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HomeMy WebLinkAbout10-09-39 Council Meeting Minutes156 Be it remembered the Common Council of the City of South Bend held a regul&T meeting in the Council Chambers, City Hall, Monday, October 9, 1939, at 7 :33 P.M. Councilman Pulaski was absen President McCarthy presided. The reading of the minute: of the previous meeting was suspended.. 0 OMMIUN 10 ATION To the Honorable Common Council of the City of South Bend Gentlemen: October 9, 1939 At a recent meeting you referred to the Board of Public Safety, a.. comrr.unicL.tion received from L. H. Zs cex relative to the alleged attempt to retire certain police officers from the police force of the City of South Bend. In this letter Mr. Essex said in substance, that the adding of ten men to the Pension Fund will deplete the ;pension fund requiring the appropriation of taxes to replenish that fund, which is not now necessary, causing an additional burden to the taxne.yers. He also said that the Pension Board is not compelled to accent policemen who have less than 25 years service to their credit, unless they resign voluntarily. He also stated that the ten men who were sent to the doctor were a:11 able- bodied men eble to carry on their work as police effic Mr. Essex is appa.r�ntly somewhat misinformed as to the facts concerning this situation. lo bep,,in with, the Council has been appropriating money in the past, to contribute to the Pensio Fund. Under the statute it is recuired that two cents per one hundred dollars be levied. on, taxable property for the purr-ose of the Pension Fund. For several years only one and one -half cents has been levied, at the rate of $2.00 per month to the Police Pension Fund. The pension la'hr also ralovides thG.t pensioners, or - policemen who have served twenty years on the department, are entitled to pensions upon retirement whether their retirement is voluntary or otherwise. At the end of twenty years they can retire and receive 50"i4o of the w,:zge of a patrolman e.t the time of their .retirement. The wage of a first class- patrolman, c -t the present time as you kno*w, is $170.00 per month, so that a men i ho has twenty years' service on the Police Department may retire on- a pension of 8 ,55.00 a-month. This pension increases two percent with each additional year of service until the officer has served 25 years, at which time he can retire end receive 6010 of his Monthly wage as a - pension. After 25 years the pension benefits do not increase. In-addition to the retirement provisi ons of the Pension Fund, there are other provisions intended to take care of officer,.-, who become disabled before retirement age or have sufficient service on the department to retire under the retirement provis ion. The law provides, for instance, that the pension board may give up to $75.00, per month temporary disability benefits to any officer who become incapacitated after he hG, s served_ five years, and. before he has completed. twenty years on the department. In the event such an officer becomes incapacitated, he may receive these benefits and then if at a later de-te, his physical condition becomes such that he can again participate in active police work, he can be restored to the department for active service. If an officer has served more than five years, and. less than twenty years on the department, and is retired by the Board of Public S& ety because of his incapacity, due to some physical condi- tion, then. the Pension Board may pay' him up to $50.00 per month. In addition to these provisions there are also provisions for the widows and other dependents of police officers, which of course, are not-material to this discussion. We have outlinedlbriefly the provisions of the pension lase, to show you that Indiana has, perhaps one of the best police -pension systems in the United States. The aim of the police pension laws in this State are twofold: (1) to give security to officers who have served. 'faithfully as protectors of thepublic for a long period of years, so that they will not want in their old age; (2) to make it possible to at r ll times have police departments in the State of Indiana, manned with able-bodied, men capable of carrying on active police duties, by making provisions for the care of those who become ,incapacity -ted during their service in the department. 11ith reference to ' the recent action of this Board, concerning the alleged attempt to retire eertai members of the polce department, Mr. Essex must be misinformed.. It is true that we asked all men .serving on the police department, who have served for a period of tTirenty -three years or more, to have a physical examination. In addition to this, we asked. two other men who have served lefts than tive-rity years to take physical examinations. The reason for this was, that are knew that within this group there were certain !Tien who were physically unable to carry on active police work, and. to perform the full duties as patrolmen on -?;he police department. The reason we chose twenty -three years as a starting; point was because we were anxious, if possible, that a.ny men who were retired. because of physical incapacity, would do so on an e:ieauate pension to care for their needs. A man who has served twenty -three years on the depart;r:ent willretire at a pension of �,,LQ5.20 per month. If they have served twenty -five years or more, they will retire on a pension of $102.00 per month. Many of these men have given long and valuable service to the city of South Bend, and are now at a place in life where they can retire end. receive the benefit of the Tension which the State of Indiana has provided for them. Of the men we requested. to have a physical examination, three Fussed an examination indic<.ting their ability to continue active police work. These men, of course, will continue on the department as long as their physical con�ition remains such that they can perform, the duties of a., first class -patrolman. The other men, as the result of their physical cwndition, are no longer capable of performing active policy service, as revealed by their physical examinations. We believe these men, in justice to them- selves, because of their physical condition, as well as to the citizens of this city, should . retire and receive the pensions Which the lass provides for them, which as we have already ex- ple,ined, ,,kill not be less than $95.20 per month. There are two mien who did not fall „zithin the category of the above described men. They are men who have served lees than twenty -three years on the police department, but who are obviously incapa_cita�ted. because of their physical condition, from carrying on their full duties as active policemen. Both of these men have been off on sick leaves of at least sixty days during the current calendar year. Their physical examination reveals that they both are in such condition, that to attempt to carry on the duties of a first class patrolman, would be dangerous to their physical well - being. One of these men 's a member. of the pension fund, and upon retirement under the temporary disability provisions of the pension fund, he could receive up to 875.00 per month from the pension fund. If he is discharged because o_f. incapacity, he could receive u- to $50.00 per month from the pension fund. The other man was over 42 years of age at the time he :Rent on the department, and therefore, too old to become a member of the pension fund.. Later on the law was changed so as to permit him to become a member of the pension fund., providi he could. pass the required physical examination. He has never been able to pass such an exu ina tion, and therefore, has never been able to become a member of the pension fund. s. For reasons which would appear to be obvious, we do not care to Aiscuss at length the physical condition of these men, but we have the doctor's report, and would be glad to discuss them .personally with any Councilman in the event you desire more information along this line. We were somewhat at aw loss to determine why Mr. Essex who served a good many yearn as a. faithful and efficient officer on the South Bend police department, should object to these men who are entitled to participate in the pension fund, from doing so. The records of the Pension Fund disclose that during the service of Mr. Essex on the Police Department he paid into the pension fund not to exceed. $650.00. Since his retirement on February lst, 1932, he has received from the Pension Fund an excess of $9200.00. 'FTe co not see why he should object to other men who have served on the department, receiving; the same benefits from the Pension Fund as he is now receiving and has received during the past several years. GNB:L Very truly yours, BOARD OF PUBLIC WORKS & SAFETY By Geo. N. Beamer Harry S. Dry Clyde E. Williams Councilman Heideman made 'a motion that the communication be placed on file. Councilman Richards( seconded the motion. Motion carried, 7 - eyes, 1 - nay (Bishop) - 1 absent. C 0!,R TUN I CAT I ON TO THE SOUTH BEND CITY COUNCIL Be it resolved that the city council of South Bend investigate the proposed reduction of schedul( of the city street car lines and the city bus routes operated by the Northern Indiana Street Railway Company in the City of South Bend. Be it further resolved that this Fifth District Civic Club Jo down on record as protesting any decrease in passenger service on either the buss routes or the street railway surfa.et lines. Be it further resolved that the City Council be asked to appoint a coTmittee to investigate the services rendered by this carrier. The proposed schedule reduction, and the real cause for this reduction. We the undersigned organization feel that the service rendered at the present time is inadeouatel and obsolete, and that a schedule reduction eliminating runs will cause a hardship on the patron) depending on this form of transportation. This resolution adopted by a. unanimous vote the seventh, day of October 1939. COMMUNICATION City council. 