNT Q -43 "REPAIR PARTS" FROM ACCOUNT Q -11 "SERVICES PERSONAL" IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. This ordinance had first reading. Councilman Miller made a motion to suspend the rules and hold the public hearing and second reading on the ordinance at this time. Councilman Newburn seconded the motion and it was carried unanimously. Assistant Fire Chief Joseph V. Nagy explained that they are asking for this transfer from Q -11 to Account Q -43 "Repair Parts' which is depleted. There was a breakdown of a piece of equipment and the money is needed to pay for the part. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked what part was needed. Chief Nagy said that they purchased a clutch to get the vehicle back into service. They had no choice if they wanted to get the vehicle out of the garage. Councilman Szymkowiak made a motion that the ordinance pass, seconded'-by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF HOUTH BEND, INDIANA AND RIES EQUIPMENT COMPANY, INDIANAPOLIS, INDIANA, FOR THE PURCHASE OF TWO SELF - PROPELLED VACUUM TYPE STREET SWEEPERS IN THE AMOUNT OF $65,460.00. This ordinance had first reading. Councilman Taylor moved that the ordinance be set for public hearing and second reading on December 18, 1972,.' Councilman Miller seconded the motion and it carried. REGULAR MEETING DECEMBER 4, 1972 ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE CITY CLERK'S OFFICE BUDGET IN THE AMOUNT OF 4240.00 FROM C -252 "REPAIRS OF EQUIPMENT" TO C -725 "PROPERTIES" BOTH ACCOUNTS BEING WITHIN THE GENERAL FUND. This ordinance had first reading. Councilman Parent made a motion that the rules be suspended and the ordinance have public hearing and second reading at this time. Councilman Kopczynski seconded the motion and it carried unanimously. City Controller James Barcome explained that the reason for the suspension of rules on these transfer items is that the Controllers Office is going to close the books between December 10th and 15th and this requires public hearings tonight in order to complete the bookkeeping. Mr. Barcome then said he was representing Mrs. Irene Gammon, City Clerk, in speaking for this ordinance. The transfer is being requested so that Mrs. Gammon may purchase file cabinets which are needed to keep records of the City Clerk's Office and of the Council. Mrs. Conchita Washington, 749 S. Sheridan Street, questioned the amount of the transfer and asked what kind of cabinets would be purchased. Mr. Barcome explained that they would be four - drawer, fireproof, legal size cabinets. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE TRANSFERRING FUNDS IN THE TOTAL AMOUNT OF $3,600.00 FROM VARIOUS ACCOUNTS WITHIN THE CONTROLLER'S BUDGET OF THE CITY GENERAL FUND TO VARIOUS OTHER ACCOUNTS OF THE CONTROLLER'S BUDGET, ALL BEING WITHIN THE GENERAL FUND. This ordinance had first reading. Councilman Parent made a motion to suspend the rules and hold the public hearing and second reading on the ordinance at this time. Councilman Szymkowiak seconded the motion and it carried unanimously. Mr. James Barcome, City Controller, said that these transfers are from various accounts within the Controller's budget. They feel that the cost - allocation and expense - control system to be initiated in January, 1973 will help them to avoid such transfers next year. There has been a tremendous increase in the amount of work done in the print shop and more money is needed for supplies, maintenance contracts on office equip- ment, printing and subscriptions. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE TRANSFERRING $205.00 FROM PARKING METER FUND ACCOUNT 12 "OTHER COMPENSATION" TO PARKING METER FUND ACCOUNT 64 "BENEFIT TRUST LIFE INSURANCE ", BOTH BEING WITHIN THE PARKING METER FUND. This ordinance had first reading. Councilman Miller made a motion for suspension of the rules so that public hearing and second reading could be held at this time, seconded by Councilman Taylor. The motion carried unanimously. City Controller James Barcome explained that this ordinance is necessitated by a 31/ increase in insurance premiums which took effect in June, 1972. This increase was from $5.86 to $7.68 per person per pay period. There was no provision in the 1972 budget to cover this increase. The insurance company requested the increase because they were paying out more money in claims than they were receiving in premiums. We agreed to the increase because of that. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE TRANSFERRING $100.00 WITHIN THE HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION FROM ACCOUNT 212 "POSTAGE" TO ACCOUNT 64 "BENEFIT TRUST LIFE INSURANCE" BOTH BEING WITHIN THE HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION'S BUDGET. This ordinance had first reading. Councilman Miller made a motion to suspend the rules and hold the public hearing and second reading on the ordinance at this time, seconded by Councilman Taylor. The motion carried unanimously. City Controller James Barcome explained that this is the same as the previous ordinance requesting a transfer into the Insurance Account in the Human Relations and Fair Employment Practices Commission budget to cover the insurance increase in the amount of $100.00. Councilman Miller made a motion that the ordinance pass, seconded by Council- man Kopczynski. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiali Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This Ordinance had first reading. Councilman Taylor made a motion that the ordinance be referred to the Area Plan Commission for their study and recommendation. Councilman Parent seconded the motion. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $35 000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This ordinance had first'�reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading at the Special Meeting on December 11, 1972. Councilman Kopczynski seconded the motion and it carried. ORDINANCE AN ORDINANCE TRANSFERRING $30,000.00 FROM THE BOARD OF PUBLIC WORKS AND SAFETY, ACCOUNT H -11 SALARIES TO THE OFFICE OF THE CONTROLLER, ACCOUNT B -64 "BENEFIT TRUST LIFE INSURANCE "' BOTH OF WHOSE BUDGETS ARE WITHIN THE GENERAL FUND OF THE CITY <OF SOUTH BEND. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on December 11, 1972. Councilman Kopczynski seconded the motion and it carried. REGULAR MEETING DECEMBER 4, 1972 ORDINANCES, FIRST READING (CONTINUED) ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $5,500.00 FROM THE MOTOR VEHICLE HIGHWAY FUND TO ACCOUNT MVH 64 "BENEFIT TRUST LIFE INSURANCE ", AN ACCOUNT WITHIN THE MOTOR VEHICLE HIGHWAY FUND. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on December 11, 1972, seconded by Councilman Horvath. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $20,000 FROM THE MOTOR VEHICLE HIGHWAY FUND TO MVH 13 "EXTRA AND OVERTIME" AN ACCOUNT WITHIN THE MOTOR VEHICLE HIGHWAY DEPARTMENT This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for public hearing and second reading on December 11, 1972, seconded by Councilman Taylor. Motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $25,000.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL ", WITHIN THE LOCAL ROAD AND STREET FUND, °FOR USE IN ACQUIRING RIGHT -OF -WAY FOR PROJECT R & S 47. This ordinance had first reading. Councilman Kopczynski moved that the ordinance be set for public hearing and second reading on December 11, 1972,. Councilman Taylor seconded the motion and it carried. Members of the Council called for a short recess at 9:45 p.m. The meeting reconvened at 9:58 p.m. UNFINISHED BUSINESS Police Chief Robert W. Seals gave a report on the Police Department for the past eleven months, including crime statistics. Chief Seals thanked the Council for the invitation to appear at the meeting to discuss this very controversial matter. He said that contrary to stated opinions people might hear, this presentation will be based on fact. He said the police of this city are not responsible for the crime rate. They deal with detection and apprehension. He said that feelings of citizen dismay, frustration, fear and anger are understandable. He said an increase in population is the root cause of an increasing crime rate. He gave the following figures for the number of Part I crimes committed in South Bend: 1962 3,164 1963 4,259 1964 4,825 1965 4,515 1966 4,930 1967 6,971 1968 7,087 1969 7,079 1970 8,862 1971 7,889 In answer to a question by Councilman Nemeth, Chief Seals explained that Part I crimes are homicide, rape, aggravated assault, robbery, burglary, larceny and auto theft. Chief Seals said the sudden rise in the totals after 1969 was the result of changes in reporting methods and said that the crime existed before but, especially in poor areas, was never reported. He said the areas of crime have been in our community for many years. Chief Seals then displayed a chart showing the national crime index which listed the national average up'?83% with South Bend up 60 %. The national level clearance rate has dropped 19% and South Bend's clearance rate has dropped 7 %. Chief Seals said that, rumor and suspicion to the contrary, the South Bend Police Department's performance is far better than the average department across the country. He then displayed a chart showing the number of crimes cleared by arrest. National Average South Bend Murder 84% 88% Manslaughter 83% 780% Rape -- 55%, 31% Aggravated Assault 66% 53% Robbery. 