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HomeMy WebLinkAbout10-28-13 Common Council Meeting Minutes REGULAR MEETING OCTOBERT 28, 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, October 28, 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 rd Valerie Schey 3 District th Fred Ferlic 4 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President 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 White made a motion that the minutes of the September 23, 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 ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF KATHRYN ROOS REPORTS OF CITY OFFICES There were no reports of City Office at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:06 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 (BILLS NO. 44-13, 45-13, 46-13 AND 47-13 TO BE HEARD IN THE COUNCIL PORTION ONLY) 1 REGULAR MEETING OCTOBERT 28, 2013 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 Council Attorney Kathleen Cekanski Farrand: At this stage I would recommend that there is a substitute version of Bill No. 44-13 that has been filed by the City Administration. The Committee’s disposition of that should be made of record and then the appropriate motion. Councilmember Varner, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on Bill No. 44-13 this afternoon and a substitute was recommended and approved and voted to send it to the full Council a favorable recommendation. Councilmember Varner made a motion to consider the substitute version of this bill as on file with the City Clerk. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Mayor Buttigieg: Thank you Councilmembers for the opportunity to present this evening the latest iteration of the budget for which we have all been working since earlier this year. The goal is to create a budget that allow us to fund the vital priorities that the city is responsible for. At the same time continuing to change the way we do business in the city, which requires that budget for that as well, and we make sure that we are making the investments that are required in order to create a city where people want to live and a kind of city where businesses will want to invest. Let me ask a quick point of order to be sure that I am being correct procedurally. Is this the right time to present as well the accompanying bill for salaries? Chairperson White: No that is a separate action when we get to Bill 53-13. Mayor Buttigieg: Thank you. I wanted to make sure we are following proper procedure. Chairperson White: This is to allow you the opportunity if you would like to give any summary comments regarding Bills 44-13; 45-13 and 46-13. Mayor Buttigieg: In brief, the effort, we will begin with the bill levying taxes and fixing the rate of taxation. I am going to defer to our Deputy Controller John Murphy. th John Murphy, Deputy Controller, 12 Floor County-City Building, South Bend, Indiana, made the presentation for Substitute Bill No. 44-13. John Murphy: Substitute Bill No. 44-13 is the one levying taxes and fixing the rate of property taxation for the fiscal year ending December 31, 2014. This was discussed in committee. It’s a requirement; it’s somewhat of a place holder amount we have to calculate an amount for property tax rates for the General Fund; Parks & Recreation fund; Cumulative Capital Development; Redevelopment; Hall of Fame fund. We set an amount, we set a rate, then the Indiana Department of Local Government Finance in February of 2014 reviews all of our information, our budget, our assessed values, our income, and they actually set the property tax rate for us, so our rate will be adjusted, it’s typically, we set it a little higher advertisement and it’s typically adjusted downward. So, that’s the process that will happen in February of 2014. Any questions on this bill? Council Attorney Kathleen Cekanski-Farrand: I would recommend that if the Council so desires that it may be appropriate to have a motion now to dispose of Substitute Bill No. 44-13, since the genesis of past discussions can focus on the two budget bills. 2 REGULAR MEETING OCTOBERT 28, 2013 Councilmember Oliver Davis made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 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 Varner, Chairperson, Personnel & Finance Committee, reported that this committee held Public Hearing on Bill 45-13 this afternoon and voted to send it to the full Council with no recommendation. Chairperson White: Mayor would like to make any comments regarding Bill No. 45-13? Mayor Buttigieg: Yes, should we entertain both together? Councilmember Varner: I would note that Bill 46-13 also comes with no recommendation subject to the hearing we had this afternoon. Chairperson White: So is that a motion to hear both of these bills together. Councilmember Varner: Yes, ma’am. I motion to combine Bill Nos. 45-13 and Bill No. 46-13 for purpose of public hearing. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Chairperson White: We will hear Bill 45-13 and Bill 46-13 together. Mayor Buttigieg: Since the substance of the budget has been discussed in some detail since August when the budget was first presented some even before that, I will concentrate my remarks on the handful of changes that have been made in generally recent order. In order to try to insure that we have assembled a budget package that is agreeable and balanced to overlapping consensus as well as being agreeable to the administration’s priorities. As I mentioned earlier our goal is to ensure that we are not only maintaining adequate levels of service on what the city does, continues to do, and must always do. But also to continuing to develop the way that we do business in the city and that we are making the investments that it is going to take to continue to create places where people want to live and locations where businesses are going to want to 3 REGULAR MEETING OCTOBERT 28, 2013 invest. We heard a number of areas of feedback from Councilmembers that were submitted to us through the Personnel & Finance Committee and have responded to a number of those with adjustments that we have made in the substance of the budget. I will draw your attention to a handful of the most significant financially and of course welcome further questions, that either I or our City Controller can field if there is any desire for further detail on that. One thing that you will notice is a recent adjustment is making sure that we have adequate resources for public safety. This is included $100,000.00 committed for downtown overtime patrols in order to keep up that program that has a got a great response from the downtown community as well as those that make use of downtown, and another $100,000.00 for supplemental bills in the neighborhoods. So that we are sure that we are not neglecting a neighborhood while ensuring that there is safety downtown. We have also made some adjustments to positions; one is now that we are sufficiently optimistic about securing before the end of the year a commitment with public/private partnership with the zoo society that we feel would draw the adjust to the salary of the zoo director from the budget. We had heard the message from the Council that more time would be needed before we ask in any way to restructure the Code Enforcement and Building Departments, so the revised budget that you have before you takes into account the implications and will run as two separate departments. And we have also made sure that we are being clear about the purpose of what I have been considering the Smart Streets Program, so would regard as a separate initiative, but in any case, making sure that we have adequate lighting, which is beneficial to safety and neighborhoods throughout the city. Again, I will look to be corrected if I’m not coloring within the lines procedurally, but I would like to take this opportunity if we are at the right moment in the proceedings to also suggest verbally an amendment that could be made in response to some concerns that were raised earlier today by members of the Council concerning the use of Loss Recovery Fund dollars. So the suggestion that I would like to make is that an amendment be entertained that would adjust the numbers that previous budget outlines we have laid out as being part of the Smart Streets Initiative within the Loss Recovery Fund. What this would do, is this would reduce that line item for Smart Streets by the amount of $350,000 and the purpose of that change would be to ensure that the city has adequate funding protected for the purpose of installing wells as may be needed in order to address the issues in the neighborhood surrounding the New Energy site. I don’t know if everybody is in position to vote on that now or not? Chairperson White: We are going to have comments. Council Attorney Kathleen Cekanski-Farrand: That would be Fund #227; the City Controller is saying yes that is the correct fund. And it is my understanding that all issues or suggested recommendations are going to be aired this evening and not voted on a case by case basis yet. Councilmember Oliver Davis: Is there any other language that would be needed with that? Council Attorney Kathleen Cekanski-Farrand: It is my understanding that there will be further information and that the Corporation Counsel will be in contact with me before Wednesday and we will work out the legal needs of that. Mayor Buttigieg: We will get that language as soon as possible to make clear the intention with which we are protected as well. Council Attorney Kathleen Cekanski-Farrand: If I could just for the record so that we are clear, the City Controller’s Office did file a document, Mr. Murphy specifically I believe a one-page summary sheet and 55 pages of detail that outlines the various items that the Mayor has just outlined and that is all before the Council and is of record with the Office of the City Clerk. Chairperson White: I am going turn to the Council. Again, this is the part that the Council will be able to address the Mayor or the City Controller with any questions or concerns that you might have regarding Bill 45-13, knowing that we will have final action on Wednesday. 