'South Bend, Ind. Dear Sirs: THE FIFTH .DISTRICT CIVIC AND DEMOCRATIC CLUB U_ K. Kroger, Pres. Oct.6th, 1939 t We the undersigned with to protest aEainst a. change in the time schedule of the street cars and busses in South Bend. '1Ve feel that the service now is inadequate at times, and that a. change to 20 minute service would cause ati great inconvenience and loss of time to the entire community. Mrs. Lewis J. Murphy A. C. Welsheimer 0. S. McM ann Ernest Nelson Henry Weber COMMUNICATION Mr. John McCarthy 212 Napoleon Blvd. South Bend, Ind. Dear Sir: J. W. Scherer Leo Chelminia k Naomi G. Kiel C. 0. Goyer Carolyn '.Veber Respectfully, Elsie Howells earl C. Howells Jessie Nelson Mary Day Eula McMa.nn 3114 Mish. Ave. October 6, 139 Lisle T. McNabb Betty McNabb Pauline Mitchell Annie Howells The River Park Business Mens Association hove requested me as secretary to tender you the follo� ing resolution: That whereas we as business men of River Park we bre constantly receiving complaints from the citizens. of this section about the lone waits between busses; we earnestly urge the council to use their influence, that the busses be run at shorter intervals. COMYUNI C AT I ON INTERNATION UNION', Stude South Miss Marie Nelson, City Clerk South Bend, Ind. Yours for a better South Bend, Dr. G. H. Fross , Secretary UNITED AUTOMOBILE ' ORTERS OF AMERICA barker Local No. 5 Bend, Indiana October 9, 1939 [:9 158 Dear Miss Nelson: Enclosed is a copy of a resolution which the members of Studebaker Local #5, I.U.U.A.W.A.- C.I.O. wish to have read before the South Bend City Council at the Council meeting Oct. 9, 1939. Thanking you, we remain Yours very truly, R1+ S: es ( Signed) R. E. Shattuck, Fin. Sec., Eno: Studebaker Local #5 RESOLUTION WHEREAS: The South Bend and Northern Indiana. Railway Company has ordered a decrease of eleven "runs" in theSouth Bend street car service, and WHEREAS: This action will, without a doubt, deprive South Bend citizens of adequate street car service and will be the cause of much inconvenience and confusion to these same citizens, and WHEREAS: This action has been found to be largely retaliatory - - the result of an arbitration order refunding back salaries to employees of the street care company, and WHEREAS: This action will work considerable hardship on street car employees, resulting in a boss of income to them all d consequently, a corresponding loss to South Bend business, and WHEREAS; `The hardships that the winter season have upon the citizens surely will not be light- ened by the cut in transportation service, therefore, be it RESOLVED: --That Studebaker Local #5 go on record as condemning this unjust and vengeful action by the South Bend and Nathern Indiana Railway Co., and be it further RE9OLVE1: That the Secretary of Studebaker Local 15 send: copies of this resolution to the mayor council members, the South Bend and Northern Indiana Railway Co. and to the press; and that the Secretary ask them ( the mayor and members of the council) to act, not only to restore this decrease. in service, but rather to increase this street car service and not put South Bend transportation back twenty years. OCT. ?, 1939. (Signed) Wm. J. Richardson Member of the Common Qouncil Councilman Hull made a motion that the present schedule of street car a,;nd bus tra-nsportGtion be continued without change for a period of the next thirty days. In the meantime, officials of the city and railway company. are to meet and act on the matter end to refer same to Council at a later date. (Motion to R. R. Smith, Receiver northern Indiana Railway, Inc; copy to Al W. Johannes, Atty.'; October '10; 1939) Motion carried. REMONSTRANCE September 23, 1939 To the Honorable Common Council of the City of South Bend and the City Plan Commission of South Bend Gentlemen: On behalf of all the citizens who are interested in protecting the beautiful North Michigan Street entrance to..our City we, the undersigned property owners, citizens and voters, respect- fully petition you to refuse to grant the request fora change of zoning for Lots 23, 24, 25 and 26 in Leeper's 2nd Addition to the City of South Bend.. We believe that a change to Commercial zoning will result in the elimination of one of South Bend's assets and will be damaging to property in the vicinity. Respectfully submitted, (33 signers) REMONSTRANCE STATE OF INDIANA ) SS, ST. JOSEPH