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HomeMy WebLinkAbout09-23-13 Common Council Meeting Minutes REGULAR MEETING SEPTEMBER 23, 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, September 23, 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 (Not in Chamber for Roll Call) 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 Karen L. White At-Large, Chairperson Committee of the Whole 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 Oliver Davis made a motion that the minutes of the September 9, 2013, meeting of the Council be accepted and placed on file. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS REPORT FROM TRINAL ON MBE/WBE PROGRAM th Alicia Garcia-Abner, President, Trinal, Inc., 329 W. 18 Street, Suite 401, Chicago, IL along with Tammi Davis, Chief of Operations, presented a Power Point presentation. Ms. Garcia- Abner advised that the leadership team at Trinal, Inc. provides a wealth of knowledge and over 100 years of combined experience. Trinal was incorporated in 1997 and is located in Chicago, Illinois. She stated that their workforce resides in Illinois and Indiana. They managed multi- millions of dollars in contracts and millions of accompanying payroll in the past 15 years. She noted that Trinal’s staff is certified by the American Contract Compliance Association Training Institute in the categories of Certified and/or Master Compliance Administrators. She stated that they provide strategic sourcing and outreach; policy and program development; economic development consulting; MBW/WBE program monitoring; labor compliance; contract compliance; organizational development; MBW/WBE/DBE/LBE certification assistance; software as a service (SaaS). She stated that additional client services include procurement and program management; development, facilitation and implementation of client economic development initiatives; MBE/WBE/DBE/LBE policy and program development and implementation; development of procurement, compliance and certification related standard operation procedures manuals, monitor and report on contract MBE/WBE/DBE/LBE and workforce hiring compliance; training in procurement and MBE/WBE/DBE/LBE program administration; facilitate and conduct vendor and community outreach initiatives; workforce hiring initiative development and implementation. She stated that they have relevant experience in both the public and private sector as well as non-profit and tax incremental financing. She stated that they use Global Project Tracking System (GPTS) and are completed web-based. They can track MBW/WBE/LBE spend and track minority, female and local residency 1 REGULAR MEETING SEPTEMBER 23, 2013 workforce. She stated that the importance of this tool is to eliminate duplicate data entry; assist in ensuring the submission of complete certified payroll documentation; assist in mitigating liquidated damages; assist in mitigating restitution issues; real time project MBW/WBE/LBE and Workforce Goal vs. Actual Commitment Status; assist in ensuring expeditious payment from owner. She advised that the system is secure with SQL server embedded security and firewalls to keep client information, such as social security numbers secure. Ms. Garcia Abner and Ms. Davis advised that they have met with Mayor Pete Buttigieg, his staff, City Department Heads as well as with members of the South Bend City Council and Community and Business Stakeholders for input on the City of South Bend’s diversity initiatives. They attended and presented updates at the Diversity Utilization Board meetings and well as prepared and submitted monthly reports to Diversity Utilization Board. Coordinated and Implemented the City of South Bend’s first Diversity Vendor Fair, “Breaking Down Barriers Diversity Outreach Event” on October 18, 2012 at the Century Center in South Bend. Prepared and evaluated surveys of the Diversity Outreach Event; submitted summary report of Diversity Outreach Event. Created online and hard copy registration forms/process for registering for diversity events. Assisted in the compilation of 2012 Diversity Compliance Report with City of South Bend Purchasing Department. Recommended and established linkages with IN Department of Administration MBE/WBE Division, IMSDC and WBENC Great Lakes Certifying Agencies. Provided comments on the prevailing specifications for Public Works. Performed outreach services to identify and increase awareness of MBW/WBE firms in South Bend and surrounding areas. Met with community stakeholders and client representatives. Interviewed City of South Bend Department Heads to learn more about the purchasing processes and upcoming contracting opportunities. Continued Initiatives include the creation of a template Notice to Vendors used to notify potential vendors of contracting opportunities. Reviewed and provided recommendations to City of South Bend’s Ordinance No. 10081-11, amending Chapter 14.5 of the South Bend Municipal Code Addressing Minority and Women Business Enterprise Diversity Development Programs for compliance with industry best practices. Provided recommendations regarding best practices and assisted in the design and implementation of recommendations. Developed City of South Bend Diversity Outreach Program. Developed City of South Bend MBE/WBE Utilization Plan. Provided technical guidance to City Administration, Public Works Director, Procurement/Purchasing Director on MBW/WBE Diversity Development Program. Drafted Diversity Program Policy Statement. Recommended Capacity Building Initiatives, including option of Mentor-Protégé Programs. Reviewed and recommended revisions to website to include and represent Diversity initiatives. Drafted procurement forms for use by Purchasing Department and/or Fiscal Officers. Researched and presented list of private companies in South Bend with Diversity Programs. Developed database of minority and women-owned businesses certified and non-certified. Provide Departmental and educational support to the City’s Diversity Compliance Officer. Assist the Diversity Utilization Plan. Assist in drafting Purchasing Policy revisions and documents to reflect diversity objectives. Participate with the Diversity Utilization Board in ongoing interpretations and discussions relative to the Ordinance. Conduct survey and compile summary of diversity objectives. Assist in the development and facilitation of a Workforce Hiring Plan, upon request. Attend meetings, as approved, with City, Council Diversity Utilization Board and Community Representatives. Ms. Garcia-Abner and Ms. Davis thanked the Council for this opportunity to update the Council. Additionally, Council President Dieter thanked Ms. Garcia-Abner and Ms. Davis for coming tonight and giving an update, however, due to time constraints Councilmembers that had concerns or questions stated that they would e-mail their comments and concerns directly to Trinal. 2 REGULAR MEETING SEPTEMBER 23, 2013 RESOLUTION NO. 4283-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING SOUTH BEND SILVER HAWKS’ MANAGER MARK HALEY FOR BEING SELECTED AS THE MIDWEST LEAGUE MANAGER OF THE YEAR Whereas, the Common Council notes that Mark Haley was selected by the Pittsburgh Pirates in the 26th round of the 1977 amateur draft, but chose to pursue his college studies at the University of Nebraska instead; and then spent over a decade as a Chicago White Sox coach; Whereas, in 2005, Mark Haley was named as the South Bend Silver Hawks Manager; and was named Manager of the Year in the Midwest League and Player Development Man of the Year for the Arizona Diamondbacks during the 2005 baseball season; and Whereas, September 9, 2013, will long be remembered for the celebration which took place at the recently named Four Winds Field at Coveleski Stadium, when the Silver Hawks Manager Mark Haley was drenched with Gatorade during the team’s celebration after they won the right to head to the Midwest League Championship Series; with the celebration also including a towel filled with shaving cream; and Whereas, the Common Council is further proud to recognize that this year, the 2013 South Bend Silver Hawks team, owned by Andrew T. Berlin, was Manager Mark Haley’s 6th team to qualify for the Midwest League Playoffs, with the 2005 team capturing the Midwest League Championship; and Whereas, in addition to being named the Manager of the Year in the Midwest League in 2005 and 2008, the South Bend Common Council is now proud to publicly recognize that Mark Haley was selected by his peers as the 2013 Manager of the Year for the Midwest League; and Whereas, the 2013 season was a great year with attendance at 237,448; with fans thoroughly enjoying cheering for the Silver Hawks; seeing the fireworks extravaganzas after the games and having a great fun-filled time with the Class-A affiliate of the Arizona Diamondbacks which will soon have a permanent bronze memorial bearing the name and likeness of Stanley Coveleski at the Main Entrance to honor this great Cleveland Indians pitcher. , Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indianaas follows: Section I. The South Bend Common Council, on behalf of all of the residents of the City of South Bend, Indiana, publicly congratulates Mark Haley, Manager of the South Bend Silver Hawks, for being named the 2013 Midwest League Manager of the Year. The Council is already looking forward to next season & wish Mark continued success with the team & continued great times with his wife, Ann, son J.R. and daughter, Kelly. Section II. 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 24 day of September, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember Derek Dieter made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Mark Haley. A Public Hearing was held on the Resolution at this time. 3 REGULAR MEETING SEPTEMBER 23, 2013 Mr. Haley thanked the Council for this honor. Additionally, Councilmembers, Scott, Henry Davis, Schey, Dr. Fred Ferlic, Varner, Oliver Davis, Gavin Ferlic and White offered comments and wished Mr. Haley and his family continued success. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember Scott seconded the motion which carried. RESOLUTION NO. 4284-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REMEMBERING THE LATE SEABE GAVIN, SR. AND THE CONTRIBUTIONS MADE BY HIM TO OUR COMMUNITY Whereas, the South Bend Common Council recognizes that the City of South Bend, Indiana has a rich history which so many of our residents have contributed to over many generations; and Whereas, in the early 1930s, a 17-year old outfielder-pitcher, Seabe Gavin, was making a name for himself on the baseball diamond when he played locally with the Monarch Athletic Club managed by Harold E. Smith, and on the South Bend Central High School team coached by Elmer Burnham; and Whereas, Seabe Gavin was known on the Monarchs as a “speedy outfielder” and when he pitched he was known for striking out many more batters than there were innings; for throwing out runners at home plate and for the many home runs he launched; and Whereas, Seabe Gavin is remembered for singlehandedly leading the South Bend Central High School baseball team to the Eastern Division Northern Indiana Championship with a three homer and seven runs batted in to defeat LaPorte High school by a score of 10-3; and was awarded all top offensive honors, and named overall Conference MVP; and is additionally remembered as a very gifted Central Bears football player who became an All-Conference standout; and Whereas, Seabe Gavin is also remembered for his pitching talents when he scattered five hits and struck out 18 batters for the Monarch Athletic Club during the St. Joseph Valley Semi- Pro Tournament against the Ball Band Team of Mishawaka which earned him the title by the news media as the “Flashy Monarch Twirler”; as well as for the rich legacy which he passed on to his talented family members. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, , Indianaas follows: Section I. Upon the 28th anniversary of passing of Seabe Gavin, Sr., the South Bend Common Council is proud to recognize that the many talents and contributions made by him during his academic studies at South Bend Central High School and for the Monarch Athletic Club Section II. The Common Council notes that our City is a better place today because of people like Seabe Gavin, Sr. who dedicated themselves to excellence and inspired others by the rich legacy he left behind. 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. 4 REGULAR MEETING SEPTEMBER 23, 2013 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 24 day of September, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember Henry Davis, Jr., 5117 Idlewood Drive, South Bend, Indiana, made the presentation for this bill by first offering his comments and then reading the Resolution in its entirety and presenting it to the family of the late Seabe Gavin, Sr. Mr. Seabe Gavin Jr. thanked the Council for this Resolution honoring his late father. Additionally, Councilmember’s Scott, Schey, Dr. Fred Ferlic, Varner, Oliver Davis, Gavin Ferlic, White and Dieter offered their comments. Rev. Greg Brown, 1238 Diamond, South Bend, Indiana stated that he is in favor of this resolution. He asked for the Council’s favorable consideration. Sam Brown, Citizens United for a Better Government, P. O. Box 1976, South Bend, Indiana, stated that he is in favor of this bill. He urged the Council to adopt this Resolution. Councilmember Scott made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. REPORTS OF CITY OFFICES Mayor Pete Buttigieg gave an update on city activities. Mayor Pete thanked the Council for the opportunity to resume the monthly custom of addressing the Council with an update on reports of City Offices. He thanked Councilmembers who have been patiently working with him on the new protocol which they tried to establish for insuring that Council requests for information are dealt with promptly. So far on our tracker, I checked it today we’ve received 90 requests or sets of requests for specific information since we started going through this approach in May. 79 of those so far have been responded to, there is another 11 that have been routed and we are still working on getting that information. I can tell you on our end it has certainly helped us to be a little more orderly in tracking our efforts to respond to Councilmember’s requests for information and action and certainly hope your experience has been the same and look forward to working with you to refine the process to make sure that we are being as responsive as we can. One big piece of news from last week was that the transportation engineers from the design firm AECOM gave a follow up presentation on restoring two-way streets in downtown South Bend. He stated that lead engineer Ian Lockwood outlined a possible phased approach to implementing two-way streets that was the theme that they heard in some of our conversations with the st Council, so those designs concepts were discussed in detail especially when it came to the 1 phase and he was really excited to see the level of refinement that had gone on with the meetings with the State Department of Transportation; MACOG; South Bend Community Schools; the Historical Society; Parks & Recreation Department and other stakeholders. He thanked Councilmembers who were able to attend one or both of the meetings or interacted in some other way with the engineers. He stated that he understands that it wasn’t possible for everyone to make it, so he wanted to remind Councilmembers and Residents that both of those presentations in their entirety are posted on line on the City website for anybody who would want to take a little time to view the videos that were relevant to that. He stated that they got in their 6 month report from 311 earlier this month. He stated that he won’t read it in its entirety but encouraged the Councilmember’s to take a look at it on the website if you have a moment and he just highlighted a few: The program is definitely fully up and running in terms of goals for the first six months though it does not yet include every city department. We now have Water Works, Streets, Sewers, Traffic & Lighting, Solid Waste, Mayor’s Office and most recently just this last month added Street Lights to that. Last month we took 12,636 calls it appears after shooting up initially the calls have more or less leveled off across the last two to three months, so we certainly expect it to grow as we plan to add more departments to the 311 protocol. The 5 REGULAR MEETING SEPTEMBER 23, 2013 abandoned call rate as of last month was 80% based on the benchmark that they have seen if we can keep it below 10% that’s pretty good and we are going to work to make sure we have the resources to keep it that way. In August, the average speed to answer 39 seconds, we have had other months where it has gone upwards of a minute, we really want to keep it below a minute, and ideally, we would like 45 seconds and will continue to drive for improvements. The top five subjects for calls: Solid Waste Pickup; other solid waste issues; miscellaneous information such as people calling with various kinds of questions about the city; yard waste questions; and interest in trash containers. He stated that they received a lot more calls than they expected by way of trash container calls, so that has prompted us to begin following up on houses where we think we have delivered a trash container to make sure that actually happened and we will be updating you on what we find out as we drive toward the goal of 72 hour replacement, when somebody calls in and lets us know that they are missing a trash container. So just a little bit of insight on what 311 is doing to help us with problem solving. He encouraged the Council to st spend a little time with that report. The Council’s moped ordinance takes effect October 1, that initial registration for mopeds that is required would be good until April 30, 2015, and after we stth phase that in, the registration go May 1 to April 30 every year. As the City moves to implement this Ordinance that the Council initiated is that people can come to front desk at the police station from 8 a.m.