4 REGULAR MEETING OCTOBERT 28, 2013 Councilmember Scott: First of all I want to thank you for looking at the light initiative. It may be new to some Councilmembers but it’s something that we have discussed a few meetings in the past it is a concern that has come up in neighborhoods where there are issue of crime and safety and has been brought up by about five different neighborhood associations, myself and other Councilmembers here. A budget is a budget; a budget does not mean that the money is going to be immediately spent to that dime that nickel. Plans are in the works for that $100,000.00 or $200,000.00, I almost cut my budget, and there will be future actions coming down on that. So, I appreciate that and as far as salaries and that my only concern is that I don’t look at individuals or who is in those positions. Chairperson White: We are not talking about the salaries now. Councilmember Scott: Oh, yeah you are right. Chairperson White: You will have the opportunity for that. We are discussing Bill No. 45-13. Councilmember Scott: Ok, thank you. I think that’s about it then. Councilmember Henry Davis: Could you come back to me. Chairperson White: Ok. Councilmember Schley: Sure, thank you Mayor, this has certainly been a very interactive process arriving here. The question that I have for you regarding Bill No. 45-13 and the funds that are governed or that Bill 45-13 would address is with regard to the Smart Streets proposal; we have the funding for that coming from Fund #227 the Loss Recovery Fund and then the Motor Vehicle Highway money. Mayor Buttigieg: And Major Moves. Councilmember Schey: Major Moves. So the question that I have is in talking with residents and hearing both sides, both for and against the project, its seems that there has been a lot of discussion recently more focused on just trying to address Phase I A and Phase I B. Phase I A of course based on the information that Scott Ford had presented to the Council, will be the Williams and Lafayette Project which was presented to us for a total $671,000.00 and then Jefferson Blvd., was presented as Phase I B and that was presented for a total of $1.54 million. So, I wanted to ask when we get to this point of actually voting on Bill 45-13, if we were to only look at the funding appropriation that is currently, there is $2.3 million earmarked for Smart Streets out of Fund #227 Loss Recovery, if we collectively agree that we would support just the first two phases, Phase 1 A and Phase 1B, would we then be taking the line item out of the Major Moves? Will we see by Wednesday, if we truly are only support the first two phases, when we meet on Wednesday see the line item that is in the Major Moves budget removed? Does that makes sense, I hope so? It has to do with making sure that the changes that we have all discussed both Council, Administration and Community saying we would support Williams and Lafayette and possibly Jefferson and then see how that goes before we through in the whole $11.4 million. So my question to you is are we going to take first phase approach? And delete the earmarked funds out of the Motor Vehicle or Major Moves? Mayor Buttigieg: So, that sounds to me like a question that only your fellow Councilmembers would be able to answer. From the administration perspective, we believe that the full portfolio that we are submitting which is already of course phased compared to some of the things that were discussed earlier. But a portfolio that includes addressing William and Lafayette right away as well as Jefferson, but also design work allowing us to prepare for the northern approach and some of the other streets initiatives, at least in my view are a part of the Smart Streets package. Such as our corridor work and what we hope to do with our curbs and sidewalks. Then we regard that as one comprehensive package for a philosophical standpoint in terms of sources of funds. Major Moves is of course earmarked or is identified for use in transportation or infrastructure uses. There is more flexibility around some of the other sources and funds. The 5 REGULAR MEETING OCTOBERT 28, 2013 amendment that was mentioned earlier, that we would be talking about $1.9 rather than $2.3 in the Loss Recovery going towards Smart Streets if we were to take that $350,000.00 out and instead lay it aside for wells at New Energy. I don’t know if that fully answers you question but I think that part of your question might be one on procedure which I will do my best or defer to Council Attorney expertise or our Counsel, depending on which is more appropriate depending on what decisions your fellow Councilmembers might make in closing remarks to the budget. Councilmember Schey: Based on the question, and I’m sorry if it was vague, but your intention as the Mayor will be to come before the Council on Wednesday, not with necessarily an amended Smart Streets Budget, just to support Phase I A and Phase I B, but to in fact, come before Council with. Mayor Buttigieg: We feel that the package that is now been laid out including the amendments that were discussed earlier is the right the package for Smart Streets to get us on the right direction going forward downtown and the surrounding area. Councilmember Schey: Ok, that was my question. It is not going to be amended and reduced just to support the first two. Mayor Buttigieg: That’s right, that’s not in our plan. Councilmember Henry Davis Jr., Thank you Mayor for presenting. I am going to have few questions actually because in reading e-mails and listening to you know news and reading newspapers, and I have also said this out loud in Council Meetings, I don’t know if you were present or not. I am still confused on the project itself and the validity of it. I am not saying that it doesn’t deserve these merit idea, I’ve seen it in other cities, I get it, I have seen it work well in other cities, I travel quite a bit to these cities and I see it. But one thing that you know I am going to question first, why the rush? Mayor Buttigieg: I don’t believe that the community right now wants us to move slowly when it comes to creating jobs and investment downtown. I have had very few people come up to me on the street and ask me to see to it that City Government move slower than it does now. I certainly respect that there is some time reason to take pause and make sure that we are doing the right thing. I even admit that there have been times when I have been in a hurry and the Council has slowed us down and that has been better for everybody. I would say that some of the things that we have done to shape and adjust this budget absolutely reflect that give and take. But I also do think that the city is looking for action, the community is looking for action, and the community would like to see something done sooner rather than later. Because we have waited for so long to get downtown into the shape we would like it to be in and we certainly see signs of momentum, thirteen (13) new businesses with $2 million dollars of private investment, quite a few jobs in the downtown area just in the last month or so. But I don’t think any of us believe that it is moving quickly enough and I would suggest the answer to the question why the rush is that we don’t have any time to lose, when it comes to the economic impact that we could be on line with. Councilmember Henry Davis Jr.: Ok, now that leads me to my next question. You stated that the community wants to see downtown in a better condition and better light the way we want to see it, I was not offered the opportunity to sit at these tables you know working groups or anything nd and most of this is in the 2 District, like almost all of it is. And, I have not had the opportunity to even share in the conversation with you about these changes as a representative for those folks and so why I am going to go down in detail these questions is because I’m still confused? What is the way that we want to see it? I don’t understand it? You said that there is a way that we want to see it, what is that way? Mayor Buttigieg: I wished that you would have attended some of the public meetings where that was detailed and where there were opportunities for a lot of people from the community to come to. We have learned quite a bit, I think that there is a variety of opinions around our community, 6 REGULAR MEETING OCTOBERT 28, 2013 but also, a sense of urgency. I don’t know if you have had a chance to view any of the meeting presentations on line. Councilmember Henry Davis Jr.: I went to the presentation at the Century Center. Yeah, I have paid attention to it, but the “we” thing is getting to me, because I am trying to figure out what is that “we want to see.” Could you enlighten me on what “we what to see.” Mayor Buttigieg: Well, in my view, the City of South Bend “wants to see” a more inviting downtown, a more livable, a more walkable and more dynamic downtown. I think that is a view that is shared. I think that most people in the City of South Bend want us to have more business growth. I think that most people downtown want to see that potential for residential growth in our downtown area accelerate with more options. I think that most people would want to be able to shop downtown, hang out downtown. I think a lot of voices have made themselves heard, some at the Century Center Meetings, some in the public forum such as right here in this room, some simply by sending you and me e-mails, or by grabbing one of us at the grocery store. I think that each of us has the best reasons we can for what people want, what people don’t want and where we really hope to be. I think that we have such a great opportunity before us to kick start downtown with one of the most powerful things that we can do something that seems to be powerful as you mention it that some of the communities that you have observed as well as some of those that I have observed as well around America. I would hate for us to miss that. Councilmember Henry Davis Jr.: Yeah, but we also had an awesome opportunity to do that with the Chase Tower, we had an awesome opportunity to do some of things with the College Football Hall of Fame. So this is why I am back here at this vision of understanding because most of these things are done within the context of comprehensive larger plan. When you begin to develop a process there is obviously a process of developing a plan. And I have not seen or heard of us adopting a new plan based upon the traffic. What is TRANSPO interest into this? How are they going to reconfigure making their routes or move about on the streets that are seemingly not as large as they once were? What does the traffic count become once these things do happen? The amount of enforcement for speed right or parking? How are we in a larger context of a comprehensive plan are going to be able to evaluate these things once, if these things do take fold. I have not seen those things. Now there is an adopted plan that has been there for many years now, but as far as you being a newly elected a couple of years ago, and you started on this venture, this is why I was asking why are you going so fast, I cannot prove to folks that are living in the neighborhoods that this is a part of a larger plan so, year 1, year 2, year 3, here we are. Right, so why haven’t we adopted more of a comprehensive plan that promotes all the things that are logistically apart of a downtown development plan? That includes the public transportation system, it also includes street parking, also includes garage parking, everything that deals with cars and traffic. Where’s that plan at? Mayor Buttigieg: So, I think you will find that with the meetings that have taken place and some of the materials that have been circulated since, considerable thought and analysis has been given to a range a transportation questions. Such as the very important one that you brought up parking and it is certainly right that we need to remain in steady dialogue with the public transportation system. Of course the City adopted a comprehensive plan a few years ago in terms of the City Plan, then we had more detail plans in terms of the specific proposals for the different streets and the different phases being contemplated. I think that any executive in City Government faces the need to balance wanting the perfect plan would want to get something done. I suppose if we were trying to have the perfect all-encompassing plan we would wind up with something that we might never quite finish. And in my experience there have certainly been different projects that have had a different ratio between planning and action. But I would argue that in recent years in our city, it’s not the case that we’ve had too much action and not enough planning. Relative to having a lot of plans sitting on the shelves and perhaps not enough action. 