27% 10% Burglary 190/ 14% Larceny 19.0 15% Auto Theft 16% 16% Chief Seals said he did not appear here tonight with instructions from the Mayor. He said the administration recognized that you don't hire a lumberjack to head the downtown renewal program. You hire a policeman to head the Police Department. He said that when doubt of the police and their credibility arises, questions must be answered. The national average recommends that there should be 1.8 police officers per 1000 inhabitants. South Bend is one of the few cities of its size which has not exceeded that ratio. South Bend has a population of 125,000 and 231 police officers. For cities in South Bend's category, 1.0 policemen is considered low, 21 is average, and 4.5 is high. South Bend has 1.8 policemen for each 1000 people. The Department is fighting the battle against crime without enough men. Chief Seals then gave the following figures for South Bend for Octdber, 1972 and the comparable figures for 1971: REGULAR MEETING DECEMBER 4, 1972 UNFINISHED BUSINESS (CONTINUED) Chief Seals gave a breakdown on burglary figures, showing there were 688 commercial burglaries in 1972 and 742 in 1971 and that there were 1072 residential burglaries in 1972 and 709 in 1971. He said that some commercial burglaries can be prevented but residential burglaries are next to impossible to prevent. Chief Seals pointed out that much crime, rape, murder and burglary is a one on one situation which occurs behind closed doors. The monetary loss in Part I crimes has decreased from $1,555,731 in 1971 to $1,527,745 in 1972. Chief Seals cited many other duties of the Police Department and said that 1,310,401 miles were patrolled by police officers to date this year. Vice squad arrests for prostitution, gambling, liquor violations and enforcement of narcotic laws have greatly increased in 1972. The traffic bureau issued 5983 traffic tickets, 705 citations for no driver's license, 80 warnings, and made 5198 arrests. In addition, the Meter Maids issued 51,285 parking violation, tickets. Chief Seals gave the man hours involved in recruit, firearm and in- service training for police personnel in the South Bend Police Academy and said the academy is working toward accreditation. The Chief said that policemen are also shot at and attacked and that they cry when old people are beaten or robbed or homes vandalized. He said rumor is still the worst counter agent to order and to law. He said that some of the loudest critics of the Police Department have questionable backgrounds. There is much dissatisfaction with the police, some valid and some not valid. There have been isolated cases of young policemen being discourteous to citizens but Chief Seals said that 70 to 80% of the men on the department have less than five years of experience. They are some of the finest young men in the community but must have time to learn. He said there is a great need for more policemen because South Bend is the hub or an urban area of 245,045 residents. Chief Seals said that the Felony Squad has a fine record and that a bomb disposal unit has been established. He urged citizens to take advantage of Project MARC, whereby possessions may be marked with the owner's social security number. This has resulted in recovery of many stolen items. Chief Seals said that the criminal justice system involves law enforcement, prosecution and the judicial system. He said that as long as doubt exists about the work of the Police Department, questions must be answered, but the Department needs the total support of the community. Chief Seals then said that there were two other speakers to make a presentation at this time, on behalf of the Administration. Councilman Newburn said he felt the citizens should be allowed to speak now. Mayor Jerry J. Miller said that the Council had asked for this report on the Police Department and that the administration had asked Mr. Gallagher of the Criminal Justice Department and Mr. °Bergwall of the Youth Service Bureau to prepare reports to be given this evening. Councilman Nemeth said that the call to tonight's meeting was for the Police Chief only. Council. man Szymkowiak made a motion that the citizens be allowed to speak first and then the two gentlemen would be heard later. Councilman Newburn seconded the motion. Council President Peter J. Nemeth asked for a show of hands on the motion and it carried by a vote of eight ayes, one nay (Councilman Taylor). Mrs. Barbara Vaszari, 830 S. Falcon Street, thanked the Council and Chief Seals. She said she was not here to accuse the police of not doing their job. She said there are inadequacies in the system and the police department is one place to start. She said that she meant her criticism to be constructive. She commented that the problem might be with the attorneys, prosecutors and judges. She feels that the biggest problem is with juvenile crime and said that parents and schools should cooperate with the police in this area. Mr. Larry Taylor, of the Park - Jefferson Apartments, spoke on a robbery that occurred in his home and said the comment was made that the burglar probably robbed him to pay the bondsman for a prior offense. He said that part of the crime problem today is the result of Supreme Court