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HomeMy WebLinkAbout12-11-72 Council Meeting Minutes-r tttt ttttt ttttt+ t+++++++++++++++++++++++++++- 1-++ .- f-+ ......+ .+++++.-++ + + + + + + + + + + + + + + + + + + +++ + + + + + + + + ++ REGULAR MEETING DECEMBER 11, 1972 Be it remembered that the Common Council of the City of South Bend, Indiana met in special session at 8:00 p.m. on Monday, December 11, 1972 in the Council Chambers, Fourth Floor of the County -City Building. Council President Peter J. Nemeth asked that all stand for the Pledge to the Flag. City Clerk Irene K. Gammon read the call for the Special Meeting as follows: "To: The Members of the Common Council NOTICE OF SPECIAL MEETING OF THE COMMON COUNCIL You are hereby notified that there will be a Special Meeting of the Common Council of the City of South Bend, Indiana on the 11th day of December, 1972 at 8:00 p.m. in the Council Chambers, County -City Building, for the purpose of: Public Hearing on 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 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $20,000.00 FROM THE MOTOR VEHICLE HIGHWAY FUND TO MVH 13 "EXTRA AND OVERTIME" AN ACCOUNT WITHIN THE MOTOR VEHICLE HIGHWAY DEPARTMENT. 1-9-11 SPECIAL MEETING DECEMBER 11, 1972 CALL FOR THE SPECIAL MEETING (CONTINUED) 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 DEPARTMENT 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. AN ORDINANCE APPROPRIATING THE SUM OF $35,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. The Chief of Police or any member of the Police Force is directed to serve a copy of this notice to each member of the Common Council and make due return hereon. Dated: December 4, 1972 /s/ Jerry J. Miller, Mayor ATTEST: /s/ Irene K. Gammon, City Clerk The within call came to hand this 4th day of December, 1972 which I served by reading the same to each Councilman upon the date designated /s/ Joseph T. Serge /s/ Robert G. Taylor /s/ Walter M. Szymkowiak /s/ Walter T. Kopczynski /s/ Terry S. Miller /s/ Frank Horvath /s/ Roger 0. Parent /s/ Peter J. Nemeth /s/ Odell Newburn 11 ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. 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 at 8:03 p.m. on Monday, December 11, 1972 with nine members present. Chairman Odell Newburn presided. 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 PROTECT R & S 47. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William Richardson, Director of Public Works, explained that this ordinance came before the Council about three weeks ago and, at that time, the Council suspended the rules to hold 1st reading, public hearing and 2nd reading on the ordinance on the same night and the ordinance was passed. When the State Board of Tax Com- missioners held their hearing on the ordinance, they ruled that the procedures were illegal because the ordinance had not been advertised. This ordinance concerns right -of -way for the Chippewa- Michigan Street intersection. The project will require no additional local funds. Councilman Miller asked Mr. Richardson how much money was in the Local Road and Street Fund. Mr. Richardson replied that balances in the fund are set up for each project. This project concerns Project R & S 47. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $20,000.00 FROM THE MOTOR VEHICLE HIGHWAY FUND TO MVH 13 "EXTRA AND OVERTIME" AN ACCOUNT WITHIN THE MOTOR VEHICLE HIGHWAY DEPARTMENT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Donald Decker, Street Commissioner, said that the reason for this request is that there has been a shortage because of trouble in a couple of programs. One of them is the leaf pick -up program. Due to the unusual weather this year, most of the leaves fell in a matter of a few days. This created an emergency situation resulting in $12,426.99 in overtime hours worked. At the time the request was made, there was a balance in the account of $8,501.59. The overtime for the period of November 1 through November 15 amounted to $10,641.13 leaving a deficit in the account. Overtime hours will be required on week -ends for snow and ice control. If the Council sees fit to grant this transfer of funds, we will have a balance of approximately $13,000 for the balance of December. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that it was her understanding that this was not a transfer, but an additional appropriation. She said with weather conditions as they are at this time of year it is difficult to question the Street Department about extra and overtime but she said she had hoped there would be a reduction made in some other item in the budget to cover this. Mr. Decker said that there is going to be money left in the 1972 budget and this money will revert back to the MVH General Fund. Miss Guthrie SPECIAL MEETING DECEMBER 11, 1972 COMMITTEE OF THE WHOLE MEETING 4CONTINUED) said that snow and ice need to be taken care of and that the Street Department is doing their work and should be complimented. She said her organization not only believes in questioning but also in commending. Councilman Kopczynski said he felt the Department was going a very good job. He said the people that he has come in contact with are very capable, but it is difficult to work without materials. He said money spent wisely is good spending. Councilman Nemeth said that he noted this money was being taken out of the MVH General Fund and asked how much was in that fund. Mr. James Barcome, City Controller, said he did not know the exact figure. Mr. William Richard- son, Director of Public Works, said that MVH is a special fund and any unused balances in the fund revert back to the General Fund of the MVH. He said they are expecting to have surpluses in several accounts and could have come to ask for several little transfers to make up the amount needed. They felt it would be better to ask for this amount out of the MVH General Fund believ- ing that they will have enough surplus in other accounts. Councilman Nemeth said it appeared they were operating on faith alone and asked whether anyone had computed these surplus figures. Mr. Richardson said that 22/ of the amount budgeted for Tires and Tubes has not been expended in 1972. That amount has been reduced in the 1973 budget. He said there could be a surplus of $5,000 in the Retirement account and $7,300 is unexpended in the Motor Equipment account. Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Horvath. The motion carried. 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 DEPARTMENT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Barcome, City Controller, said that this appropriation is required to cover the increase in the premium for employees' insurance which rose from $5.86 to $7.68 per person. No provision was made for this increase in the 1972 budget and the appropriation is being requested from the MVH General Fund. Councilman Nemeth said that since this appropriation is also coming out of the MVH General Fund, is there enough money? Mr. Barcome said, on the basis of departmental reports which he receives monthly, there would be enough money in the MVH General Fund. Mr. Nemeth asked if it would be possible for the Council to receive copies of these monthly departmental reports and Mr. Barcome said that it would. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. Motion 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. James Barcome, City Controller, said that this Ordinance is also to cover the increase in the insurance premiums to Benefit Trust Life Insurance Company and covers all the personnel under the General Fund. This money was allocated to the Board of Works budget for police recruits. A year ago, the previous admin- istration put on seven recruits under the regular Police Department budget. This administration did not put any new recruits on in January because there was a possibility there might be a shortage of funds to meet the police payroll. However, with retirements there has been enough money and two recruits were put on in July and six in November. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that it was her recollection that when the cabinet government was implemented, money was taken from this recruit item for the Human Resource Department. Mr. Barcome said that the money for the Human Resources Department was taken from the City Cemeteries Department and that they definitely have the money in the Board of Works budget for this transfer request. There was a discussion on the number of policemen now on the Department and Mr. Barcome said that the department now had its full complement of 231 officers and that the 1973 budget allows for 10 additional men. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $35,000.00 FROM THE CUMULATIVE_SEWER BUILDING AND SINKING FUND. This being the time heretofore set for,public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William Richardson, Director of Public Wor explained that this is part of the overall plan of the City to construct storm sewers in the Downtown Urban Renewal Project. A large 84 inch storm sewer was installed from the River west to Main Street under Monroe Street. This sewer is large enough to drain a large area of the southwest side of the Central Business District to and including Sample Street. While the Department was in the process of building the Main Street viaduct, under the TOPICS program, the Bureau of Public Works agreed to put in a 36 inch storm sewer from Main Street to Sample Street. This storm sewer would take the run -off north into the new Urban Renewal sewer. Mr. Richardson said that a diversion chamber would be used until the area to the south of Monroe Street has a complete separate storm sewer system. This diversion chamber is scheduled for removal within five to seven years. All the engineering services involved in this sewer have been done within the Department of Engineering. Councilman Szymkowiak asked if any money from the Redevelopment Department will go into this project and Mr. Richardson said no. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion 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. The motion carried. ATTEST: ATTES X ITY CLERK CHA I PECIAL MEETING SPECIAL MEETING - RECONVENED DECEMBER 11, 1972 it remembered that the special meeting of the Common Council of the City of South Bend recon- ned in the Council Chambers at 8:30 p.m., Council President Peter J. Nemeth presiding. uncilman Parent made a motion to waive the reading of the Committee of the Whole report, conded by Councilman Taylor. The motion carried unanimously. ORDINANCES, SECOND READING NO. 5459 -72 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. his ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, econded by Councilman Kopczynski. The motion carried and the ordinance passed by a roll call ote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, ewburn and Nemeth). NO. 5469 -72 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $20,000.00 FROM THE MOTOR VEHICLE HIGHWAY FUND TO MVH 13 "EXTRA AND OVERTIME ", AN ACCOUNT WITHIN THE MOTOR VEHICLE HIGHWAY DEPARTMENT. his ordinance had second reading. Councilman Newburn made a motion for passage, seconded by ouncilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, zymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). NO. 5470 -72 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 DEPARTMENT. his ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, econded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Council - en Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). NO. 5471 -72 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 BUDGETSi.ARE WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. Chis ordinance had second reading. Councilman Serge 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). 0 INANCE AN ORDINANCE APPROPRIATING THE SUM OF $35,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. his ordinance had second reading. Councilman Kopczynski made a motion that the ordinance pass, econded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen erge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). re being no further business to come before the Council, Councilman Newburn made a motion to ourn, seconded by Councilman Taylor. The motion carried and the meeting adjourned at 8:40 p.m. T: CLERK APPROVED: