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HomeMy WebLinkAbout08-26-13 Common Council Meeting Minutes REGULAR MEETING AUGUST 26, 2013 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, August 26, 2013 at 7:00 p.m. The meeting was called to order by Council President Derek Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District (Late 7:05 p.m.) rd Valerie Schey 3 District th Fred Ferlic 4 District th Oliver J. Davis 6 District, Vice-President th David Varner 5 District Derek Dieter At-Large, President Gavin Ferlic At-Large Absent: Karen L. White At-Large, Chairperson Committee of the Whole (Excused) OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy Mary Beth Wisniewski Chief Deputy Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the August 12, 2013, meeting of the Council be accepted and placed on file. Councilmember Schey seconded the motion which carried by a voice vote of nine (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 4276-13 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL HONORING THE DISTRICT 11 SOUTH BEND SENIOR LEAGUE GIRL’S SOFTBALL TEAM – THE 2013 ` SOFTBALL WORLD CHAMPIONS Whereas, the South Bend Common Council recognizes that for the past eight (8) seasons, the South Bend Senior League Softball Team has represented USA Central in the World Series; and Whereas, the Common Council further recognizes that on Saturday, August 10, 2013, in Sussex County, Delaware, the District 11 All Stars representing players from all South Bend Schools, New Prairie and Marian High Schools for Central USA and the entire country played in the title game of the Senior Little League Under 16 Softball World Series; and Whereas, the City Council is especially proud to recognize that the District 11 South Bend Senior League Girls’ Softball Team included: # 1 Katlynn Sopczynski # 7 Alyssa Gutierrez # 18 Brook Versmesse # 2 Nichole Kirkpatrick # 9 Veronica Rodriguez # 21 Claire Cwidak # 3 Melissa Hicks # 10 Ashton Woods # 22 Dezaray Watts # 4 Kelsy Keilman # 13 Shannon McCarty # 24 Meghan Sink # 5 Madeline Logsdon # 15 Toree Friedrich Manager Derek Hicks # 6 Hanna Andrysiak # 16 Megan Bonk Coach Matthew Kirkpatrick Coach Jesus Gutierrez 1 REGULAR MEETING AUGUST 26, 2013 This team beat West 3-0 to advance to the World Championship game which was nationally televised on ESPN. The Championship Game pitted the District 11 South Bend Team, representing all of the United States against a team from Milano, Italy, representing Europe and Africa. The teams were tied going into the bottom of the 4th inning, when the hard-work, dedication and talents of our great team were displayed when the District 11 All-Stars scored 4 runs and then held the Italian Team scoreless for the rest of the game and went on to win by a score of 5-1---capturing the World Title!!! , Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indianaas follows: Section I. The Common Council of the City of South Bend, Indiana, is especially proud to 2013 Softball World Champions The District 11 South publicly honor and recognize the – Bend Senior League Girl’s Softball Team !!! congratulates Section II. The Common Council each and every member of this World Championship Team, their Manager Derek Hicks, their coaches, their parents, all of their friends and family members, and all of their many sponsors who supported these academic-softball players in so many ways both on and off the playing fields, so that they could pursue their dream and bring home a much deserved World Championship to South Bend!!! Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. stth s/Tim Scott, 1 District s/Oliver J. Davis, 6 District nd s/Henry Davis, Jr., 2 District s/Derek D. Dieter, At Large rd s/Valerie Schey, 3 District s/Gavin Ferlic, At Large th s/Dr. Fred Ferlic, 4 District s/Karen L. White, At Large th Dr. David Varner, 5 District Kathleen Cekanski-Farrand, Attorney th Attest: Approved this 27 day of August, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember’s Schey and Henry Davis, Jr., made the presentation for this Resolution, by first offering their comments and then reading the Resolution in its entirety and presenting it to the team. A Public Hearing was held on the Resolution at this time. Mayor Pete Buttigieg offered his comments and congratulated the team on their World Championship. Reg. Greg Brown, 1238 Diamond, South Bend, Indiana, congratulated their team on their season. Additionally, Councilmembers, Scott, Dr. Fred Ferlic, Dr. David Varner, Oliver Davis, Gavin Ferlic and Dieter offered comments and congratulated the team on their World Championship. Councilmember Henry Davis made a motion to adopt this Resolution by acclamation. Councilmember Dr. David Varner seconded the motion which carried. ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE KATHRYN ROOS CHIEF OF STAFF REPORTS OF CITY OFFICES Mayor Pete Buttigieg thanked the Council for this opportunity to come before the Council and give an update on the administration at a formal setting and was glad to hear from Council 2 REGULAR MEETING AUGUST 26, 2013 President Dieter that they were going to restore Reports of City Offices and looks forward to having that back on the agenda. This is a great way to bolster communication between the Council and the Administration, and appreciate all the efforts that are going on in that regard. A st few recent things that updated the Council on in the City. First of all on Saturday, we had our 1 City of South Bend Employee Picnic. It was a great day to have it, because if you opened the paper, on Saturday, you saw that there were a couple of letters to the Editor thanking the normally thankless tasks of the Water Works and well as the Police and Fire Departments for different things that they have done benefitting citizens and businesses in our community. So, it was nice to be able to say thank you to our many city employees by holding that event at Coveleski Stadium. He thanked the Parks & Recreation Department as well as the South Bend Silverhawks for making that possible and hoped to continue to do that from year to year because it is a great way to get city team together. He stated that he was somewhat surprised that no Councilmember’s lined up at the dunk tank opportunity. I can tell you that there was unexpectedly deadly aim and upper arm strength in some of the children of our city employees. He stated that they managed to put him in the dunk tank about 10 – 20 times, but it was all for United Way and all in good fun. If you would like to get him wet, he will extend that invitation next year as well. He stated that he believes Councilmember’s would be more than gracious to take their place in the dunk tank. He stated that he had a meeting last week of the Anti-Violence rd Commission, it was the 3 meeting of the commission, open to the public and an opportunity for those members of the commission who participated in a training at John Jay College of Criminal Justice in New York to share some of the findings and lessons that they learned with the commission. He stated that Councilmember White who is the Council Representative on the Commission is interested in created a more detailed