decisions such as the Miranda decision and said that the local court system is ineffective. He warned that if the situation is not changed, the result might be a national police force. He called for citizen support of our Police Department. Mrs. Lucianne Fidler, 1108 Lawrence Street, said that the problem might be a manpower shortage and asked whether aides could be hired for traffic and other duties, freeing the regular police officers for more vital work. Mr. Leo Wallisch, 446 LaPorte Avenue, thanked the Police Chief for his report. He said it is demoralizing to him to have mobs descend on the police station to obstruct justice. He asked that the punishment be made to fit the crime and said the police should be given more power. He also feels that the issue of capital punishment should be put on a referendum in the next state election. Mrs. Elsie Bright, 3717 W. Ford Street, said that she has a police radio in her home and from the large number of dispatches each day she feels we do need more police. She cited examples of police not arresting people because of invasion of privacy. Mr. Charles Menyhart, 54760 Mayflower Road, said that Project MARC is a good idea but said that the three -, four -, and five -time offenders should be marked so that the citizens will know who they are. Mr. Arthur Langel, 4403 Huron Street, said that the responsibility rests upon the citizens but said it is futile to try to get to the establishment running this city and country as they are not interested in the average citizen. He said he has written to President Nixon and Ralph Nader and has attempted to get six attorneys to represent him in a court suit against the city, state and federal government for loss of property and loss of his livlihood but he'said he received no help. Mrs. Louise Rozek, 624 N. Birdsell Street, asked if there was a curfew in South Bend and if so, why it was not enforced. Chief Seals answered that there is a curfew ordinance but they have run into legal problems with enforcement of the curfew and it is now in the hands of the Legal Department. Mrs. Rozek said she is concerned about vandalism and robberies by juveniles and said many times the offender gets off with no punishment and is released. She cited cases where a crime was observed and Crime Alert was called and no report of the incident was ever made to the Police Department. She asked if the Police Department looks the other way at times and mentioned the area at the corner of Washington and Walnut Streets, where people are observed drinking and gambling during the daylight hours in vacant lots but nothing is done. 1972 1971 Murder 12 17 Rape 28 23 Robbery 383 363 Aggravated Assault 129 108 Burglary 1761 1451 Larceny 4260 3877 Auto Theft 908 689 7486 6534 An increase of 952 Chief Seals gave a breakdown on burglary figures, showing there were 688 commercial burglaries in 1972 and 742 in 1971 and that there were 1072 residential burglaries in 1972 and 709 in 1971. He said that some commercial burglaries can be prevented but residential burglaries are next to impossible to prevent. Chief Seals pointed out that much crime, rape, murder and burglary is a one on one situation which occurs behind closed doors. The monetary loss in Part I crimes has decreased from $1,555,731 in 1971 to $1,527,745 in 1972. Chief Seals cited many other duties of the Police Department and said that 1,310,401 miles were patrolled by police officers to date this year. Vice squad arrests for prostitution, gambling, liquor violations and enforcement of narcotic laws have greatly increased in 1972. The traffic bureau issued 5983 traffic tickets, 705 citations for no driver's license, 80 warnings, and made 5198 arrests. In addition, the Meter Maids issued 51,285 parking violation, tickets. Chief Seals gave the man hours involved in recruit, firearm and in- service training for police personnel in the South Bend Police Academy and said the academy is working toward accreditation. The Chief said that policemen are also shot at and attacked and that they cry when old people are beaten or robbed or homes vandalized. He said rumor is still the worst counter agent to order and to law. He said that some of the loudest critics of the Police Department have questionable backgrounds. There is much dissatisfaction with the police, some valid and some not valid. There have been isolated cases of young policemen being discourteous to citizens but Chief Seals said that 70 to 80% of the men on the department have less than five years of experience. They are some of the finest young men in the community but must have time to learn. He said there is a great need for more policemen because South Bend is the hub or an urban area of 245,045 residents. Chief Seals said that the Felony Squad has a fine record and that a bomb disposal unit has been established. He urged citizens to take advantage of Project MARC, whereby