7 REGULAR MEETING OCTOBERT 28, 2013 Councilmember Henry Davis Jr.: I think that there is a happy medium between both of them. I agree, you know, I think that there is a happy medium between both of them, but I am not asking for perfect, believe me, I’m not. That would be requiring too much out of any human being on the earth. But what I am asking for is not dialogue, based upon my 34 years of experience on this earth, but what I am asking or is that I have a vision a picture that takes me from point A to point Z. When we are spending this type of dollars, when we are affecting these many people, when we are changing the way that we do business, it needs to be plotted down and in such a way that we can understand it. I have received like a lengthy e-mail from a business owner and it, had these things been talked about and directed in sort of a plan, like the one that you are doing with vacant & abandoned housing, right? Then we would not have this conversation. It’s difficult to say yes this amount of money affecting all the folks that live in this community and it’s not just the business owner’s downtown, it’s everybody. Because if this money is spent here it can’t be spent on Johnson Street, so we have to look at it in such a way that we can almost prove by some measurements that this is what is going to happen in the end. And I have not gotten any of that, no one has, no one can say that they have, it’s almost like we are going to spend big and hope for the best. Maybe we spend big and we lose or the worse, I don’t know, I don’t know that, so is there any pause in your level of readiness to give the South Bend taxpayers and even the Common Council more of an understanding on what is going on before we jump out there? Because again, if we jump out there, and it doesn’t work what do we do? Do we reverse it back another 11 million dollars, 7 million dollars, I mean what do we do? What the contingency plan? Henry needs to see Point A to Point Z. Henry needs to see a direct vision, analytical and numbers, maybe we can get there. Another thing that and the last thing that I am going to get on, you can get mad if you want to, but Chairperson White: Your questions are to the Mayor. Councilmember Henry Davis Jr.: I am. Chairperson White: So we can move forward. Councilmember Henry Davis Jr.: Here is over there commenting. Chairperson White: Councilmember Davis ask your other question, please. Councilmember Henry Davis Jr.: Thank You. Small business owners and grants, is there anything associated with small business owners and grants for the Smart Street Project, given the fact that they need to work with the small business owners? Mayor Buttigieg: So the infrastructure funding would not include a grant program for small businesses. But we do have of course other activities that go on, especially in the downtown area through DTSB to support small business. I believe that the broader policy of our Community Investment Department reflects the fact that we know most new jobs created in our city are created by small businesses. Councilmember Henry Davis Jr.: Thank you. Councilmember Dr. Fred Ferlic: Is part of your overall plan a corridor project also? Could you explain please? Mayor Buttigieg: Yes, that’s right. So within the Smart Streets package there is funding. There is funding set aside for addressing the corridors. The thought here is that the condition of those corridors not only concerns the people who live, work and travel on it, but really the whole city. You don’t have to spend one day on Lincoln Way West to be affected by the conditions on Lincoln Way West, because that is the first impression that thousands of people get as they make their way between the airport and another part of the community. So with the view for the need to do that, I think that we need to invest in the corridors and we made sure that this funding package includes approximately, and I will invite my colleague’s to correct me it I trip over any of the numbers, but approximately $2 million dollars to go towards that purpose. Now, I do want 8 REGULAR MEETING OCTOBERT 28, 2013 to stress that, that is going to have to have input, so we don’t have it all figured out, because doing that right, means doing with the people who live and operate businesses in that area. Councilmember Dr. Fred Ferlic: The people out there in the corridors mean what? Mayor Buttigieg: In this context we mean Western and Lincoln Way are the areas needed the most investment. Councilmember Dr. Fred Ferlic: Thank You. Councilmember Dr. David Varner: No questions at this time. Councilmember Oliver Davis: My comments first of all, I want to thank the Mayor for what he just stated regarding putting aside $350,000.00 toward the wells for the homes near the New Energy Plant. At this present time there are several neighbors who I see out there in the audience, could you at least waive, for living near the New Energy Plant, I see you in back, see you right there, there you are right there, I see you in the far back. And so the reason, I want to thank you, during this time because you all have gone through something. One of my neighbors back there water came through from December all the way until January and I want to thank you for putting that it. I want to thank the Council people for dealing with that issue. Could you just share a little bit for those you may have come in late what you are planning on doing regarding that again? Mayor Buttigieg: Sure and let me begin by thanking you for elevating the plight of those homeowners to the attention of the community as well as the administration. And, also stress and far as we are concerned that the homeowners who have been affected by the rising water table in the area around New Energy have done nothing wrong. It is not their fault that they are dealing with this situation in their basements. Thankfully now due to engineering intervention we have been able to temporarily ensure that there is no water coming into those basements, but I understand why any homeowner in that situation would expect certainty. So, having heard just how urgent that concern is, we would like to suggest that the Council vote on the amendment. The effect of that amendment would be to withdraw $350,000.00 from what is now allocated in the Loss Recovery Fund for Smart Streets. We think we can do that without compromising 2014’s work of activity in streetscapes. And we would do that in order to make sure that the funding is available for doing something about a permanent solution to the New Energy Area problem. Councilmember Oliver Davis: Thank you; because that permanent solution is what the neighbors have come here to hear tonight. We have suffered and I want to thank you again for that. Also regarding the corridors, especially, as a Council we passed a resolution for the Lincoln Way and Western Avenue Corridors and the built up on Western Avenue has been overlooked for a long period of time and could you elaborate a little bit more of what you would like to see done with those corridors in that for the Council. Mayor Buttigieg: One of the challenges that I think we have is that we have so many corridors, that past efforts have sometimes struggled because not being able to prioritize and target what they are doing. So we understood the Council would be sending a message with the Resolution that passed highlighting the need for action on both the Lincoln Way and Western Avenue corridors. I think on Lincoln Way and I don’t want to presume and speak too far ahead, because getting this right requires input. But as far as our vision is concerned I think that we need to ensure that the Lincoln Way West corridor has not only the kind of benefits we hope that it will be getting anyway from our Vacant & Abandoned housing efforts, but there is also something to be done about the streetscapes and business facades that form the way that it feels live and work in or near those corridors. With Western I think that there is a similar pattern but also considerable momentum already because of some of the small businesses that have been established for a long time near and past Walnut St. I think that there will be an opportunity to 9 REGULAR MEETING OCTOBERT 28, 2013 reinforce that and/or remediate some of the most trouble areas that remain along the stretch from downtown out to what is sometimes called the (inaudible) Councilmember Oliver Davis: The last part besides the wells that you have worked with and I’m thankful for that and the Western Avenue, part of our bus tour we talked about curbs and sidewalks, in terms especially when you look at the west side and a lot of this whole Kankakee issue that we have dealing with the wells, and dealt with the whole issue of muck out there, you see that with the curbs and sidewalks out there, could you share with our people out in the audience and the Council what your plans are again, reiterate the issue regarding the curbs and sidewalks. Mayor Buttigieg: Our goal is for everybody to have an adequate sidewalk in front of their home. Not every resident in the City has that right now. And that is true in many parts of town, one of the ones that I remember you bringing to my attention is an area where is really feels like seesaw, because of what is going on with the earth under there. We have extended the availability of funds for that, over $1 million dollars having listened to some of the concerns raised by Council about the prior level of funding not being enough. I want to offer truth in advertising, I don’t know if this will take care of the problem, we have much more work to do but we certainly recognize why we were asked to commit more to do something about and hope to be able to afford to expand the program and pick up our pace when it comes to deal with and what we acknowledge is already back log in dealing with those trouble curbs and sidewalks around the city and in our neighborhoods. Councilmember Oliver Davis: Again, I want to thank you for digging deep when it came to our wells issue, Western Avenue issues and then when it comes to our curbs and sidewalks because that is what our neighbors and people have been asking for and I want to thank you for listening. Councilmember Gavin Ferlic: Sure, I just want to say thank you to the Administration for its responsiveness regarding Council feedback and the budget and I think that it is represented very well in the list of amendments presented today. So thank you for your response. Councilmember Dieter: Thank you. Can you clarify about the streets are we still looking at dealing with William and Jefferson or are you looking for us to make a motion to take the others out? Mayor Buttigieg: Certainly not asking for you amend the package. Councilmember Dieter: I spoke with people under your administration and I thought we were? Mayor Buttigieg: Yeah, it is certainly adjusted from what we talked about in the first instance. I don’t know if Scott would you like to give a chance to reiterate for those from the public that are here and how you think that the different phases you think need to be appropriated for now. Councilmember Dieter: You can probably do that on Wednesday. Chairperson White: Wednesday, because we will make sure each Council person has the opportunity to address the questions to the Mayor and to anyone in his department that can address the questions. Councilmember Dieter: The motion would be if we were to amend that motion would be made on Wednesday? Chairperson White: Yes, that is correct. Councilmember Dieter: One quick, and I don’t know if Mr. Ford would have to answer that because you talked about changing and doing things everything in South Bend and I haven’t seen anything and I have read a lot that specifically says if we would do William and Lafayette that we would create jobs there? 