COUNTY ) PROPERTY OWNTRS' i ROTEST TO PROPOSED REZONING OF LOTS 23,2415 and 26 in LFE'P7R' S SECOND ADDTTION TO: THE COMMON COUNCIL, OF THE CITY OF SOUTH BEND, INDIANQ- `LO: THE MEMBERS OF THE SOUTH BEND CITY PLAN COMMISSION:- WHEREAS) it has come to the attention of the undersigned property owners of the City of South Bend, St. Joseph County, State of Indianai, that Katie L. Metcalfe and others, who own Lots 23, 241 25 and 26 in Leeper's Second Ads ition, have presented a petition to the Common Council requesting an amendment of the zoning regulations presently affecting said Lots; and '.WHEREAS, Katie L. Metcalfe and others request that Lots 23, 2n,.25 and 26 in Leener's Second Addition be rezoned as to use; height, and area, and request that Lot 26 in Leeper's Second Addition be rezoned as to height and erea; and WHEREAS, said petition of the said Katie L. Metcalfe and others, if granted and approved by the City Plan Commission and the Common Council, would result in Lots 23, 24 and 25 in Leeper.'s Second Addition being changed as to height and area and, as well, allowing said property to be commercially used; and 'THEREAS, the undersigned property owners assert that such proposed change of the zoning regula- tions as concerns the above described Lots in Leeperl s Second Ad.. -A ti on would be detrimental to the property in the vicinity of said Lots sought to be revoned, as well as detrimental to the City of South Bend at lLrge because of the fact that said property, sought to be rezoned for commercial uses, is situate on TXorth Michigan Street, the main entrance artery to the City of South Bend; NO'!) THEREFORE, the undersigned property owners, pursuant to Section 4� -2303 of Burns Indiana Statutes, 1933, constituting more than . tinenty percent (20%) of the owners of frontage directly oxyposite the property proposed to be altered., and. c onstituting the owners of twenty percent (2010) of the remainder of the block in which the proposed alteration is to be made and, finc,!lly, con - stituting other -property owners in the immediate vicinity of the property proposed to be altered do hereby protest, remonstrate and object to the petition of Katie L. Metcalfe and others for change of zoning of Lots 23, 24, 25 and 26 in Leeper' s Second Addition, and to the matters con- tained in said. petition, and do hereby state, assert and affirms that the zoning regulations as now existent with reference to Lots 23, 24, 25 and 26 in Leeper's Second Addition, and to the matters contained in said petition, and do hereby state, assert and affirm that the zoning regulations as now existent with reference to Lots �3, 2E, 25 an,), 26 in Leener's Second Addition should remain unchanged and unmodified. Bated: This 28th day of September, 1939. (29 Signers) Councilman Hull made a motion to place the remonstrances on file. Councilman Xiezgods'i seconder the motion. Motion: c«.rried. REPORT OF THE 0011! PITTEE OF THE :HOLE To the.Common Council of the City of South Bend: 10/9/39 Your Committee of the Whole to whom was referred. an ordinance declaring the making of unnecesG noises upon, near or adjacent to the streets, highways or other public places in the City of South Bend., Indiana, a public nuisance and. providing; penalty therefor. Respectfully report that they have examined the matter and that in their 'opinion this ordinance shall be referred to the Grievance Committee for consideration. Leo M. Jordan, Chairman Councilman Hull made a motion to accept the report. Councilman Bishop seconded the motion. Motion carried. REPORT OF BOARD OF PUBISIC 11ORKS AND SAFETY To the Common Council. - City of South Bend., Ind. Gentlemen: - The Street Commissioner reported on a -�)etiti.on submitted to the Council September 25, 1939, for the improvement of an alley located in the rear of 1608 Sibley Avenue a%.s follows: "This department is of the opinion that it will be impossible to cut the alley eighteen inches in depth and prick -rave it thirty feet we -St of the intersection as was suco:ested. Such a. con - ditioning, we ''believe, will benefit but two property owners as against encumbering; four others. Furthermore, this department is not permitted to pave any alley in any section of to}an uvithout authority dicte.ted to it by the Board of 'n'orks. The Street Department, however, is qualified to grbde the alley and ;out it in such an improved condition as will e.aztiefy equally well all taxpayers along either side of the alley." The Boar. of Public Works and safety recommended that the alley be graded, 'seeping in mind the conveniences to all taxpayers concerned.. ' JPC : EB , Respectfully youra, BO AR!) OF PUBLIC WORKS ANA) SAFETY By - James P. Conboy. . Clerk Councilman Nie7godski made a motion that the report be tabled. Councilman Richardson seconded the