-8 p.m. and stickers as he understands will be applied directly to the moped to make sure that there is integrity in the process for that kind of licensing. He noted that tomorrow he will be doing a public update on the application of the Problem Property Nuisances Ordinance that is planned for 10:30 a.m. originally it was scheduled for 10:00 a.m., but to accommodate another press conference that is going on at that same time we moved it to 10:30 a.m. He stated that if you have a chance to be there, he stated to stay tuned for the details of that, but the bottom line is we have a change to implement as you know we have some time to get it up and running, but October is when it actually going apply and people are going to start seeing the enforcement of that ordinance. So it is important to get the word out publicly on that. The Code for America folks are in town again. There was an event yesterday with the group Hap Michiana, that’s the good kind of happening, civic happening, looking at our opening data platform to try to get more information that they can use to benefit the city. They have also begun working toward an app called City Voice. The purpose of City Voice is to draw more input from neighborhoods, residents about the most urgent priorities that they see when it comes to vacant and abandoned houses and dealing with that. He stated he looks forward to seeing them and finding out and sharing that with the Council and the public soon. He stated that he was grateful for an invitation to Councilmembers on the progress of the Anti-Violence Commission, Chief Teachman, Rev. Miller and himself spent some time in Council Committee going over that. For those that were not able to attend, he stated Councilmember White who is on the Commission has information from that briefing and he would be happy to share more of that information to anyone who is interested. For the sake of time, he stated that he wrapped up with a reminder that the next Mayor’s Night Out is going to be this week and come full circle to st the 1 District at Muessel School beginning at 5:30 p.m. and it is always great if Councilmember’s can be there with Department Heads to meet with anyone who wants a piece of my mind. Councilmember Oliver Davis stated that coming next Monday, we are going to be opening up the fire station in the Rum Village area, Station #5. He thanked the administration in helping get the new station and looking forward to celebrating Monday at 10:00. Mayor Buttigieg apologized for not mentioning it, and looks forward very much to celebrating together with the firefighters are looking forward to getting back to their place at the station. He thanked Councilmember’s for their collaboration. Councilmember Henry Davis stated that the assessed valuation of the city is going to be discussed later during the budget presentation. It will show how we get our assessed value in the city; how we set the tax rate; the amount of money that we are going to collect, in order for the city to be able to provide the kinds of services that are expected by the residents. However, he stated that his initial thought is that I think a lot of those things are going to be contingent upon the unemployment rate, our inability to attract and recruit employers to this area. As a matter of fact, it continues to go up we are around 12% right now. 6 REGULAR MEETING SEPTEMBER 23, 2013 Mayor Buttigieg asked Councilmember Davis to site which data set that comes from. He stated that’s a little different than the one he has seen. Councilmember Henry Davis stated that it comes from Workforce Development Offices, and as a matter of fact he got it from a gentleman who works there but cannot recall his name, however, he got that sent to him. He stated that he will send it to him. Mayor Buttigieg asked if it was for a metropolitan statistical area within city limits. Councilmember Henry Davis stated that he can send the e-mail. Councilmember Henry Davis stated however, the numbers are suggesting that we are not employing as many people as we possibly can and the problem that he is having right now is because we are not employing people and not pulling in employment opportunities at a high level, little to none actually. What is going on is that when we do assessed values, then taxes, and then when we do enforcement of the vacant and abandoned housing initiatives, etc., no one will have the ability to pay out on any fines and as a result they will miss out on their opportunity for necessary housing. If they lose their housing, what happens is that someone has to pick up that housing or not that house becomes vacant and abandoned and subsequently worst case scenario it is demolished. So we are back at square one again as to how we deduct areas outside TIF Districts. So that has been an issue that we all have been faced with for years now, we have not been able to deduct outside of TIF area and that’s where we see the heaviest of vacant and abandoned a lot of different things that you are working on to rid out city of, but again, it goes back to our employment base. If our employment numbers are suggesting that we are higher than the State average and the national average, clearly we need to have an aggressive and an intentional attempt in order to change the way our employment market looks. We cannot deny that and cannot grow as a city. It doesn’t matter how many streets we change, none of those things matter, we have to develop an identity for this city and we have to make sure that folks are working in this city, so this city can begin to develop. And sure two-way streets make sense because now we can have more restaurants; you can more of those services that people spend their disposable income on. However, if we can’t get folks to come in here and have the ability to pay a mortgage or even rent, we are hurting ourselves in the grand scheme of things, so what I am looking for and asking for is your leadership on how do we attract employers here from a diversified workforce not just high tech. But we need to be able to attract employers