10 REGULAR MEETING OCTOBERT 28, 2013 Mayor Buttigieg: When you do I think any kinds of investment for economic development especially at the infrastructure variety you don’t necessarily have somebody able to guarantee a number of jobs. What we do know from the recent coverage of downtown development is a lot of business investors saying that they want to make a no go; go/go decision and we will probably make couple more no go; go/go decisions about investing dollars and creating jobs downtown, its whether they perceive this two-way project to be on track. I certainly believe it is related to job creation. But we also recognize based on what we have learned by doing William and Lafayette, we may need to revisit and reconsider a different strategy. Councilmember Dieter: Because when I look at each of those as they are Williams Street, basically the only available property is Manor which lies on the east side of the street and when I look at that you know again in comparison to Wichita or whoever are great, but I am looking at William from Washington to Western, if we did this two-way what would go there? That’s what I am looking at. Mayor Buttigieg: I agree, and the more job creation that we are looking at would come from the more trafficked corridors. What better way to get a sense of that proof of concept than to do what I would describe as a no brainer street like William and Lafayette especially from where we are standing down the Four Winds at Coveleski Stadium has some businesses and the most properties that we all look to see have more vibrant retail on it. Councilmember Dieter: And the last question I guess would be for Scott. I thought the overall impression of doing the two-way would be to slow traffic down, is that what we are initially looking at. Mayor Buttigieg: One consequence is that traffic may not move as quickly we think that Councilmember Dieter: If we are doing William the way it’s lined up here you would go from Colfax all the way to Western without stopping and that to me creates a lot of speeding cars. Mayor Buttigieg: Yes, William is an interesting perhaps an exception. Because what we can do is that we can substitute those traffic lights, because you have people waiting for a red light and nobody around, you can put in stop signs. Councilmember Dieter: We agree on something. Councilmember Dieter: And then one last thing, one last thing would be Lafayette and I know Scott brought up some studies from one’s from (inaudible) and one’s 10 years old and then they look at the safety aspect I don’t think that they have a clue though of what would happen on Lafayette with two-way and if we get to Lafayette whether it’s this year or next year, where everybody comes across from the City Parking Lot, I don’t think any traffic institute study looks into everybody j-walking as everybody does from the City Parking Lot coming into the County- City Building. So you now will have to go across two-ways of traffic, plus you will have north bound traffic stopping to turn left into the City Lot, when we get to that point, maybe a cross walk with some flashing lights. That’s all I got for now. Chairperson White: As we bring this part of the Council meeting to closure as it pertains to Bill No. 45-13, I would like to say Mayor in regard to the Smart Streets it was indicated that we have $2.5 million dollars for the corridors. Is that $2.0 million now? Mayor Buttigieg: From that $2.5 I would set aside $200,000.00 that would account for the lighting and then another $350,000.00 for the wells at New Energy. Chairperson White: And also we have heard in regard to questions why the rush, looking at the Smart Streets, I am just going to try to summarize as we prepare for Wednesday’s meeting. Again, the Administration has acknowledged that they have been able to listen to the Council’s concerns which have given them the opportunity to adjust and reshape the budget as it pertains to this bill that is before us. 13 new businesses; community is wanting action; there was a question 11 REGULAR MEETING OCTOBERT 28, 2013 about the phasing in. In terms of Phase 1A; Phase 1B that the administration will be submitting an amendment to address the wells for New Energy; A question in regard to conversations with TRANSPO; Traffic Count, Enforcement for speeding, parking; a more comprehensive plan that would detail the dollar amount that is before us. These are some of the questions or comments that I have heard Councilmember’s and we can also refer back to the transcript of this meeting. At this time, we have others that have to move towards and you will have the opportunity on Wednesday. I would ask that you submit your questions to the Chairperson of the Personnel & Finance Committee, hopefully, by noon tomorrow and those questions can be directed to the Administration and have time for discussion. Councilmember Dieter made a motion to continue Bill No. 45-13 until the October 30, 2013 Special Meeting of the Council. Councilmember Schey seconded the motion. Chairperson White: That is not the correct motion. Council Attorney Kathleen Cekanski-Farrand: That is not correct. To continue Bill No. 45-13 in the Council Portion Only and have Third Reading at the Special Common Council Meeting on October 30, 2013. Councilmember Oliver Davis made a motion to continue Bill No. 45-13 in the Council Portion Only and have Third Reading at the Special Common Council Meeting on October 30, 2013. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Chairperson White: Again, I would ask Councilmembers that if you have any additional questions that you would address those to the Chairperson of the Personnel & Finance Committee and submit those directly to the administration as well. Council Attorney Kathleen Cekanski-Farrand: I would also suggest that Bill 45-13 is the General Fund and 49 other Funds; there are several recommendations that the Council had set forth to the administration so depending if those are going to be addressed in Dr. Varner’s committee meeting that you have those as well. Chairperson White: And that list that the Councilmember’s prepared hopefully each Councilmember has a copy of those additional areas of concerns. If not we can receive a copy from the Clerk’s Office. Councilmember Varner: I would ask if anyone who wants to submit to the Personnel & Finance Committee something for consideration, something in which you intend to for subsequent consideration perhaps ask for action on, that we have those by first thing tomorrow or noon at the very latest. I think that in order to get a reasonable response to that, I would like to know that everybody’s knows what is on the table. So, to that extent, if we can receive all of those in advance, I would be happy to see that they are made available to all the interested parties. Councilmember Oliver Davis: Madame Chairperson, when we send that by e-mail, to do a cc to the Council. Chairperson White: Yes Councilmember Dr. David Varner: I think that is a great idea. Councilmember Oliver Davis: That way it’s not just sent to Dr. Varner, but sent to Dr. Varner plus cc to the Council and our Attorney. So we can all have a clear understanding of what coming through. Council Attorney Kathleen Cekanski-Farrand: And I will make sure that the Administration receives a summary. Councilmember Schey: Point of order and the Clerk’s Office so that it is a matter of public record. 12 REGULAR MEETING OCTOBERT 28, 2013 Councilmember Davis: And the Clerk’s Office. Chairperson White: Dr. Varner would like to receive a motion regarding Bill 46-13. Council Attorney Kathleen Cekanski-Farrand: Again the proper motion would be to continue Bill No. 46-13 in the Council Portion Only and to set if for Third Reading at the Special Common Council Meeting on October 30, 2013. Councilmember Oliver Davis made a motion to continue Bill No. 46-13 in the Council Portion Only and to set if for Third Reading at the Special Common Council Meeting on October 30, 2013. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski-Farrand: That would include 22 Enterprise Funds. BILL NO. 58-13PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF GEORGIANA STREET, WEST OF BURNS STREET RUNNING NORTH FROM THE FIRST EAST-WEST ALLEY SOUTH OF NAPOLEON STREET FOR A DISTANCE OF APPROXIMATELY 54.5 FEET TO ITS TERMINATION POINT. 2. THE FIRST NORTH/SOUTH ALLEY EAST OF BURNS STREET, WEST OF DUEY AVENUE RUNNING NORTH FROM THE FIRST EAST/WEST ALLEY SOUTH OF NAPOLEON STREET FOR A DISTANCE OF APPROXIMATELY 56 FEET TO IT’S TERMINATION POINT Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. Mike Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill. Mr. Danch advised that they are requesting this vacation to allow for the development of the property on the south side of Napoleon Street into single-family attached townhomes. 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 Oliver Davis made a motion for favorable recommendation to full Council concerning this bill. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 53-13 PUBLIC HEARING 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 Councilmember Dieter made a motion to continue Bill No. 53-13 to October 30, 2013 Special Meeting of the Council. Chairperson White: Bill No. 53-13 we will need to have a Public Hearing on that. 13 REGULAR MEETING OCTOBERT 28, 2013 Councilmember Dieter: Second and Third reading. Chairperson White: Yes Councilmember Oliver Davis: We did not have a hearing on that tonight. Chairperson White: We did not have a committee hearing, so we will receive citizen’s feedback on Bill 53-13. We did not have a committee hearing. Councilmember Oliver Davis: We did not have hearing on that tonight. Chairperson White: No we did not. Councilmember Dr. David Varner: We had a hearing; we did not have public input at that time. So we are open to public input. Chairperson White: I would ask that we take action, Bill No. 46-13 will be continued in the Council Portion this coming Wednesday. At this point I would like to ask Mr. Voorde to please give second reading to Bill 53-13. Clerk Voorde: Read the title into the record. Chairperson White: Is there a committee report. I believe it’s a substitute bill before us. Council Attorney Kathleen Cekanski-Farrand: We need to accept it as a substitute. Councilmember Dr. David Varner: This is Bill No. 53-13. Chairperson White: Is there a motion to accept the substitute. Councilmember Varner made a motion accept the substitute version of Bill No. 53-13. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Chairperson White: Committee Report. Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee, reported that this committee held a committee meeting on Bill No. 53-13 this afternoon and voted to send it to the full Council with no recommendation. Chairperson White: At this time I would ask the presenter to come before the Council and we will be receiving information regarding the substitute version of Bill No. 53-13. Mayor Buttigieg: Every employee in the City of South Bend from the most Junior to the most Senior is expected to do more and more in an environment where there is often less and less in the way resources to work with. I have yet to meet any public servant here in the City that is in it for the money. But I do know that we also need to make sure that every public servant at every level in our government is adequately compensated and that were paying a fair salary and wages. And that we are keeping pace with what our peers are doing in other units of local government. This year’s salary ordinance which establishes the maximum salary allowable by law in any given position is going to reflect a number of changes we believe are needed in order to have a more internally equitable and externally competitive range of salaries and wages for our employees. So the range is from a zero percent increase to a 34 percent increase depending on what is most needed in any given job. The norm however, and what most non-bargaining civil city employees would receive under this ordinance is a raise of 2%. Now as I said some salaries specifically those which have the highest compensation set by an adjustment which we requested and the Council passed last year, will not receive a raise this year, including my own office. Partly because of the financial pressure that the city overall is under. But at the same time we need to make sure that those positions that have fallen far behind what is the norm in that particular position or similar position with similar responsibility are paid adequately. That’s why you will see based on two things city benchmarking by what I mean comparing ourselves to other cities in the area, and internal pay equity by which I mean making sure that we are paying people with similar responsibilities in the same administration can expect to make comparable payment. We will continue to look at every position at every level and now that we have an 14 REGULAR MEETING OCTOBERT 28, 2013 added level of capacity in our HR Department can continue undertaking analysis of wages and salaries to try to keep pace. And so while in the spirit of truth and advertising I can’t promise that tonight’s salary ordinance will leave us with a perfectly equitable outcome that is in line with where we think an ideal city would be. We do think that it will leave us a lot better than where we were last year and we feel some urgency about correcting this. I just want to note we took action largely because members of the Council last year when we were making the case for a handful of salary changes ask me I think the very legitimate question why are you only waiting until a position is vacant before you do something about the salary to that position. We heard that message and part of our response is what we are doing here. As you’ll see again across the direct reports to the Mayor so that the most Senior members of the City of South Bend Government, a number of people get no raise at all, but there are raises for a number of employees who we have found continue to lag behind their counterparts in other Indiana cities. The idea here is also to try to have a more equitable range of pay among those who are directly reporting to the Mayor. Under the current salary structure there is a nearly fifty or over forty thousand dollar variation between the best paid and the least paid director reporting to the Mayor. This is plus or minus ten thousand dollar difference. There are also not only directed at the director level that reports to the Mayor, but also aims to adjust salaries that are in some cases one level in, so at the sub department head level and there are a number of leadership positions especially in the Public Works field that we feel needs work. One thing that this salary ordinance does is creates a salary for a Deputy Director of Public Works a position we felt such a need for some time to bring us into the norm of having a number two or an executive officer for a department that has more than one hundred employees and a very large budget. As well as making sure that positions including the Water Works which is currently vacant and has been vacant for too long in paying competitively. I won’t take you through all of the comparisons that went into all of this although they have been submitted to the Council in raw data form. I do want to take this opportunity to illustrate what we are trying to do. And to take just one example, Chief of Staff in the Office of the Mayor, next year the year we are budgeting for is of course the third year that the Chief of Staff Position would be in existence and while the Mayor’s Office has shrunk considerably in personnel from where it was and in dollars from where it was even a few years ago. The responsibilities of a position like this have only increased. As you can see (on the Power Point presentation) on the bottom left we are currently at the back of the pack among comparable cities that we have found in Indiana with comparable positions. So if you look over here which is Ft. Wayne which is the best paying I believe around $122,000.00 over here on the far left you have side you have is our level of pay. What we are proposing is that we move from the back of the pack to the middle of the pack. So this is where the 2014 Ordinance would put us, basically in the middle, slightly below I would admit slightly below the Indiana average of the cities we evaluated, but certainly more competitive and more in line with what you see around the state. One question that was raised was whether this comparison might be misleading if we did not take into account of cost of living. So we did a little bit of research such as we could being here earlier today to get a better sense and what we have found is that the cost of living score in Ft. Wayne is 91.3 where in South Bend it is 90.1, so that could account for one or 2% of the difference but certainly not for the 80% difference that you would see here in the sense that you would have to raise today’s South Bend Chief of Staff level by about 80% in order for it to be the same as the counter-parts pay in Ft. Wayne. Evansville has an even higher possibility, and then again you could argue in this case 3% or 4% could be accounted for that, but that’s about it. Indianapolis 92.6 relative to our score of 90.1. Here again I just want to give you a sense of comparison right now we are close to the bottom of the pack in terms of the maximum allowable salary for the Park’s Director; it is higher than Evansville, but considerably lower than the Indiana average. We are trying to move it to the middle of the pack there, both out of fairness and to make sure that we retain and attract good folks for the job. Water Works I just want to linger on for a moment because hopefully I don’t need to press upon you how important the job or the person who is responsible for making sure that 100,000 people have clean safe drinking water is. It is a source of concern that this position has been advertised for some time and has not attracted candidates of the level of qualification that would be expected. We believe compensation has something to do with that and we believe moving to the middle of the pack will be an appropriate response that would make us more competitive. Chairperson White: You have the opportunity to ask questions. Mayor Buttigieg: Forgive me, I just wanted to take this opportunity to ask that if there are any further concerns or questions much like what we talked about earlier and would want that raised as soon as possible so we would be ready. 15 REGULAR MEETING OCTOBERT 28, 2013 Chairperson White: We agree as well. Councilmember’s at this time if you have any questions pertaining to the salary ordinance this is the time that you can address those questions. You will have opportunity after the public hearing to make any comments, general comments that you might on the salary ordinance. At this time you are addressing questions in regards to the information that we have received. Councilmember Dieter: Thank You Chairperson Karen White. Under the Public Works Leadership Team slide Cecil, they all fall under the Director of Public Works and you have five director jobs, what, can you tell me the difference between why they all wouldn’t be the same salary. Mayor Buttigieg: So, the way that the salaries were reached in terms of building this proposal was a mix of really two things. Part of it was internal equity, so that the reason why they stayed within a pretty narrow band. But the other is external competitiveness and we are trying to fit in with the benchmarking State-wide, and I think what we have found was that Water Works and Environmental Services roles are similar in their kind of work, and generally being compensated at a higher level than the other three areas. Councilmember Dieter: Ok, well again that’s what I talked about earlier with the talent manager if we could get some statistical data to build that up. Mayor Buttigieg: If you would consult the spreadsheet that we sent around it did have some of the comparable that we were showing. Councilmember Dieter: I haven’t got that one yet. So the talent manager position that you have, to show some data on that. Mayor Buttigieg: Yes, and I think she helped us get that data. Councilmember Dieter: If you can get it, I haven’t got it, so I don’t know where you put that yet. Mayor Buttigieg: Sure I would be happy to. Councilmember Dieter: I won’t comment now, but the other question has to do with, did you guys also when you were looking at this have a spreadsheet for the non-bargaining, teamsters, Police and Fire in equity of where they rate in the State of Indiana, when you compare these job titles to those jobs. Mayor Buttigieg: Yes, it’s a great point. Because again we want to make sure that when we say it’s important for us to be equitable around the State of Indiana that we apply that widely. So one of the arguments that carries the most weight of this Administration is that if there is any position where were shown to be far out of keeping with other municipalities we believe that most recent negotiations have moved the city in the direction in any case where we are behind of being in more a line with others and will continue as I think you had suggested earlier a good role that the talent manager might be able to play to help us get even more data analyzed in order to make sure that we are in line at every level of the City. Councilmember Dieter: Because if you are going to do that for everybody here, you got to go across. Thank you. Councilmember Gavin Ferlic: No questions, thank you. Councilmember Oliver Davis: Thank you. I want to thank you for looking at the cost of living adjustments which I had asked this afternoon. Also along those lines when you consider comparing us to the City of Indianapolis, and to the City of Ft. Wayne, Ft. Wayne is the whole county of Ft. Wayne, and of course Indianapolis is just big Indy, and so have you given some thought to the fact that when you consider the population size of South Bend, we are at roughly 107, 000 and we only cover parts of St. Joe County where all of Ft. Wayne covers all of Allen County and of course Indianapolis with their Uni-Gov set up there is a different kind of organization when we looking at apples to apples even though we are all City Government 16 REGULAR MEETING OCTOBERT 28, 2013 Officials it’s a little bit interesting. There is not the exact fit, but I understand the purpose. What are your thoughts when you as you look at that and I have another couple of follow-ups? Mayor Buttigieg: I think that we are always challenged in trying to make it true apples to apples comparison and the point is well taken. Ft. Wayne and Indianapolis are both larger cities and in the case of Indianapolis it is also governed by the same unit of government as the county itself. I think that is part of why we try to go for a little of that strategy. So instead of saying we should be just like Indianapolis or Ft. Wayne we are trying to make sure that since we are in the middle of this pack in terms of population, size and responsibility then we also be in the middle of this pack in terms of compensation. Councilmember Oliver Davis: Ok. Another issue that we have to look at in terms of with the Water Works, now we say that we have not been able to attract anybody, we currently have somebody