opportunity for us, and could not be here tonight, but want for us to give an update to the Council since the Council has an interest and looking for a way to do that maybe in a committee meeting to come. But just by way of a quick report, that Council which is chaired by Police Chief Teachman and Rev. Eddie Miller has continued to develop the group violence reduction strategy after the pattern of what has been applied in a number of cities through the national network for safe communities. He wanted to stress that routine law enforcement of course is continuing, this is a way to bring a focus strategy following social network analysis of the gang’s and groups most likely to be involved in violence and targeting our resources there. For those most interested in the strategy, he urged to familiarize themselves with the book “Don’t Shoot” which documents a lot of it and the history and strategy and the development of that strategy. He thanked the different community st institutions that have come together to help us bring in some technical support in that 1 stage of the strategy, which include Memorial Hospital, St. Joe Regional Medical Center, the African- American Community Foundation, Notre Dame and the Community Foundation of St. Joseph County. Another important piece of news was the introduction of the Open Data Portal. A big part of how we are trying to advance transparency in South Bend with help of Socrata, a data software company which provides us with our data software for the City and the Code for America fellows who are about half-way through their engagement. He stated that they rolled out data about southbendin.gov He stated that hopefully everyone has had the chance if not he st encouraged everyone to spend some time on the website it’s the very 1 version, it’s 1.0, so right now it has twelve (12) data sets and ten (10) GIS Maps, but that could go up by a factor of 10 and we hope it will. There is an option on the website for members of the public to suggest other data sets that they think would be a good idea. Needless to say, Councilmember’s will have added insight on some data sets that will be productive to put on line. Another goal among other things is to reduce the expense and effort associated with Access to Public Records Requests because so much more of the information is just out there for citizens and journalists to get on their own before they even have to come into our legal department requesting data, so we hope to add more and more information to that. Also, the Council is aware of this but wanted to stress the importance of tomorrow’s public meeting with the EPA that they are going to hold concerning Beck’s Lake. They have been testing and doing some evaluation of the area. He stated that he had asked them to come in earlier this summer to show what they knew so far, but they indicated what they were testing wouldn’t be done until August. So now that August has come we are glad that they are back to reveal to us what they have found and what steps we might need to take to be sure that we are being responsible in terms of environmental and safety concerns and he stated that he will be there as well listening to their presentation at 4:00 p.m. tomorrow at the Charles Black Center. A number of members of the committee were able to be there for the initial presentation on the budget August 14, 2013 focusing on job creation and cutting overall spending by 3.4% while funding our key priorities, re-measuring our streets, 3 REGULAR MEETING AUGUST 26, 2013 balancing the general, maintaining our cash reserves and hope to preserve our best in state bond nd rating. The best of any 2 class City in the State of Indiana. A difficult balance and he commended our team for the work that they have done to get that initial view of the budget out. Even as we continue to work with members of the Council within the Administration to refine and improve that budget as it moves toward the deadline for passage in October. Another presentation that got a lot of attention and stirred some very interesting commentary on how to have a vibrant downtown and the opportunity to re-think our streetscapes. Probably the most important element to that was the data and analysis that was shared by Ian Lockwood who is regarded by many as the World’s Top Thinker about transportation issues when it comes to downtown areas in one-way; two-way conversions. He gave a presentation at the Century Center, and just wanted to make sure since not everybody was able to attend that presentation. He wanted to make sure that it is known that the full video of that presentation is on-line on the City of South Bend website and strongly encourage anybody who is interested in some of the facts and research surrounding that opportunity and would take the time to view that presentation and see what they had to say. Lastly, he stressed and hopefully there will be an opportunities for fiscal officers to speak, but there was a very important mid-year budget transfer coming up this evening. This is something that was delayed once in the past so that the Councilmember’s could spend more time with the information that was given to them. It was first submitted on July 17, stnd 2013 for 1 Reading on July 22, 2013 and scheduled for 2 Reading and Public Hearing and sent th to committee on August 7, 2013 and then continued to August 12 so that more information th could be given on the mid-year budget transfer. It now being the 26 of August he was a little concerned that some may wonder how mid-year the mid-year transfer is going to be, if it doesn’t get action today. He stated that he appreciated that there is a lot of information in it but also know that Councilmember’s have been committed to doing their homework and reviewing the data that has been brought before them and look forward to sharing any information needed. He stated that they made sure that some of the fiscal officers are here tonight to share any information that might be helpful to Councilmember’s ahead of taking action. Councilmember Schey asked about the anti-violence work that Chief Teachman is working on, one update that would be helpful would be also this afternoon Chief Teachman met with the Council to talk about the new chronic nuisance ordinance person. Have there been any re- alignments in the police department in terms of what she understands as a burglary unit, and provide an update, if there has been re-alignment of duties in the police department would be helpful. Mayor Buttigieg asked if she was asking with specific regard to the anti-violence strategy or in general whether there have been re-alignments. He stated that he can get with Chief Teachman and try to generate an update. Councilmember Henry Davis stated that he would like to be in the dunk tank next year at the employee picnic. On a more serious matter, he is paying attention to what is happening with the budget and how the administration is trying to balance and operate more efficiently and with obviously less and that has been the moniker of what government should be and everyone wants to operate like a business, not that is a bad thing, because sometimes government is a circus and sometimes