possessions may be marked with the owner's social security number. This has resulted in recovery of many stolen items. Chief Seals said that the criminal justice system involves law enforcement, prosecution and the judicial system. He said that as long as doubt exists about the work of the Police Department, questions must be answered, but the Department needs the total support of the community. Chief Seals then said that there were two other speakers to make a presentation at this time, on behalf of the Administration. Councilman Newburn said he felt the citizens should be allowed to speak now. Mayor Jerry J. Miller said that the Council had asked for this report on the Police Department and that the administration had asked Mr. Gallagher of the Criminal Justice Department and Mr. °Bergwall of the Youth Service Bureau to prepare reports to be given this evening. Councilman Nemeth said that the call to tonight's meeting was for the Police Chief only. Council. man Szymkowiak made a motion that the citizens be allowed to speak first and then the two gentlemen would be heard later. Councilman Newburn seconded the motion. Council President Peter J. Nemeth asked for a show of hands on the motion and it carried by a vote of eight ayes, one nay (Councilman Taylor). Mrs. Barbara Vaszari, 830 S. Falcon Street, thanked the Council and Chief Seals. She said she was not here to accuse the police of not doing their job. She said there are inadequacies in the system and the police department is one place to start. She said that she meant her criticism to be constructive. She commented that the problem might be with the attorneys, prosecutors and judges. She feels that the biggest problem is with juvenile crime and said that parents and schools should cooperate with the police in this area. Mr. Larry Taylor, of the Park - Jefferson Apartments, spoke on a robbery that occurred in his home and said the comment was made that the burglar probably robbed him to pay the bondsman for a prior offense. He said that part of the crime problem today is the result of Supreme Court decisions such as the Miranda decision and said that the local court system is ineffective. He warned that if the situation is not changed, the result might be a national police force. He called for citizen support of our Police Department. Mrs. Lucianne Fidler, 1108 Lawrence Street, said that the problem might be a manpower shortage and asked whether aides could be hired for traffic and other duties, freeing the regular police officers for more vital work. Mr. Leo Wallisch, 446 LaPorte Avenue, thanked the Police Chief for his report. He said it is demoralizing to him to have mobs descend on the police station to obstruct justice. He asked that the punishment be made to fit the crime and said the police should be given more power. He also feels that the issue of capital punishment should be put on a referendum in the next state election. Mrs. Elsie Bright, 3717 W. Ford Street, said that she has a police radio in her home and from the large number of dispatches each day she feels we do need more police. She cited examples of police not arresting people because of invasion of privacy. Mr. Charles Menyhart, 54760 Mayflower Road, said that Project MARC is a good idea but said that the three -, four -, and five -time offenders should be marked so that the citizens will know who they are. Mr. Arthur Langel, 4403 Huron Street, said that the responsibility rests upon the citizens but said it is futile to try to get to the establishment running this city and country as they are not interested in the average citizen. He said he has written to President Nixon and Ralph Nader and has attempted to get six attorneys to represent him in a court suit against the city, state and federal government for loss of property and loss of his livlihood but he'said he received no help. Mrs. Louise Rozek, 624 N. Birdsell Street, asked if there was a curfew in South Bend and if so, why it was not enforced. Chief Seals answered that there is a curfew ordinance but they have run into legal problems with enforcement of the curfew and it is now in the hands of the Legal Department. Mrs. Rozek said she is concerned about vandalism and robberies by juveniles and said many times the offender gets off with no punishment and is released. She cited cases where a crime was observed and Crime Alert was called and no report of the incident was ever made to the Police Department. She asked if the Police Department looks the other way at times and mentioned the area at the corner of Washington and Walnut Streets, where people are observed drinking and gambling during the daylight hours in vacant lots but nothing is done. 11 REGULAR MEETING DECEMBER 4, 1972 UNFINISHED BUSINESS (CONTINUED) Mr. Joseph Szalay, 19300 Wedgewood, cited differences in crime statistics for the cities of Los Angeles and Tokyo, with the crime