motion. Motion carried. REPORT Off' THE CITY PLANT COWUI "SION To the Common Council - City of South Bend., Inc :i�Ana. Oct. 6, 1939 Gentlemen: Petition of Kittie L. Metcalf et.a.l. for change of zoning classification of lots No. 27, 24) 25 and. 26 in Leeper l s 2nd d.d . from r esidence to commercial 7,one was acted u-non by the 71 ty Plan Commission.at their regular meeting Oct. 5, 1939. The City Plan Corrrliscion does not recom�riend the making of this change. Yours truly, B. mnOMAW, Sect. Councilman Hull made a. motion that the Council concur with the recommendation of the City Plan Commission. Oouncilma:n Bishop seconded.. the motion. Motion carried. REPORT OF THE CITY PL= COMMISSION To the Comi -non Council - City of South Bend., Indiana. Oct. 6, 1939 Gentlemen: The City Flan Commission has not yet taken action on the petition of the Inland Bonding Co. , et 6.1. for change of Zoning cl ass ificL.tion of lot KEley's 2n3 . Lincoln Highway Add. Me This action has been delayed at the request of petitioners. Yours truly, D. M-00MA7I, Sect. Councilman Brannon mE-de a motion to place the report on file. Councilman Bishop seconded the motion. Motion curried. COMMIUNICATION Sept. 28th, 1939 To the Honorable Members of the Cot;r,on Council, of the City of South Bend South Bend., Indiana. Honorable Sirs:- Enclosed copies of resolutions eructed by the Lei °i 1ture of the State of Indiana, and the first session of the United States 75th Congress, proclaiming October 11th, 1939, as GENERAL PULASKI'S MEMORIAL DAY. It would be asLropri.ate for the Common Council of the City of South Bend, to adopt similar reso- lution and proclaim October 11th, 1939, as GENERAL PULA. YI'S VEIAOP.IAL DAY in the City of South Bend, Indiana:. Very cordially yours, I. K. 1;FR' *'INS'KI R"� SO LUT 10�, RESCLUTION DIRECTING THE MAYOR TO P tOCL.AIIM OCTOBER 11th, 1939, "GENERAL PULASKI' S 1TE "ORIAL DAY" FOR THE OBSE RVAI�IC�'E rN COT ,'., IVORAiION Off' THE DEATH OF 1351IGA;�IERn CACIaIIIER P�JL«SKI BE IT R 1, OLVED by the Comn -ion Oouncil of the City of South. Bend, Indiana: That the 11th d.ay of October 11th, 1779, is the date in American History of the heroic .Death of Brigadier General Casimier Pulaski - who died fr.orri wounds received on October 9th, 1779, at the Beige of SE,vannah, Georgia; and li,HEREAS, it is fitting that the recurring anniversary of this day be commemorated with a sui t-abl patriotic and public exercises in observing :,.nd coar,z'r,emor&.ting the heroic death of this great American hero of the Revolutionary War;- therefore be it resolved, that the Mayor of the City of South Bend is authorized end directed to issue a oroclEmation calling.: upon people of the Government to display the flag of the United. States on all governmental buildings on October llt 1939, and inviting the people of the City of South Bend to observe the dey in schools,, am churches or other suitable places, with aporrpria :te ceremonies in commemoration of the Death'. of General Casimir Pulaski. GEO. H. HEI- ZHIAN Member of the Oo -ma :on Council Councilman Nie7podski made a. motion, tr }at the resolution be ed.opted. Councilman Jord6n seconded the motion. Motion carried. RESOLUTION RESOLUTION ALLOCA`nING THE SUM OF TWENTY-FIVE THOUSAND ( $25,000..00) FROM THE AMOUNT APP!POPRIAT ED FOR 'A'PA AND PTA IN THE 1.939 BUDGET UNDER ACCOUNT No.H -27, h1P RTT.IEN t OF PUBLIC ''!OAKS TO SPECIAL 7IPA ACCOUNT. BE IT RESOLVED by the-Common Council of the City of South Bend, Indiana.: That the sum of Twenty -five Thousand Dollars 025,000.00) be and. the same is hereby allocated from Account No. H -27, Department of .Public ,1iorks in the 1939 Budget to Special WP.A Account, and that this amount so allocated by the Co�r;x.on Council may be used during the year 1939 for the purchase of materials, labor and other items chargeable to the various City 1PA projects, subject to the approval of the Board of 71orks. The Amount so allocated shall be deducted from the amount of One Hundred Seventy -Five Thousand Dollars ($175,000.00), appropriated in the 1939 Budget under . Account H -27, Department of Public Avorks. 'Wm. J. Richardson Member of the Common Council Councilman Hull made a motion that the resolution be adopted. Councilman Niezgocl_ =ki :seconded the motion. Motion carried - resolution a ,opted.. Councilman dull motioned that the Clerk be directed to notify-the officials of the Northern India•.na Railway ,)ornpanv of the motion carried by the Council that the present servi -ce is to be continued. (10 /10/39) Councilman Nie7godcki seconded the notion. Motion carried., There being; no further business, Councilman Richardson rritde a motion to adjourn. Councilman ITie ,7god -ski seconded the motion. Motion carried - Council a:ajourned at 9 :05 P-11. AT'I 7, 3T : APPR.Oj1ED : CLERK V7 as DrI T