you are going to end up in the red. This is just a part of it, but one thing that I am looking at because of the way that it is being done and I’m not in total agreement with it. We probably need to start looking obviously several years down the line as it relates to how much money we are bringing in property taxes. We are obviously on an aggressive vacant & abandoned plan that calls for a number of demolitions that call for a higher rate on this coming week. Given those elements, I think that the conversation now needs to turn into de-TIF. I think that if we being to de-TIF we can begin to correct a lot of things that are going on. I don’t like to see more people in the unemployment line, I don’t want to see more people not being able to feed their families, I don’t want to see more people just be unemployed and because folks are unemployed and we already have a high unemployment rate, I think it only makes sense to look at de-TIFing for a number of reasons but reasons such as the school corporation needs money, they always say that they are broke. They probable are, I don’t look at their budget, however, what I do know is that teachers have not received a raise in over 5 to 6 years, so that would constitute more dollars in their till. Our libraries, we end up having a war of words, protests, etc. to make sure certain branches stayed open, and still those branches have really shaky hours. So, if we begin to de-tif, we can save the employee base of the City of South Bend. I am talking 4 REGULAR MEETING AUGUST 26, 2013 about the city employees that we support. But not only that, other entities will be able to gain a strong hold on the increase of dollars, the infusion of dollars. Now I’m not saying doing in an irresponsible way, I understand a certain percentage would go to the school corporation, a certain percentage go to the libraries, city etc. But what I am saying is that because of over 40% of our city gets locked up in TIF districts, chances are we might be able to rebound at a higher rate and a faster rate because of that by de-tiffing we can stretch the Airport TIF District all over the city. Clearly this is hurting us, it is not working for us, it is hurting us, and the people make the bigger gain off of it is the developers that usually don’t live here. So we have to re-think the way we are doing stuff. De-tiffing is the way to go and we will be talking more about this. We have to return the money to the taxpayers. Mayor Buttigieg stated that he certainly welcomes the opportunity to have a discussion when it is appropriate to retire a TIF. He stated that he does think that it is important to have public understanding, he was sure that the Council understands, but some people might not be aware because they hear statistics that 40% of South Bend is in a TIF and they think that means that 40% of our assessed value is being diverted into TIF. It is really closer to 10%, some folks don’t follow it as closely as we do might not be aware of that and he wanted to make sure that was understood. There is certainly an attraction to retiring TIF’s that have out lived their usefulness. Because it can free up resources for schools and libraries. The city according to the last estimate he heard would only see about 40 cents on the dollar so, it is also the case that the overall city incoming resources would shrink if we were to do that. But of course it would remain in the community going through our libraries and schools. He stated that his view on TIF is that it is the most flexible and powerful job creation resource that we have. Most of the ten plus million dollars in private investment and hundreds of jobs that have been announced this year for example through the work of the Department of Community Investment have been connected to projects that have been backed with TIF dollars. Those they are certainly being put to use, in order to create jobs. That’s why we have them, but I certainly welcome the idea. Councilmember Henry Davis stated that he challenges the Mayor on that. The numbers don’t lie, we are at a 12% unemployment rate, we have been since early spring and it continues to do this (he raises his hand up) so we have to look at what is going on. Mayor Buttigieg reiterated that the job creation that has taken place has been associated with TIF backed investments in many cases. Certainly open to a dialogue on what the right level is and whether we should set some kind of target. That we shouldn’t go above or below on how much of our assessed valuation is reserved for TIF. But he hoped that we don’t deny ourselves as a City the effectiveness and flexibility that comes with TIF as a job creation tool. He welcomed that dialogue. Councilmember Scott stated that this is more of a comment than really a true question. He stated st that the Mayor did shake up the 1 District with the announcement of two-ways streets proposal. Especially, with Leeper Park, the one thing that has happened in the conversations that I have st had with 1 District members is more of not understanding, so I am glad that you guys put up on the website the whole presentation and I hope that there is opportunity to present to us again a st new meeting but also to the public working with Scott on trying to do something in the 1 as well. Seek to understand, I know that it is a complicated subject matter. He stated that he definitely would like to see financials on how this is going to roll out, if it is going to roll out, and what the proposal is financially. So, I look forward to more information on the two-way street program, I think it is essential to downtown and outer-lying areas, but we all need to understand that it is not an easy solution, it is a complicated matter that we all need to address. Council President Dieter asked how much time was left. Councilmember Scott stated 2 minutes. Council President Dieter stated that his questions are much more in depth. He thanked the Mayor, and reminded the Council that if they have questions and want dialogue with the Mayor you may contact him 24/7. Mayor Buttigieg stated call his cell phone. 5 REGULAR MEETING AUGUST 26, 2013 Council President Dieter stated that they will get on task once the budget is over for the Officers of the Council to meet with the Mayor more regularly. He thanked everyone for their input. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:33 p.m. Councilmember Schey made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis, Vice-President, presiding. Councilmember Oliver Davis, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Oliver Davis stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 33-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee reported that this committee met this afternoon and recommended to continue this substitute bill until November 11, 2013. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mark Neal during the past 4 or 5 years it has been a practice of the City to request department heads, fiscal staff, and city administration to submit mid-year adjustments as we do an extensive review for our budgets in compliance with the adopted city budget and proposed necessary adjustments. We have submitted an amended version of Bill No. 33-13 having added some budget transfers within the parks department to cover the Park’s Master Plan as well as to pay half the cost of a Zoo Master Plan. It is necessary to move those efforts forward in the Parks Master Plan case looking at a parks bond in the future and for the Zoo Master Plan as part of its AZA Accreditation. As you look through the list that they provided he noted that it is rather lengthy for which he apologized, however, they had asked for an extensive review and do the same thing at the end of the year to make sure that they are fully in compliance with the statutory requirements and ordinance requirements of the city. He noted that many of the adjustments that you see in this transfer reflect the change in our fixed asset policy, in which fixed assets the minimum level of fixed assets has been increased so consequently those things that would have normally been budgeted to go through fixed assets are now going through a services or goods category, an equipment category, and therefore there are a number of transfers that talk about budget transfers from capital accounts to other purchases accounts. There are a number of other transfers that have been put forth based upon the department heads review again making determinations of what the priorities are of the city. What are the issues that they are confronted with and what they need to resolve and so they make those difficult decisions as department leaders to determine what monies they will not spend for certain things that they can in fact take care of all matters that have been deemed appropriate. 6 REGULAR MEETING AUGUST 26, 2013 Councilmember Schey reiterated what she had said earlier that her main concern is this creates what could be perceived as a lack of transparency in spending. For an example when these budget transfers come before us identifying areas where there are budget surpluses and budget shortfalls there are situations where the first line item here for example for $70,000 for some of these consulting and professional services like the AECOM Century Center study, these sorts of things I think should probably deserve a little bit more discussion before they appear on a budget transfer bill, so my issue with this bill is less the process of budget transfers and what might be perceived as a lack of transparency with some of these expenses. Mark Neal stated that they are working extremely hard to be transparent with these requests. We would be happy to have a conversation on any of these items when they do come up. We perhaps to our detriment we try to put in as much detail as possible knowing that it would raise questions which they are happy to address in terms of the decisions that department are making in terms of their use of resources. He apologizes for not seeing it in that fashion and we will endeavor to make sure that we are as transparent as we can be. Councilmember Varner wanted clarification as to one of the bond issues, the one was related to support for a master plan which was going to have a partial match from the Zoological Society, the second was potential spending for a potential bond issue and could you give some more detail on that. Mark Neal advised that there are two (2) master plans; there is an overall Parks Master Plan, which we would be very community driving exercise and would take approximately six (6) months to review all the park assets to get input from the community, to get input from the Council and other concerned individuals about our parks in the future. That Master Plan becomes a blue-print as we go forward in making capital decisions including the spending of any bonds money. Separately we have put in a transfer request to provide what they estimate to be half the cost of Zoo Master Plan and that Zoo Master Plan is critical as part of the AZA Accreditation but more importantly to make sure that we are providing a public asset that is what we hope to be the best that it can be in our community as a professional zoo. Councilmember Varner asked if the reference to the bond issue then was a passing reference to a potential bond issue not set aside for money. Mark Neal stated that the Park Master Plan because that would be an essential part to a bond and a part of the 2014 budget that we have a parks bond in there. Council President Dieter asked if he knew the last time they had a park plan. Phil might be able to answer that one. Phil St. Clair, Superintendent, Park Department, 321 E. Walter Street, South Bend, Indiana, stated that it was five (5) years ago. Council President Dieter stated that it kind of follows up that we were talking about this earlier of from 5 year plan five years ago it is immediately getting a bang for the buck of doing these studies and commissions, I will send something to the Mayor and the Chief of Staff in the wake of the parameters that we use for that and again we from my knowledge on the Council we have never developed basically a spreadsheet that we are doing all these studies and paid all this money what did we get out of it. And again, I think that was some of Valerie’s frustration of these things being put in there and again the transfers are not new allocations of money, but they are transfers and they kind of different match to that extent. So, I want to get with you later on that thing, because I think that is one of the confusing questions and or answers that we are looking at these studies and why was it lumped in with this, I think it was a transfer and all that, but that is a whole different subject and we will do that later. But that was my question, we are doing a five year plan every year and we are spending all this money why, why are we adopting to what the plan was before, because we are going to do another plan. So, if we are doing it just for the sake of an exercise I think that is a huge waste of money. If we are going to do it, then let’s adhere to what the plan is and go from there. 7 REGULAR MEETING AUGUST 26, 2013 Councilmember Henry Davis stated that he wanted to recognize the fact that he is a strong supporter of the Zoological Society and what they bring to the table. I offered a resolution and obviously it was passed by acclamation from the Council, so I don’t want it to make it seem like I’m not in support. So after Oliver finishes his comments I would like to offer a recommendation. Councilmember Oliver Davis asked to share the rationale of why you lumped the zoo with this part because of the fact that we have been having separate meetings to discuss those kinds of matters with the Zoo and now this has kind of caught us in terms of curve ball that was thrown at us. I just wanted to have that explained. Mark Neal advised that he takes personal responsibility for having it put in as a budget transfer rather than as an appropriation and when we submitted it, we did try to highlight it. The reason for that was in an effort to be good fiscal stewards rather than appropriating new monies or additional monies, we said let’s take a look at our budget, where might we have resources that we don’t believe we are going to use this year or not going to spend or are going to make a decision not to spend in order to fund this important Parks Master Plan and Zoo Master Plan out of existing resources rather than additional resources. That was truly the only reason that we did it through a transfer rather than through appropriations, just trying to use existing resources. Councilmember Schey asked in terms of the Park Master Plan 2 years ago, 3 years ago in 2010, the Council had approved a $250,000 Plan for Miracle Park, how does that relate to this plan and where is that money today? Mark Neal stated that a good deal of that money was not spent; it was unspent money that was returned back to the parks fund. Park Superintendent Phil St. Clair can give you a longer answer to the activity regarding Miracle Park. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Phil St. Clair, Superintendent, Park Department, 321 E. Walter Street, South Bend, Indiana, advised that they did ask the Council for a $200,000 appropriation in the summer of 2011 as a part of their Master Plan, one of the things that we have done is we have been looking at access for all kids in our parks. It started off with a project at Potawatomi that we were very fortunate to get funded through the St. Joseph Community Foundation, the Kellogg Foundation and have been working with District 11 Little League also with regarding to finding a location for them and for Miracle Field and where we have been up-to-date with our studies, we have put a feasibility study together but we have to do now is we have to lock down the actual property. Once we’ve establish the property and we are working on that internally, but once we have established the property we are going to go ahead and finish the plan and that point in time we will be ready to move forward. But we still right now need to find land and that’s been our major stumbling block. So we are working on that and hope to have some answers to the Council very soon. That’s where we are at. I think that the good thing about the studies that we have had a lot of folks involved in the process met with a lot of different folks from different agencies that have given us great feedback on the type of field the type of park you are looking at, so we got some good information we just need to get some land. Councilmember Schey of that $200,000 a good portion of that is still remaining? Mr. St. Clair stated that again a lot of the studies have been done and the means have been done but I wasn’t prepared to discuss that tonight, but I think that we have spent about $115,000 of that $200,000 we won’t spend any more until we have land, but what we need to spend from this point on has to be spent after we’ve identified land and finish committing to the project. Councilmember Varner: I guess my request would be in the way that it is handled if and when you identify some property before you spend the rest of that money you come back and identify it rather than spend the rest of it and then come back and say that we spent $200,000. Because I know that there are going to be some discussions about it. 8 REGULAR MEETING AUGUST 26, 2013 Mr. St. Clair stated that he would be thrilled to come back to the Council once the land has been identified. Councilmember Varner: I don’t doubt that. I think that it is important that it be handled that way rather than after the fact. Councilmember Oliver Davis stated that is what he was saying that because when it comes to park issues these kinds of things are active issues that they would like to be a part of. Typically transfer has already been done kind of attitude. The following individuals spoke in favor of this bill: Phil St. Clair, Superintendent, Park Department, 321 E. Walter Street, South Bend, Indiana, spoke in favor of the bill. He stated that these master plans are their road map on how they move forward for five years. We have been doing master plans since I have been in this position, 20 years ago we did a master plan and we wanted to build a softball complex, and we have since generated 12 million dollars in economic impact and have had three (3) Olympic Teams out there, we’ve had the Big East Tournaments out there, and we have had some of the best softball players in the World play out there. We are also looking to put in a bid for the International Softball Congress World Championships in two years, a 3 million dollar economic impact for one tournament. But these things are all initiated through the master plans. We sit down with staff and also sit down with the community We have a public meeting in each district and would be thrilled for each Councilmember would attend these sessions because it is a great opportunity to weigh in your thoughts with regarding the parks as well as your constituents thoughts and we take all that information as well as the in-house issues that we know going on with parks and try to put together a five year plan, an action plan that will help us move forward and address those issues. Obviously what we put in our action plan is contingent upon funding as so when the funding is available we proceed with the plan. If the funding is not available in some of these things they don’t get finished. With regard to the Zoo Master Plan, it is an important component with our application for accreditation with the AZA. I can’t state enough the importance of being prepared for our AZA inspection next year. I think the staff has done a marvelous job with limited resources and keeping the overall infrastructure of the zoo in great shape. There will be a few things that we will need to do to button up before inspection, but I think overall we are not doing too badly. What we lack right now and addressing that right now in leadership positions and the strategic master plan. The Zoological Society has been very gracious and offered to pay for 50% of the master plan. We hope it doesn’t cost $100,000 for the whole plan, but it could. By being able to have a partner to help us fund this master plan is certainly a benefit to the Park Department and a benefit to the Zoo. We need this component to move forward as part of our AZA Accreditation for next year. As I mentioned earlier today, that if we would lose that, and I’m suggesting that we are, but if we did, we could potentially lose about half or more of our animal population at the zoo. I just wanted to point out the importance of the master plans and as I mentioned earlier about 4 to 6 months in length to get these things done, both of them, and obviously for us the sooner we can start the better. David Nufer, 16660 Norwich Dr. Granger, Indiana, advised that he is present tonight as a member of the Potawatomi Zoological Society and an Executive Board Member of that organization. At the meeting that they had about 10 days ago, the Board did not vote on appropriating the money but the talk was very, very positive and after the City Council appropriates the money we will definitely take a vote and move forward with that. Phil was right it take about 4 to 6 months to complete that project. The Council has heard many, many times over the years and I was a part of a couple of meetings when the accreditation issue was brought up many times, the Council working with the City