who’s in the acting role now don’t we not. Mayor Buttigieg: Yes, just to be clear we continue to have an outstanding Water Works team that is making sure that we all get clean safe drinking water. But they sure deserve some certainty on that leadership question. Councilmember Oliver Davis; Ok, the only question that I have since you just shared that we have an outstanding team, without divulging and personnel issues and that kind of concept I mean if we already have an outstanding team and the Water Works is already going well, and we already have somebody who’s acting at the level that they are already doing, just a thought that comes in why not reward good work with good work and good work with good pay and whoever is local that is doing it, is doing a good job they maybe from here and may have worked their way up and they may not have necessarily come from some of the well-known places, but what are your thoughts of this in adjusting their salary to give them something but at the same time having this huge search when somebody actually continuing to work on it and doing a good job. Why not take care of home. Mayor Buttigieg: I think anytime that we have a vacancy or somebody in an acting role it brings up the question of how long is appropriate to keep that going. Councilmember Oliver Davis: Especially when they are doing a good job! Mayor Buttigieg: without anything bad happening. But at the same time you know its one thing to keep things right side up for some period of time, and another to do some of the work that goes beyond day to day production, it’s associated with leadership. I will let Public Works Director Eric Horvath tell you how things are going in the Water Works Department. th Eric Horvath, Director, Public Works Department, 13 Floor County-City Building, South Bend, Indiana: Your point is well taken; we have got an Interim-Director there that quite honestly does not want to continue to be in that role. Has served us very well, but has continued his role as net- work engineer that we have kept open in the meantime and there are significant needs there that need to be addressed in terms of overall operations of the Water Works Facility that we need to make sure that we continue to address so that we don’t get behind. And it is obviously a very important role whereas the Mayor had pointed out that we have got over 120,000 customers that you are responsible for providing clean safe drinking water to and that 6.1 billion gallons a year and not 1 of those gallons can have something wrong with it. So we feel that it is very important to have a Director that has got a safe drinking water background that understands treatment and will make sure to provide clean safe drinking to our residents and at the same time get the Interim-director back to his role of net-work engineer so he can start looking at the distribution system making sure that we have adequate pressure and meet the demands of the system, Councilmember Oliver Davis: Ok, since you are right there. My last question is to Eric, is that could you in a nutshell define your need for having a Deputy and I know what you see that roll and helping your role to get the well up faster whatever, I mean tell us about that please. Eric Horvath: To the Deputy Director Position? Councilmember Oliver Davis: For your own department. 17 REGULAR MEETING OCTOBERT 28, 2013 Eric Horvath: Yes, we had discussed this before and I think my belief is that it is very important to have a Deputy Director Position because we have so many diverse work functions between taking care of the Water, Waste Water, Sewers, Streets and the largest capital plan in the City’s history, Solid Waste, Central Services, with over 1,000 pieces of equipment and the need is there for making sure that we continue to look at day to day operations and our (inaudible) is engaged and continue to finds ways to perform better. To provide a higher quality for our residents but also to find ways to operate more efficiently and there is also a need to continue to do things like assess vulnerabilities, more planning, strategic steps, looking for new customers, creating plans for growth, things like on the water side determining the least cost source of water that the Director will have some time to do with the Deputy taking things and looking at things like efficiencies in the system like pump issues and how do you have efficient pumps, how do you have more efficient operations, taking 10 hours shifts and making them 8 or 12 so that we can provide staff work to provide the same value. So, you know I can give lots of example, but the bottom line is, I think that there is specifically to have somebody very focused on day to day operations and employee engagement and continuing to work on performance, employee performance and also somebody in this role who is looking at strategic vision and growth and long term planning for the city. Councilmember Oliver Davis: How are those activities being done now? Eric Horvath: We are doing the best with what we’ve got. And I’m here to tell you that I don’t think that we are doing an adequate job. You can only do what you can do, and you can get to what you can get to and there are things that we would probably love to see done in the City, that you just can’t get to because there isn’t enough manpower. Councilmember Oliver Davis: Thank you sir. Councilmember Dr. David Varner: Several times in the discussions the Mayor mentioned to the Council to look at the salary and equity issues and I just wanted to make clear that those discussions have been actually going for probably several years prior to that, because I believe we have identified what we considered were some inequities at the time. At least for my attention and I can only speak for myself that it was within the salary structure that existed and we weren’t necessarily looking at other communities to see what they were paid, so that is certainly a step that has been taken further what I think beyond what our request ‘s were. For the sake of clarity, my understanding going forward was equities within the existing salary structure now modified. Councilmember Dr. Fred Ferlic: No questions. Councilmember Schey: No thank you. Councilmember Henry Davis Jr.: You know that I expressed earlier I wish that all of these things changes should have been made last year or the year before, when all the other increases were made. I go back to the letter that was written to me, I don’t know who that person was. The level of morality with some of the employees of the city is maybe the way that they are being valued as employees. We do understand that folks need in order to get the recruitment that we are looking for, we need to increase the salaries, but when you increase them high like that, you know at one pop, it causes attention to other workers. Now, could we do that for every worker, no, there is no way possible could we do that. But, in being responsible and the way that we are doing it to make sure that we keep good worker moral and to continually ask to increase salaries over and over again and thinking that something is going to happen miraculously, I just think it is a bad way of governing. Will this be the last one? Are we looking to increase anymore salaries? Mayor Buttigieg: Well every year there will be a salary ordinance. Councilmember Henry Davis Jr.: Right, but what I am asking. Mayor Buttigieg: Yeah, I certainly wouldn’t stand here and guarantee to you that for example no salary would be raised more than 2% in the future in this administration. I do feel like this would get us a lot closer where we need to be in terms of these positions. But we are probably going to find out that there are other positions especially if they are more junior positions in the city, 18 REGULAR MEETING OCTOBERT 28, 2013 where we see that kind of disparity. If I would find out that any position here would have to be raised by 80%, to get to an equivalence of what they are paying in Ft. Wayne I would be worried about that and I would be standing right here in front of you asking to fix that one too. I guess that the honest and simply answer to your question is no. Honestly, I can’t remember the way that you asked the question. Councilmember Henry Davis Jr., I am following you, I got you. And so the other thing that I wanted to ask and you can stop me before I ask the question, I think that we need to reach our level and not Ft. Wayne’s or Indianapolis’s level. I think South Bend is unique is a lot of different ways, and so when we try to compete with other markets that potentially have a little bit more than we have, it makes us, we spend a lot of energy that may not necessarily be needed to be expended. I think that we need to concentrate basically on what our level should be, not what Ft. Wayne’s is, Anderson, what our level is and what do we have to offer to get the new talent in here. What is it that we can offer? I ask earlier about the EEOC report from last year and I talked about that last year, about the percentages of women, men, minorities, versus Caucasian, the percentages, who’s working where not necessarily asking you, you know whose name needs to be in this spot, but in case of percentages and looking at fairness. What and how are we being fair and making sure that our city workforce is mirroring what we see out here today. So in all fairness when we are increasing these salaries and we are doing all of these things and attracting all these new talents to the city are we doing it in a manner that appears to be fair to the population that is expecting us to do things in fairness and where are the numbers. Because I asked for that earlier but I haven’t received it and I am going to stay on that point because I think that we need to change a lot of what we do and who we are employing based upon gender and also race. Mayor Buttigieg: So I know that when we were in the committee meeting around 5 or 6 I made a commitment that we would get the EEOC numbers. I don’t know if those have gone out yet? Those will be ready by Wednesday, okay. Because we do want to have a city workforce that better reflects the city that it serves. I will say since I stood here about a year ago or more asking that some salaries to be adjusted, I am pleased to see that we seem to be making progress. If you look certainly at the folks that I have brought in since we first came here for city salaries increases just at the more senior level in terms of direct reports personnel in the Mayor’s Office and Department Heads. If I am doing the math right in my head, about 80% of those hires are women or minorities or both. I certainly acknowledge that we got a lot more work to do as a city when it from the least senior to the most senior person here in making sure that we better serve our community. Councilmember Henry Davis Jr.: So your new hires are about 80%. Mayor Buttigieg; Between Department Heads and Mayor’s Office personnel. I will make sure that we can compute that and send that to you. Councilmember Henry Davis Jr.: This is the other thing, since you brought or raised point, because I was just stuck on this bar graph or this part of the pie chart, if that is the case, then I would like to see at what level are these changes being made what is management or is it just a laborer or at a department head level. Because I personally have not visualized or seen these new people looking different than what the workforce did prior to them coming. I’m not here every day, but I am here a lot, and I have not seen that visual. So I would like to see that on numbers and on paper where this is happening at. Because again, the argument came earlier from the Police Department and Fire Department and their work in establishing ways of recruiting. But the Police Department was like at a 250/240 officers, you have probable 30 or less than 30 folks who are of minority, women, the whole total nine. So, how do we get new hires, I just want to see it. I really do, I need to see that because that was like almost like completely off the map in comparison to what the city make-up is. Councilmember Scott: Thank you madam chair. Just all I want to say quickly is I have receive way too many e-mails from Eric Horvath at 2 a.m. in the morning and I am not exaggerating, I understand what he is talking about, 2 a.m.; 1 a.m., so that assistant position that I think is crucial and we have to look at being competitive and so that is all I have got to say. And I reiterate what Dr. Ferlic said this afternoon in committee. 