for people who may just want to be janitors for the rest of their lives or folks who want to be lawyers for their rest of their lives, it needs to be diversified, trades folks, so that’s my question. Mayor Buttigieg stated that is a great question, because number one remains job creation. Hopefully it will be clear and you may see a little bit more of this in the upcoming budget presentation that the decisions were making throughout the budget, but especially in the budget for economic development and downtown development are prioritized in order to try and create more jobs. There is of course a chicken and an egg quality to this, a community that has more jobs will have less crime, better measurable outcomes and so forth. But we also know that if you want to cultivate jobs and attract investors you have to achieve those things. So, we are trying to get to a virtuous cycle and that’s one of the reasons why, one of the main measures of success that we hold for example ourselves accountable to on the Economic Development front is the number of jobs created. Councilmember Scott stated that one thing that he is working on with some neighborhood groups is street lights. Just going through the neighborhoods, actually assessing where lights are out, you might have seen it on the news, some of the neighborhoods groups doing this. So I will talk to you about that off-line. I think it is low hanging fruit that we can get some street lights either fixed or in place to help some crime issues. 7 REGULAR MEETING SEPTEMBER 23, 2013 Mayor Buttigieg stated that he welcomes that, and it might be a great way to stress test some of the new customer service protocols which they are trying to put in. Council President Dieter stated that last week Vice-President Davis sent a memo to Corporation Counsel, I don’t know if she is here; just send an update on the State Police Report regarding the Chief. Mayor Buttigieg advised that the Council can expect an update later this week. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:11 p.m. Councilmember Oliver Davis 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 White, Chairperson, presiding. Councilmember White, 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 White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 44-13 PUBLIC HEARING 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 BILL NO. 45-13 PUBLIC HEARING 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 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 BILL NO. 46-13 PUBLIC HEARING 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 Councilmember Oliver Davis made a motion to combine Bill Nos. 44-13; 45-13 and 46-13 for purpose of public hearing. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. 8 REGULAR MEETING SEPTEMBER 23, 2013 Councilmember Karen White, Vice Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on Bill Nos. 44-14; 45-13; and 46-13 and sends them to the full Council with no recommendation. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for these bills. Mr. Neal presented a power-point presentation on the City of South Bend’s 2014 Budget. He stated we’re coming back, changing the way South Bend does business. He stated that their goal is to ensure South Bend is a strong and open city for everyone, where the basics are easy for residents; government services are first-rate and everyone can thrive. He stated that their strategy to get there is for key guide posts to frame long and short-term planning efforts. Measure how well we deliver and make decisions based on good information; streamline city processes for citizens/customers; break down bureaucratic walls to deal with complex issues; welcome innovation and question habit; form connections and partnerships for economic growth, education, public safety and quality of life; attract, grow, retain, and engage excellent employees in an excellent work environment. He listed the 2014 Administration Priorities: Economic Development/Jobs; Smart Streets; Vacant & Abandoned Housing; Information Technology Strategy; Customer Service (311)/Performance Management; Anti-Violence Initiative; Workforce Development; Corridors; Parks & Recreation; and Code Enforcement. He noted that the 2014 Council Priorities are Economic Development; Public Safety; Parks & Recreation; Infrastructure (curbs, sidewalks, & streets); City Corridors; Vacant & Abandoned Housing; Code Enforcement and Quality of Life. He stated the city budget is divided into six (6) categories of activity (over 90 funds) general fund; special revenue funds; debt service & capital funds; enterprise funds; internal service funds and trust & agency funds. Mr. Neal went over key assumptions to fund Administration & Council priorities; balance budget for general fund; invest in City infrastructure/quality of life (Smarter Streets, Parks, Downtown); Continue to leverage and invest in technology for improved delivery of City services. Fully fund Public Safety (Police & Fire) personnel. Focus on efficiency with no increase in City full-time personnel levels and provide a 2% pay increase civil city employees, other pay adjustments based on salary benchmarking and negotiated increases for City bargaining groups. He stated that the city has investment ready places and proposed 2014 investments are $32.0m for investment ready places and people and $11.4m for Smart Streets. Key Performance Indicator’s (KPI’s) 210 jobs created in 2013, $623,000 public investment leveraged $23.4m in private investment so far in 2013. He stated that we must create the kind of places where people want to live and business want to invest. Mr. Neal stated that they have proposed 2014 Investments $2m for repair and demolitions and $300,000 for deconstruction (12 jobs). 