Administration on the best position work toward our advantage the interview process is taking place as we speak, hope they have a vet hired in the next 2 to 4 weeks. I think that it is very, very important that this plan is put in place for it. I hope that the Council recognizes that the entire bill is important to the administration and hope that you support that. Cecil Eastman, I’m happy that President Dieter actually has a cushion on the back of his chair in which he can rest his head, the rest of you will just have to bear with me while I talk accounting for a few minutes. I’m talking strictly the budget transfers. I’m aware the budget transfers have 9 REGULAR MEETING AUGUST 26, 2013 other subjects in them such as the zoo and parks and the AECOM issue. Budget transfers are simply a mid-year correction in the way the numbers appear properly on the page. We are not asking for any more money, all we are trying to do is make sure that the actually expenditures that we have placed in the proper accounts actually have the proper budget dollars show up with them. There are two advantages to this, first of all, in 2013; this allows us to track properly what we actually have in our accounts. When you folks here the question: “Is it in the budget” I get the sense that you are thinking in a macro term: “does South Bend have this in its budget”? If someone asks me as a fiscal officer if it’s in the budget, they are asking me about a 14 digit number and asking me about that specific account and they want to know does that account have money it to pay for the pencil that I need to buy. Those are the adjustments we are trying to cover right now, that’s pretty much it. Yes, some of the numbers are big; some of the adjustments have to be made that are pretty large. I would for one take full responsibility for the capital assets adjustments. I’m the one that did the financial analysis to show that our assets calculations were too low. So we are doing a bunch of adjustments to kick the budget out of capital and put it into the small equipment where it belongs. It doesn’t cost anybody a dime; it’s just a correction to make it look pretty. Now the other advantage, I mentioned in 2013, the advantage in 2014 is we will now have correct numbers to look on as we continue to develop the budget for 2014 and then when we are in 2014 looking back we can correctly see what did we do and how do our budgets compare to that. So again, it’s simply a correction to make everything balance out nicely; it doesn’t cost us a dime. The following individual spoke in opposition to this bill: Jesse Davis, P. O. Box 10205 South Bend, Indiana, I would like to say I’m one who is against taking money and throwing it somewhere and hoping that it lands in the right place, so I want to applaud the Councilmember’s who said hey we want more transparency. I use that word frequently and I have to agree that there is very little transparency on the dollars that move from one account to another. When you are talking about taking money from Century Center fund and moving it somewhere else, the Century Center is losing money every year, so someone is going to be looking at Century Center needs a million dollars and they are taking a quarter of million dollars and moving it from here to here. So I think tracking this money is very important, transparency is very important. We don’t see much of that within the city and we don’t get to see all the numbers that you get to see. So we have to depend on what we can dig up on the internet and maybe happen to get from our Councilmember’s or from this new data site. That is a good site to look up. Councilmember Schey stated that in my old job I worked for IBM and there was this pattern that we saw when companies at the eleventh hour in December when companies had surpluses in their budget, our phones would be ringing off the hook, because departments wanted to spend their money “use it or lose it” was the old saying and I know in my job in sales at IBM I would be working late on New Year’s Eve to make sure that I inked all the deals before the year was over so that all of those dollars that department heads wanted to spend before they lost it to the new year’s budget that we were able to be the beneficiary of that. So now I am on the other side of things and I want to be very responsible and mindful of that type of behavior, I’m not saying that it does or doesn’t happen, from my position on the Council and my position of oversight and good fiscal stewardship, I want to make sure that we are being very responsible with how we budget. Certainly in December if we see another budget transfer bill that comes before us with all of these, I don’t know what department heads might or might not buy in December, trust me in December, I will be looking at that budget transfer bill very closely. But my concern here is that we see substantial amounts of money moving from one account to another account and that could be an indication of departments that might be potentially over budgeting which is something we are going through in preparing the 2014 budget. Then conveniently having these budget surpluses in their accounts mid-year to transfer and move around to cover expenses that were either unforeseen or just maybe something that a particular individual wanted to do and then conveniently found money in an account. My hesitancy in supporting this bill is I do not like how that creates a lack of transparency in our spending patterns. I hope that makes sense and tried to provide some analogies that there in lye’s my concern, not with 34-13 or 35-13 those bills have been very well explained and I will be supporting those bills when they come before us in a couple of minutes. I have some real concerns with 33-13 and you know the budget surpluses and how these funds are moved from one account to another. So that’s my comment. 10 REGULAR MEETING AUGUST 26, 2013 Councilmember Davis stated that he wished these were two separate transfers, that are all that I would have asked. There being no one else present wishing to speak to the Council either in favor or in opposition to the Council. Councilmember Henry Davis made a motion to strike everything in Bill 33-13 outside of the Park requests. No second on the motion. The motion dies. Councilmember Gavin Ferlic made a motion for favorable recommendation to full Council as amended. Councilmember Dr. Fred Ferlic seconded the motion which carried by a roll call vote of six (6) ayes and two (2) nays (Councilmember’s Henry Davis, Jr. and Schey.) BILL NO. 34-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $124,256 FROM GENERAL FUND (#101), $35,000 FROM PARKS & RECREATION FUND (#201), $110,000 FROM MOTOR VEHICLE HIGHWAY FUND (#202), $10,752 FROM GIFT, DONATION, BEQUEST FUND (#217), $1,665,000 FROM EMS CAPITAL IMPROVEMENT FUND (#288), $500 FROM HAZMAT FUND (#289), $40,460 FROM INDIANA RIVER RESCUE FUND (#291), $184,502 FROM COUNTY OPTION INCOME TAX FUND (#404), AND $60,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and send it to the full Council with a favorable recommendation. Councilmember Scott made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Neal advised that the Council passed the City’s 2013 operating and capital budgets in 2012 which included expenditures for various City operations. He stated that now it is necessary to appropriate additional funds for operation and capital expenditures necessary for the City to effect provisions of services to its citizens which were not anticipated at the time the City budget was adopted. Mr. Neal noted that the substitute bill reflects the decrease in the EMS Capital Improvement Fund #288 from $1,665,000 to $1,474,714. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. 11 REGULAR MEETING AUGUST 26, 2013 BILL NO. 35-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $82,000 FROM SOLID WASTE FUND (#610), $180,000 FROM SOLID WASTE DEPRECIATIONS FUND (#611), $739,667 FROM WATER WORKS BOND CAPITAL FUND (#623), $336,502 FROM SEWAGE WORKS GENERAL FUND (#641) $274,502 FROM SEWAGE WORKS CAPITAL FUND (#642), $1,080,895 FROM SEWAGE WORKS SINKING FUND (#649), $2,438,088 FROM SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653), $81,065 FROM 2013 SEWER REFUNDING BOND FUND (#664) AND $611,752 FROM CENTURY CENTER OPERATING FUND (#670) Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and send it to the full Council with a favorable recommendation. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Neal advised that the Council passed the City’s 2013 operating and capital budgets in 2012 which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 41-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $246,770 FROM CENTURY CENTER CAPITAL FUND (#671) Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and send it to the full Council with a favorable recommendation. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. 12 REGULAR MEETING AUGUST 26, 2013 Mr. Neal advised that the Council passed the City’s 2013 operating and capital budgets in 2012, which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds of $246,770 in the Century Center Capital Fund (#671) to purchase critical items for food and beverage operations and kitchen repairs at the facility as identified by SMG Corporation. He stated that the funding is provided by a capital contribution of $575,000 from SMG. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 42-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $6,074,038 FROM EMS CAPITAL IMPROVEMENT FUND (#288) Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and send it to the full Council with a favorable recommendation. Councilmember Scott made a motion to hear the substitute version of this bill. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, and Chief Stephen Cox, South Bend Fire Department, 1222 S. Michigan, South Bend, Indiana, made the presentation for this bill. They advised that this bill would appropriate funds from the EMS Capital Improvement Fund (#288) for the construction of a Fire Department training tower, fire station and the purchase of other equipment. The expenditures will be paid for by a combination of cash reserves in the fund and a reimbursement from bond proceeds. They advised that the substitute bill reduces the amount from $6,074,038 to $5,022,182. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individual spoke in opposition to the bill: Rev Greg Brown, 1238 Diamond, South Bend, Indiana, wondered when you downsize the amount of a bill, where does the extra money go. He urged the city to use local contractors for the construction. Mark Neal advised that it is not extra money; it is just that the project amount of the project was reduced. BILL NO. 40-13 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 14-56 OF CHAPTER 14, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TEMPORARY RESIDENTIAL ONE-DAY CONDITIONAL USE PARKING PERMIT PROCEDURES AND FEES AND SEASONAL CONDITIONAL USE LAWN PARKING PERMIT 13 REGULAR MEETING AUGUST 26, 2013 Councilmember Dieter made a motion to continue this bill until the September 9, 2013 meeting of the Council. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Scott made a motion to rise and report to full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:20 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10246A-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013 This bill had third reading. Councilmember Scott made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Gavin Ferlic made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes (Councilmember’s Scott, Dr. Fred Ferlic, Oliver Davis, Dr. David Varner, Gavin Ferlic, Dieter) and two (2) nays (Councilmember’s Henry Davis, Jr. and Schey) ORDINANCE NO. 10247-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $124,256 FROM GENERAL FUND (#101), $35,000 FROM PARKS & RECREATION FUND (#201), $110,000 FROM MOTOR VEHICLE HIGHWAY FUND (#202), $10,752 FROM GIFT, DONATION, BEQUEST FUND (#217), $1,665,000 FROM EMS CAPITAL IMPROVEMENT FUND (#288), $500 FROM HAZMAT FUND (#289), $40,460 FROM INDIANA RIVER RESCUE FUND (#291), $184,502 FROM COUNTY OPTION INCOME TAX FUND (#404), AND $60,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) 14 REGULAR MEETING AUGUST 26, 2013 This bill had third reading. Councilmember Scott made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10248-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $82,000 FROM SOLID WASTE FUND (#610), $180,000 FROM SOLID WASTE DEPRECIATIONS FUND (#611), $739,667 FROM WATER WORKS BOND CAPITAL FUND (#623), $336,502 FROM SEWAGE WORKS GENERAL FUND (#641) $274,502 FROM SEWAGE WORKS CAPITAL FUND (#642), $1,080,895 FROM SEWAGE WORKS SINKING FUND (#649), $2,438,088 FROM SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653), $81,065 FROM 2013 SEWER REFUNDING BOND FUND (#664) AND $611,752 FROM CENTURY CENTER OPERATING FUND (#670) This bill had third reading. Councilmember Schey made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10249-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $246,770 FROM CENTURY CENTER CAPITAL FUND (#671) This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Schey seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10250-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $6,074,038 FROM EMS CAPITAL IMPROVEMENT FUND (#288) This bill had third reading. Councilmember Scott made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Schey made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 15 REGULAR MEETING AUGUST 26, 2013 RESOLUTIONS BILL NO. 13-54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING A FINAL DETERMINATION AND CONFIRMING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44 DATA REALTY NORTHERN INDIANA LLC PROJECT LOCATED AT 1400 E. ANGELA IN THE SIXTH COUNCIL DISTRICT Councilmember Scott made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Scott made a motion to continue this bill until the September 9, 2013 meeting of the Council. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. BILLS - FIRST READING BILL NO.43-13 FIRST READING ON A BILL TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 8551-94 WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF EAST ST. VINCENT STREET RUNNING WEST FROM THE WEST RIGHT-OF-WAY LINE OF GEORGIANA STREET FOR A DISTANCE OF APPROXIMATELY 248 FEET TO THE EAST RIGHT-OF-WAY LINE OF EDDY STREET This bill had first reading. Councilmember Henry Davis made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on September 9, 2013. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 44-13 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 This bill had first reading. Councilmember Scott made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Second Reading on September 23, 2013 and Third Reading on October 14, 2013. Councilmember Oliver Davis seconded the motion which carried by the voice vote of eight (8) ayes. BILL NO. 45-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF 16 REGULAR MEETING AUGUST 26, 2013 THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Second Reading on September 23, 2013 and Third Reading on October 14, 2013. Councilmember Varner seconded the motion which carried by the voice vote of eight (8) ayes. BILL NO. 46-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Second Reading on September 23, 2013 and Third Reading on October 14, 2013. Councilmember Scott seconded the motion which carried by the voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORTS FROM THE AREA BOARD OF ZONING APPEALS BILL NO. 13-56 – SPECIAL EXCEPTION – 818 THOMAS ST. BILL NO. 13-57 – SPECIAL EXCEPTION – 1731 S. FRANKLIN Councilmember Scott made a motion to refer Bill Nos. 13-56 and 13-57 to the Zoning & Annexation Committee and set them for Public Hearing and Third Reading on September 9, 2013. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember Oliver Davis advised that the next City Cemetery Restoration Project 2013-2017 will be held September 25, 2013 at 5:00 p.m. at the O’Brien Recreation Center, 321 E. Walter St., South Bend, Indiana. He also stated that he is the Council Representative to TRANSPO, and that they will be revisiting designated bus stops. PRIVILEGE OF THE FLOOR 17 REGULAR MEETING AUGUST 26, 2013 COMMENTS FROM GREG BROWN CONCERNING 311 COMMUNICATION CENTER Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, stated the 311 line communications he would like to know the due process. He stated that he called the line about 205 E. Irvington. First of all I wanted to commend Councilmember Valerie Schey for coming out there. For 3 ½ weeks I watched the water in front of my fiancé house run down the street. Bob Frame came out repaired it, the next morning water was shooting up. I called the 311 line, first I called sewer, they informed me to call the 311 line, I called the 311 line, I got a call back and they said well they are waiting on the tree to be removed. Ms. Valerie Schey went out there, tried to take my mother over there for an event, the sidewalk is tore up, and is that correct Ms. Schey. The gentleman told me today that I have to get in touch with Phil from the Park & Rec to get the tree torn down before they could fix the water. She took pictures of it, left to come to a meeting, about 15 minutes later Bob Frame showed up. They went down in the hole, the man was getting ready to leave, he said “but Reverend I’m not going to leave, this is a deep hole, what if one of the kids fall in. I said that’s what I’m saying, when the water comes up they put sand and it washes down in our sewer system. So I want to know the due process in the communication. I have talked to Phil and he says well even in cutting the grass, if we don’t get the information of the address whether it comes from a city officers, a policeman who writes it up, I won’t get the job done. So I would like to know that, I have a privilege of the floor form and my next question is going back to when we used to have car inspections. I try walking down Lincolnway, you got cars, one car went past me today, Mr. Dieter, and it didn’t even have a windshield in it. Some of them don’t have bumpers, some don’t have mufflers, and I would like to look into seeing if we could go back to the safety inspection. COMMENTS FROM SAM BROWN REGARDING MARTIN LUTHER KING DR. Samuel Brown, Citizens United for a Better Government, 415 LaSalle Street, South Bend, he stated that he and his granddaughter were watching civil rights movement on TV. She said papa why are you crying. Well, I tried to explain to her that papa was old enough to catch part of that. We have a problem in South Bend on some of these same things that was in the news clip. I got my pen and my paper and was writing some of these things down, by a professor from Tennessee University, he wrote a documentary on this. I called him; I’m flying to see him. I have been very patient, I’ve filed the proper forms with the Council, I try not to get into a fight with a guy that I have a lot of respect for, I’m serious about this. Everybody says to be patient, we are working on this, and we put up money. I don’t care about your money, I want this thing done right and I want it in any area that is not poverty stricken. Because I probably won’t be there when they name King Dr., I was there for the first one in Chicago. I want this done right and I’m tired of the excuses, you know, I want this thing done right. Put King Dr. in an area like those new condo’s going toward the dome. Somebody’s proud of that and I want to be proud of King Dr. I’m going to fight and fight until it’s done. COMMENTS FROM JESSE DAVIS REGARDING NEPOTISM Jesse Davis, P. O. Box 10205, South Bend, Indiana, stated that he ran across this data site that was put up by the city. I ran across is two or three days ago and I think it just went up. Pretty nifty little sight, you can actually go in there and track a lot things on there. So, I went on and started looking at some of the employee compensation. I know we passed some nepotism ordinances and Indiana passed some laws recently and when I’m looking through there I find a lot of names that apparently relate to each other. Some of those seem to work directly under the other names in the departments and one of those names that caught me as odd was Pemberton. I ran across a Rex Pemberton who works for Animal Control, then I found a Jonathan R. Pemberton who is the Manager of the Street Department, and then a Jon R. Pemberton who is a Manager of the Sewer Operations, then a Jon Pemberton who says Operator General and a Josh Pemberton that’s says Superintendent V. So I made a few phone calls and looked the names up 18 REGULAR MEETING AUGUST 26, 2013 and researched them and apparently we have a father who works as a Department Manager, and a son who works as an Operator or Superintendent underneath the father in the same department. It just struck me as odd that we have a Jonathan R. Pemberton as a Manager of Streets making $56,000 and a Jon R. Pemberton as a Manager of Sewer Operations making over $60,000 a year. All the questions that I have asked anyone I was only told that there was a father; a son Jon Jr.; a son Josh; and this other gentleman Rex. So I am wondering who Jon R. and Jonathan R. Pemberton are? If they are both the same people and they are working two different positions and maybe you guys can dig deeper and see if those are the same people or if there are working two different jobs? ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:42 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 19