19 REGULAR MEETING OCTOBERT 28, 2013 Chairperson White: At this time we will move to the Public Hearing Portion. I am going to ask our Council Attorney to share with the public how this portion of the Council meeting will follow in regard to Substitute Bill 53-13. Council Attorney Kathleen Cekanski-Farrand: Any member of the Public who would like to speak on this bill before the Council we ask that you give your name and address and if you are speaking in favor those will come first immediately after that portion anyone who wishing to speak in opposition to the bill would then also be given a maximum of 5 minutes per individual. There would be the right of rebuttal immediately right after that. st Chairperson White: Thank you so much. I am going to ask 1 District Councilmember Scott to monitor the time. Councilmember Scott: I will give a one minute exit warning. Chairperson White: At this time we are at the public hearing portion. Is there anyone present wishing to speak in support of Substitute Bill No. 53-13. We do ask that you come to the podium at this time. The following individuals spoke in favor of this bill. Richard Nussbaum, Attorney at Law, 210 S. Michigan Street, South Bend, Indiana: I have also been a 40 years resident of the city living at 225 S. Sunnyside, just down the street. I am here for two reasons, first, I want to express my own viewpoint, but I also want to read a letter that I have been asked to by Andrew Berlin, as you know is the new owner of the South Bend Silver Hawks. I mentioned that I have been a long time resident a long time practicing attorney in this town and have been very fortunate because I have been able to serve in both public and private sector. I served as City Attorney for a period of 11 years, and I want to make one comment with regard to that position. It’s a very important position and something that I was honored to serve as City Attorney and I will tell you right now that we have a young person, an African-American women, who I have been able to get to know who is serving as our City Attorney and I can tell you that is a position at the highest level, and I think that the city is very fortunate to have her in this position. I have also been able to interact with a number of people in the public and private sector who have great characteristics of leadership and have been very successful both in the private and public sector. One category that is true across the board is that we have been able to assemble great teams. I think that is the real purpose behind this request that the Mayor is making is so that he can assemble the best team he can for the citizens of the City of South Bend. So having said that I would like to read this letter from Mr. Berlin: October 28, 2013 To the esteemed members of the South Bend City Council, I am writing in support of the government’s proposal to lift compensation for select city executives. I believe we need to increase rewards in order to recruit, motivate, and retain a caliber of talent necessary to deliver the level of service and services South end deserves. Over the last 26 years, I have led multiple businesses, and I am convinced that no organization can succeed without the right personnel. Indeed, businesses, organizations, and governments have great ideas everyday – but it takes excellent people to turn these ideas into reality. There needs to be a reciprocal relationship between an employee and an employer. An Employee must deliver many things – a strong work ethic, productivity, innovation, loyalty, and teamwork. In exchange, the employer in this case, the City of South Bend – must provide leadership, a change to grow, and training along with competitive compensation. I have seen the data that shows that the salary levels for several South Bend executive positions are dramatically below relevant benchmarks. This gap means the reciprocal relationship is not in balance. As a result, my experience tells me we will be unable to retain the right team or motivate our team for maximum productivity. 20 REGULAR MEETING OCTOBERT 28, 2013 In my businesses, people are the most important asset, and I have succeeded by investing in the best people. I hope the City Council sees the wisdom in also investing in their important people assets. Thank You, Andrew T. Berlin Chairman & CEO, Berlin Packaging Chairman & CEO, South Bend Silver Hawks Chairman & CEO, Berlin Aviation Limited Partner, Chicago White Sox Commissioner, Glencoe Public Safety Commission Doug Anderson, 1733 Stockard Place, South Bend, Indiana; District 1, I wanted to come up and give my support of the salary and compensation that the City Administration is submitting. As was previously mentioned there was in the archives of the South Bend Tribune you can find a story about Mr. Berlin and how he has built successfully organizations and it truly does start with valuing your people. I do believe that this information is going to be very valuable in helping the City of South Bend to continue to attract and motivate to be the best level city that it needs to be. I know that the Council is interested in in a lot of data, and it is very easy to ask for data and become wary and disillusioned and lost in the data, but these you are our elected officials and we have to take your recommendations on merit and move this forward. Getting the best people is very important. Thank you very much for your time. Robert Ducoffe, 14281 Partridge Dr. Granger, Indiana, Dean, of the Business School at Indiana University at South Bend, the main point that I would like to make is that we have an ideal system for compensation but simply because we know how important it is to pay competitive salaries. In the business school at IU South Bend we hire specialized professors our salaries are publicly available, candidates interviewing for jobs can easily compare and our experience has shown us that if we don’t pay reasonably competitive salary we simply can’t hire more qualified professor and without this we can’t offer the high quality programs that our students and community expects us to offer. In the area where I work there has been a tremendous growth and demand in business of higher education and there is a shortage of professors and the salaries have gone up as a result tremendously. So for example when we hire a new professor who maybe in his or her late 20’s it’s quite common for an individual like that, that we hire to be paid more than a professor that has been serving IU South Bend for 15 or 20 years. At a previous university that I worked at I worked for a very, very well-known professor who used to joke if he had to he would prefer to die than come back as a junior professor. Of course nobody likes this, but we do it because it is necessary, we pay competitively in the short-term to hire talented people and we hope in the longer term that we will be able to grow and prove our knowledge because if we do that, then the chances are greater and all of us will benefit in the longer term. Of course there is no guarantee that, that occurs what we do is we use a small portion of the raise pool each year to redistribute based on equity so that the high performers get additional just compensation over the years to adjust the inequities. I appreciate the opportunity to address the Council. Thank You. Valerie Kraus 4207 Norton Drive, South Bend, Indiana, prior to that I was up in Harris Twp. For about 12 years. By profession I am a compensation analysts and performance technologist and organizational development specialist. As my colleague from IUSB brought up but one thing at a university is that a university position is an independent market in itself. So let say you are going to go court, when you toss it out in the market place it is based pretty much on that individual. The jobs that we are talking about now I do support paying more for certain jobs but City Council, I have been following you guys for quite a while in terms of your pay structures and you have a totally collapsed pay structure across the board. In addition to having a (inaudible) in the market place. It is not as easy as the fix we are talking about right now. You don’t want to explicitly look at individuals, and when you come to time in position, one of the things that is important is if your salary structure has not kept close with the market it’s going to look like you pegging it to John Smith who has been in the market in that position for 20 years 21 REGULAR MEETING OCTOBERT 28, 2013 and it’s an equity issue. Mr. Scott you had talked about not individuals but plans, usually what you need to do is you have to look at your whole salary structure when I go on-line and do some research a lot of the municipalities have their whole salary structure from level I all the way to the Director of the Water Works published, and you have a start rate, you have a mid-point, and you have maximum. The people who are at the maximum might already have been there 20 years and that might be red line position that every year you have a market adjustment and if you are at least meeting your market you are going to go up for whatever that market adjustment is for that position. And that is what has not been happening. I know for a fact that some of our bargaining units that are 20 years veterans Mr. Mayor who are making $2,000 in supervisory positions of your person first walking in the door. That is a huge equity problem and as a taxpayer City Council, I have advised other City Council’s in the past on other issues that could cause you a legal issue at some point in the future when people catch up, because it’s only a matter of time when somebody who has been there for 20 years is going to see someone walking in the door with half their credentials getting paid the same in a regular size structure. And you need to determine what your relative market is and with a lot of these jobs you are going national, or even at least regional. So if at all any of you in your position are advertising in a professional magazine, it’s national, so what is your relative market, so it really doesn’t matter if it’s Ft. Wayne, or at cities the same size, or cities with your same dynamic as your city and you have to decide how you are going to pay people within that organization. There are ways to catch people up. When I was at Penn State at a time there were cutting funding at legislative level to the universities and each department was having to do give backs. They actually, one of the schools that they had dropped from being at the top of the pay scale they were at the bottom in their national market, they were giving incremental increases to get people up to where they needed to be, so it’s a long discussion. I would be happy