2013 KPI’s 45-houses repaired; 19 houses demolished. He stated that increasing the value and improving the quality of life in our neighborhoods is critical. Mr. Neal stated that Information Technology proposed 2014 investments $5.0m in employee, services and capital; KPI’s 9,483 service calls to IT (target of 6,000) and future measure our IT Technology IQ. He stated that the strategy provides clarity to our services, our partnerships, our integration with other government entities and our community engagement. Customer Service/Performance Management proposed 2014 investments: $480,000 of internal funds for 311 expansion; 7 employees for 311 (currently staffed at 4.5); KPI’s 60% of calls answered within 30 seconds (target is 65%; best practice 80%); 69,149 calls taken to date (50,000 goal for 2013); Residents expect and deserve exceptional customer services. Mr. Neal went over the property tax collection trends; 2014 proposed budget assessed value income projections; revenue expenditure summary from 2008 to 2014 and the five=year capital improvement plan summary. He closed with the overall city budget of $295.3 million with a deficit of $39.4 million is primarily timing of spending of bond proceeds for CSO sewer projects and investments in City infrastructure. He reiterated that the General Fund budget of $55.5 million is balanced and the City budget reflects investing in our City infrastructure to create investment ready places; improving our neighborhoods; leveraging technology, responding more effectively to citizen needs and questions and measuring our performance. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. Councilmember Varner asked if these bills were available on the city’s website. 9 REGULAR MEETING SEPTEMBER 23, 2013 Councilmember Dieter stated that the Council and Administration’s priorities were the most critical. He stated that the Police Budget will be heard tomorrow September 24, 2013 at 4:00 p.m., here in the Council Informal Meeting Room. He stated that the next Personnel & Finance Committee Meeting will be held October 7, 2013 here in the Council Informal Meeting Room at 4:00 p.m. Councilmember Schey asked if the tax caps are still in place in 2014? Councilmember Henry Davis, Jr., asked about the 210 jobs being created and how does the math add up? He also questioned the 95% tax collection rate. Mr. Neal stated that the collection rate for property taxes varies from year to year. However, the average has been approximately 95%. Councilmember White thanked the administration for all their hard work and time going into the 2014 City of South Bend Budget. There was no one present wishing to speak in favor of these bills. The following individuals spoke in opposition to these bills: Jesse Davis, P. O. Box 10205, South Bend, Indiana, spoke in opposition to these bills. He stated that assessed values are up higher and they don’t need to go up any more. Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, spoke in opposition to these bills. He urged the assessor’s office not to raise assessed values. He stated that they need to guarantee more police. In rebuttal, Mayor Buttigieg explained the need to increase total assessed value in the city overall, not to raise a home’s assessed value. He stated that we need to increase the tax base and add properties to the tax rolls which will increase the value of the economy. There being no one else present wishing to speak to the Council in opposition to these bills, Councilmember Oliver Davis made a motion to continue Bill Nos. 44-14; 45-13; and 46-13 until the October 14, 2013 in the Council Portion Only. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 47-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION’S 2014 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 Councilmember White, Vice-Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with favorable recommendation. David Cangany, General Manager, South Bend Public Transportation Corporation (TRANSPO), 1401 S. Lafayette Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Cangany advised that with the recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the 10 REGULAR MEETING SEPTEMBER 23, 2013 “Council”) for adoption by the Council. He noted that Transpo’s Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council. He stated that meeting is October 21, 2013 and is a regularly scheduled monthly meeting of Transpo. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this Resolution. The following individuals spoke in opposition to this Resolution: Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, spoke in opposition to this bill. He stated that TRANSPO cut bus routes in areas that need public transportation the most, the Westside and Northwest sides of town. He questioned how service can be the same? In rebuttal, Mr. Cangany stated that the routes that were cut had the fewest amount of riders. He also advised that they are trying to be the best stewards of tax payer dollars. Councilmember Oliver Davis made a motion to continue this bill in the Council Portion Only to the October 14, 2013 meeting of the Council. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILLNO. 49-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE Councilmember Dieter made a motion to continue this bill until the October 14, 2013 meeting of the Council. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) 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 9:03 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS – THIRD READING There were no bills for third reading at this time. RESOLUTIONS 11 REGULAR MEETING SEPTEMBER 23, 2013 BILL NO. 13-56 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 818 THOMAS STREET Councilmember Henry Davis Jr., made a motion to continue this bill until the October 14, 2013 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4285-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1731 S. FRANKLIN STREET WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1731 S. Franklin Street in order to permit a special exception use a crematory in a Light Industrial District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal § Code 21-09.03 (i). 12 REGULAR MEETING SEPTEMBER 23, 2013 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk; and is subject to the written commitments filed with the Office of the City Clerk after they have been duly executed. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Councilmember Dr. Fred Ferlic, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to full Council with a favorable recommendation. Mark Lyons, Assistant Zoning Administrator, Building Department, Suite 100, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow a crematory in a “LI” District on property located at 1731 S. Franklin St., South Bend, Indiana. He stated that Board of Zoning Appeal held a public hearing on August 7, 2013 and sends this bill to the Common Council with a favorable recommendation. Patrick Nowak, 6016 Sutton, South Bend, Indiana, made the presentation for this bill. Mr. Nowak advised Council Attorney Kathleen Cekanski-Farrand read the amendment into the record: Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk; and is subject to the written commitments filed with the Office of the City Clerk after they have been duly executed. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill: Aaron Nowak, 5627 Danbury, South Bend, Indiana, stated that he is in favor of this business expanded. Mr. Nowak advised that businesses expanding in South Bend is a good thing. He urged the Council’s favorable consideration. Jesse Davis, P. O. Box 10205, South Bend, Indiana, spoke in favor of this bill. Mr. Davis advised that cremation is cost efficient. He stated that after losing his brother and there were no death benefits to bury him, they chose cremation. He asked the Council for their favorable adoption. Marge Dudeck, 1914 Catalpa, South Bend, Indiana, stated that she is in favor of this resolution. Ms. Dudeck stated that neighbors should not be concerned with their children seeing bodies. She noted that parents need to be responsible and explain it. She stated that she would be happy to have this business next to her; she stated that it would be better than what is next to her right now. Patrick Hahn, 3916 Rosemont, South Bend, Indiana, spoke in favor of this bill. Mr. Hahn stated that they need a crematory in the South Bend/Mishawaka area. He urged the Council to adopt this resolution favorably. Rose Smorse, 2120 S. Catalpa, South Bend, Indiana, stated that she is in favor of this bill. She stated that she does not believe a business like this will bring down property values in the neighborhood. She stated that it is the vacant and abandoned houses that have done that. She asked the Council for their favorable adoption. The following individuals spoke in opposition to this bill: 13 REGULAR MEETING SEPTEMBER 23, 2013 Willie Hensley, 1817 S. William, South Bend, Indiana, spoke in opposition to this bill. Mr. Hensley stated that the owner cannot guarantee there will be no smell associated with the crematory. Terry Frost, 1817 S. William, South Bend, Indiana, spoke opposed to this bill. He stated that with the odor emission this type of business should not be near residential properties. Vince Sgambelluri, 2203 S. Franklin, South Bend, Indiana, spoke in opposition to this bill. He stated that he has lived in this neighborhood for 29 years. He stated that this neighborhood has undergone significant changes over the years. The neighbors do not want this business near their homes. He stated that the Council should listen to the residents of the neighborhood and vote against this bill. James Warren, 1805 S. William, South Bend, Indiana, stated that this business in not bringing in new jobs. He stated that there are a lot of unanswered questions and asked the Council to vote against this resolution. Antonio Sgambelluri, 2203 S. Franklin, South Bend, Indiana, spoke in opposition to this bill. He stated that he just plain doesn’t want this type of business near his home. He urged the Council to vote against this resolution. Nancy Fry, 1816 S. William, South Bend, Indiana, spoke in opposition to this bill. She stated that she doesn’t want the crematory in her “backyard.” Joe Sgambelluri, 2209 S. Franklin, South Bend, Indiana, spoke in opposition to this bill. He stated that this type of business does not belong in a residential neighborhood. He stated that it is not a good fit for the neighborhood. Brian Fry, 522 Alabama, Mishawaka, Indiana, stated that he owns the home at 1816 S. William and this business is 15 ft. from his property line. He stated that this is a residential neighborhood and a crematory will bring down property values in a neighborhood that has already seen its share of vacant & abandoned homes and neglected properties. He urged the Council to vote in opposition of this bill. Rose Tropeano, 2126 S. Franklin, South Bend, Indiana, stated that she has a petition with over 50 signatures of residents that actually live in the neighborhood against this special exception. She stated that this type of business does not belong in a residential neighborhood. She stated that the City has plenty of vacant buildings and lots that this type of business could go into. Agostino Gallia, no address given, spoke in opposition to this bill. He stated that this is just not a good idea. In Rebuttal, Mr. Nowak stated that it is not feasible for him to build a new building and this type of business needs a building that is concrete and not wood frame. He stated that for his funeral home to survive, he needs to add a crematory. He stated that some of the emission concerns have been addressed by Devin Finnery of Cremation Systems. He stated that the emissions are monitored to meet EPA, State & Local guidelines. Councilmember Oliver Davis stated that this has not been an easy decision for him to make. He stated that he is torn between a business expanding and thriving and listening to the cares and concerns of the residents. Councilmember Oliver Davis made a motion to adopt this Resolution as amended. Councilmember Henry Davis, Jr., seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 14 REGULAR MEETING SEPTEMBER 23, 2013 BILL NO. 4286-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 120 W. LASALLE STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR HOFFMAN HOTEL APARTMENTS HOUSING PARTNERS, L.P. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 120 W. LaSalle Street, South Bend, Indiana, and which is more particularly described as follows: East 87.7 feet Lot 12 Original Plat of South Bend and which has Key Number 71-08-12-107-002.000-026, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (10) ten years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. William Hollingsworth stated that they intend to redevelop the historic Hoffman Hotel located at 120 W. LaSalle Street. He stated that the 60,000 square foot building will be converted from an office building to affordable apartments to house artists. The estimated dollar value of the project is $4,000,000. Total taxes to be abated during the ten (10) year abatement period are estimated at $391,974. Total taxes to be paid during the ten (10) year abatement period are estimated at $1,156,031. Per the petition, the project will create zero permanent full- time and one permanent part-time job within the first year representing a new annual payroll of $35,000 and will maintain zero existing permanent full-time and zero existing part-time jobs. 15 REGULAR MEETING SEPTEMBER 23, 2013 A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS -FIRST READING BILL NO. 50-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2014 This bill had first reading. Councilmember Henry Davis, Jr., made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 14, 2013. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 51-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2014 This bill had first reading. Councilmember Henry Davis, Jr., made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 14, 2013. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 52-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2014 This bill had first reading. Councilmember Henry Davis, Jr., made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 14, 2013. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 53-13 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2014 This bill had first reading. Councilmember Henry Davis, Jr., made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 14, 2013. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. 16 REGULAR MEETING SEPTEMBER 23, 2013 BILL NO. 54-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2014 This bill had first reading. Councilmember Henry Davis, Jr., made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 28, 2013. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO.55-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING ORDINANCE NO. 10192-12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2014 This bill had first reading. Councilmember Henry Davis Jr., made a motion to refer this bill to the Health & Public Safety and Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 14, 2013. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 56-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10200-12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2014 This bill had first reading. Councilmember Henry Davis Jr., made a motion to refer this bill to the Health & Public Safety and Personnel & Finance Committees and set it for Public Hearing and Third Reading on October 14, 2013. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 57-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 4, SECTION 2-13 (A)AND (B) OF THE SOUTH BEND MUNICIPAL CODE TO CONSOLIDATE THE CITY’S CODE ENFORCEMENT DEPARTMENT AND THE BUILDING DEPARTMENT INTO ONE BUILDING SERVICES DEPARTMENT, AND TO MAKE ALL OTHER CHANGES CONSISTENT THEREWITH This bill had first reading. Councilmember Henry Davis Jr., made a motion to continue this bill indefinitely. Councilmember Oliver Davis seconded the motion. The motion carried by a roll call vote of five (5) ayes (Councilmember’s Schey, Varner, Oliver Davis, Henry Davis, Jr., and Dieter.) and four (4) nays (Councilmember’s Dr. Fred Ferlic, White, Gavin Ferlic, and Scott.) 17 REGULAR MEETING SEPTEMBER 23, 2013 UNFINISHED BUSINESS REPORT FROM AREA BOARD OF ZONING APPEALS BILL NO. 13-64 SPECIAL EXCEPTION - 1026 CORBY Councilmember Oliver Davis made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on October 14, 2013. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Oliver Davis stated that there will be a ribbon cutting of the new Fire Station #5 next week. PRIVILEGE OF THE FLOOR Mario Sims, 608 S. St. Joseph Street, South Bend, Indiana, stated back in June allegations were made against Police Chief Teachman failing to help a fellow officers. He stated that what is happening is that there is an appearance of racism. Jake Teska, 4133 S. Main Street, South Bend, Indiana, stated that the Mayor should be held accountable. He stated that this is the least transparent administration. Theodore Robert, 2617 Frederickson, South Bend, Indiana, stated that he has been made aware of some changes made by the Board of Safety. He thanked the Council for getting answers on fairness to employees. He stated that he still wanted the Council to find out if Police Chief Hurley needed to be re-certified. Rhonda Richards, 1020 Clover, South Bend, Indiana, asked why the report on the Police Chief Teachman has not been released to the public. th Ron Goodchild, 837 S. 24 Street, South Bend, Indiana, stated that he received a letter from the th Park Board that the tree stump/stub on 27 Street had to be cut down. He stated that he researched as to why other oak trees have been cut to the ground in the Park. He stated that they are priceless and Potawatomi Park is a public park for all the citizens to enjoy and the best part is the oak trees make it a magical place for hundreds of years as they aged and now are dying. He stated that Mr. Victor Riley is looking forward to seeing the oak trees and make them come alive into art shaped animals for all future generation to enjoy and cherish. He thanked the Council for caring and sharing in saving the 10’ dead oak stumps in Potawatomi Park. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 10:09 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 18