rate in Tokyo being substantially lower. He said he feels this is because of the citizens taking the responsibility for crimes and for reporting of them. He said the citizens in Tokyo will not tolerate criminal acts and will report even friends and relatives who are guilty of committing crimes, Dr. Helen Calvin, 103 S. Eddy Street, said that in cases of drunkenness, the poor people are arrested and the professional people are excused. She said certain citizens are immune to the law. She said we are not addressing ourselves to the problems of alcoholism and said that 60% of all auto accidents are related to drinking. Mrs. Conchita Washington, 749 S. Sheridan Street, said that agitators, prostitutes, gamblers, and wife beaters are the ones who protest about the Police Department's efficiency. She said that a year ago gambling was high and open, murder was too high, prostitution was open and on corners, robbery and rape were too high, there were assaults on the aged with very few arrests, property damage was high, police brutality was high, the number of drug pushers was high. She said that the conduct of policemen in and out of uniform leaves a lot to be desired. However, she said that this year offenses are lower and charges of brutality are lower. There have been improved relationships with the South Bend Community School Corporation. Mrs. Washington said that she feels Chief Seals is doing a good job and should be given a chance to prove himself for a much longer period of time than he has had. Mr. Pat Gallagher, of the Criminal Justice Planning Agency, said that ground will be broken withi the next year for a Juvenile Training and Rehabilitation Center. There is approximately $400,000 available for the building and the staff to program it. The facility is being undertaken with the cooperation of Elkhart and Marshall counties. A program has been initiated in South Bend to work with school drop -outs. Juveniel crime referrals have dropped 10% this year and have dropped every year since 1968. The recidivism rate has dropped 35/ since 1968. In the area of juvenile crime we are now experiencing justifiable results since the advent of the Youth Service Bureau. Mr. Gallagher said we would need 125,000 police or auxiliary police to eliminate crime. We must work in the area of prevention and deterrents. He stressed the need for citizen participation. He said if a citizen's responsibility stops at his front door, we will have crime in the streets. If his responsibility goes into the streets, it will be a great-help in eliminating crime. Effective street lighting can have a positive effect in lowering the crime rate. Mr. Gallagher said if justice is blind, we don't have to be. Mr. Evan Bergwall, of the Youth Service Bureau, then spoke on their efforts in eliminating juvenile crime. He said the Bureau has dealt with 300 young people and had a 13/o recividism rate out of this group. He feels by providing some personalized one-to -one attention at the first offense, we can solve problems. He said many citizens have called for holding parents responsible for the actions of the juvenile offenders, but he said some of these young people are not sure who their parents are. Mr. Bergwall commended Chief Seals and the Department for their work with juveniles and with the Youth Service Bureau. He said their prime concern is getting and saving lives of young people before they get up to 35 or 40 referrals. They need the support of all the citizens to help young people before they get.to Judge Kopinski's court. Mayor Jerry J. Miller said that his administration is working on this problem from every angle. 98% of all people who commit crimes return to the community. We have to have some form of rehabilitation and especially drug rehabilitation. There are a lot of stumbling blocks. Mayor Miller said that more efficiency from the Police Department and better reporting and record keep- ing will cause the crime rate to go up. He said he feels the Police Department is doing a fine job, one of the finest ever done. He said an oven better job will be done when the Department of Safety is implemented and they are interviewing people for this position now. Council President Peter J. Nemeth thanked everyone for coming to this meeting tonight to hear Chief Seals and to express their opinions. Mr. Nemeth then asked for a motion to direct the City Clerk to prepare a Memorandum of Adoption on Resolution No. 341 -72, in regard to property tax relief, which should be sent to the Indiana State Board of Tax Commissioners, Attention of Mr. Carleton Phillipi, so moved by Councilman Parent, seconded by Councilman Taylor and carried. There being no further business to come before the Council, Councilman Taylor moved that the meeting be adjourned,'seconded by Councilman Parent. The motion carried and the meeting adjourne at 12 :35 a.m. ATTEST: k CITY CLERK 'PRESIDENT /1 v