to meet with any one of you. I do support what the Mayor’s trying to do; I really think you are making a lot of problems in the way that you are doing it. Because you need to say what is your job evaluation system, for instance we used to use hey I don’t know what you are doing? I did a ton of evaluations where you transferred from one job evaluation system to another job evaluation system, using benchmarks. Please City Council think about how you are doing what you are doing, I think it’s a great idea because you’ve got a lot of people that you need to bring more up to speed and it is going to affect the performance and the future of the City. Thank you. The following individual spoke in opposition. Rev. Greg Brown, 1238 Diamond, South Bend, Indiana: I don’t agree with this. At one time we were rated as being a dying city. Now we are bringing in people with less experience and we want to give them a raise. This administration has not brought in any new jobs. We are steady taking out of the city, what are we putting back into the city? You see a lot of things going on, in the paper, round the paper and this, but we are going to pay people, we had a lady, I’m not going to call out her name worked on the job 12 years, is no longer on the job, but we will take somebody with less experience and put them on the job. Getting rid of people that has been doing a good job but they are still not on the job. But then we will go out of our community, out of our region and compare us to other cities. If we were that concerned and doing so well, we would have not been listed as a dying city. South Bend does have potential, you can compare us to Mishawaka, you don’t hear that, you hear Evansville, you see where we are currently at, we’ve been there, because we don’t have a scale, we don’t have a true scale, so we are asking you folks to do something quickly. You always want to do it fast but being fast is not about a black thing, or white, it’s a right thing. Put the people in right job at the right time for the right reasons and we can pay them equally. We can pay them what they deserve, but if we are going to take one department and merge it together to save money on one end, and then on the other end, we got these scales that go through the roof and we are going to change the city immediately, that’s not the way it is done. Thank you. In Rebuttal, Mayor Buttigieg: I will be brief, I want to thank everyone who expressed interest and concern and agreeing with the statement that our work is not done. There is certainly more 22 REGULAR MEETING OCTOBERT 28, 2013 work, research and analysis that must be done. That as President Dieter pointed out that we are better equipped to do because we have a talent manager in the HR Department and will continue to look at just not these positions but at the overall salary structure for the city. And of course it won’t be possible to adjust any part of that without the partnership of the Council. Councilmember Dieter made a motion to continue Substitute Bill No. 53-13 until the October 30, 2013 Special Meeting of the Council. Councilmember Oliver Davis seconded the motion, which carried by a voice vote of nine (9) ayes. Chairperson White: I do know that some Councilmember’s had a comment. We do have a motion on the floor. I am going to ask those Councilmember’s if you would be willing to submit those in writing to all your Councilmember’s as well as the administration. I would like for you to do the same as we requested for the previous bills and that you get those to the Council and Administration by noon tomorrow. Councilmember Henry Davis Jr.: No Chairperson White: So we do have a motion that has been made and seconded and at this time I will ask that all those in favor of the motion may I hear your vote. The motion carried by a voice vote of nine (9) ayes. Chairperson White: All Councilmember’s still have an opportunity to address all of your concerns and questions, but the goal on Wednesday is to take action on the bills that are before us. If you have some additional questions, comments that you would like to make sure that you are heard and part of the record make sure that you cc those to John Voorde as well, so they will be part of the record. Councilmember Henry Davis Jr.: Well sure, Chairwoman, that is great and I keep going back after this, is our heavy handed approach in trying to be fair, and streamline really does a disservice to our dialogue when we are supposed to be debating issues on the floor. I know it can get late and we can be here until 2 o’clock sometimes or what have you. But the job that we are supposed to do is not supposed to be done through e-mail, a conversation at the water fountain, it’s supposed to be done out in the public and in the open. And so the value of that gives other folks that may be he sitting the opportunity to learn something different and to be able to do something different and to be able to debate these things in the best interest of the city. I’m not against requiring folks to a have a certain amount of time to talk, or any of those things. But when we are in the interest of the city’s business we should be allowed to and I can be allowed to do what is necessary to make sure my end result myself so that I think the best possible vote for the folks that voted me into office. We can’t continue to restrict Council conversation because somebody has to go to a part-time job or somebody has to work in the morning. It’s just what it is, because I think that we work better when we have those conversations openly and honestly out in the open instead of instead of sending all of these e- mails that get answered, may not get answered and forgot what we are even talking about. Chairperson White: This is the first time as Chairperson of the Committee of the Whole has asked Councilmember’s to submit any questions or concerns. We have had a number of budget meetings and throughout the whole process I would say that we started probably in August and I am going to ask our City Clerk to identify the number of meetings that we have had. We know that we have to take action on the budget this coming Wednesday, we will either vote it up or vote it down, but through no way that I as Chair of the Committee of the Whole that I tried not to allow Councilmember’s the opportunity for input and to have discussions and again as we try to move forward that does not mean that on Wednesday, that Councilmember’s will still have the opportunity for input throughout the process so again. Councilmember Henry Davis Jr.: I am not coming down on you, I’m not playing, I’m not saying that you are, I’m talking about the atmosphere and the culture that has been set this whole entire year what the committee times and even like you’ve got 5 minutes, you’ve got 1 minutes, it’s 23 REGULAR MEETING OCTOBERT 28, 2013 just really restrictive when you are trying to have a positive and progressive dialogue, it’s very restrictive and then you have people blowing on your end of the table or you know whatever. It just creates an environment that is very contentious and does not allow for the democracy or the republic that we are in to be given its full value. It is a constant thing. Chairperson White: Again, your comments, your concerns are so noted and again as we move forward my goal has been to allow everyone opportunity to address, to ask questions, and to make sure that those questions are heard at the most appropriate time, but again, Wednesday is the timeline which we will have the committee meeting at 6:00 p.m. and then actually meet as a full Council at 7:00 p.m., that is my understanding. Councilmember Schey: 6:00 p.m. Committee and 7:00 p.m. Council. A notice went out? Chairperson White: Yes, that is correct. BILL NO. 54-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2014 Councilmember Dieter made a motion to continue Bill N0. 54-13 to the Special Meeting of the Council on October 30, 2013. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Chairperson White: As requested by the petitioner. Councilmember Dieter: Yes, ma’am. RISE AND REPORT Councilmember Varner made a motion to rise and report to full Council. Councilmember Scott 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 8:49 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10262-13 AN ORDINANCE 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 third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a 24 REGULAR MEETING OCTOBERT 28, 2013 voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10263-13 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1. THE FIRST NORTH/SOUTH ALLEY EAST OF GEORGIANA STREET, WEST OF BURNS STREET RUNNING NORTH FROM THE FIRST EAST-WEST ALLEY SOUTH OF NAPOLEON STREET FOR A DISTANCE OF APPROXIMATELY 54.5 FEET TO ITS TERMINATION POINT. 2. THE FIRST NORTH/SOUTH ALLEY EAST OF BURNS STREET, WEST OF DUEY AVENUE RUNNING NORTH FROM THE FIRST EAST/WEST ALLEY SOUTH OF NAPOLEON STREET FOR A DISTANCE OF APPROXIMATELY 56 FEET TO IT’S TERMINATION POINT This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4291-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE NEAR NORTHWEST NEIGHBORHOOD QUALITY OF LIFE PLAN WHEREAS, in 2006, City Plan, a comprehensive plan for South Bend was adopted by the Area Plan Commission of St. Joseph County and the Common Council of the City of South Bend, which recommends that area-specific plans be developed for portions of the City to provide strategic directi0n in the future growth and development of that area; and WHEREAS, the Near Northwest Neighborhood, Inc. has undertaken the responsibility to prepare a Quality of Life Plan for the Near Northwest Neighborhood of South Bend; and WHEREAS, the Near Northwest Neighborhood Quality of Life Plan contains goals and action steps identified by the Near Northwest Neighborhood, Inc., Near Northwest neighbors and stakeholders in order to improve the quality of life within the neighborhood; and WHEREAS, the City of South Bend wishes to encourage residents to develop and implement plans that will have a positive impact on their neighborhood and the broader community; and WHEREAS, this Resolution supports the goals and aspirations expressed by the Near Northwest Neighborhood in its Quality of Life Plan, but any funding or staff support of specific terms or programs within the Quality of Life Plan will require separate review and budget appropriation consistent with South Bend’s overall needs and funding availability; and WHEREAS, the Near Northwest Neighborhood is comprised of those properties that lie within the following boundaries: St. Joseph River to the east & north, the railroad tracks to the north & west, and Lincoln Way West & LaSalle to the south; and WHEREAS, the Near Northwest Neighborhood Quality of Life Plan, which is attached hereto and incorporated herein, contains elements necessary to strategically improve the quality 25 REGULAR MEETING OCTOBERT 28, 2013 of life in the Near Northwest Neighborhood, and is appropriate and in the best interest of South Bend and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I: That the Near Northwest Neighborhood Quality of Life Plan, a true and complete copy of which is attached hereto and incorporated herein shall be and hereby is approved. SECTION II: That any funding or staff support of specific terms or programs within the Near Northwest Neighborhood Quality of Life Plan will require separate review and budget appropriation consistent with South Bend’s overall needs and funding availability. SECTION III: That this Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic, Chairperson of the Community Investment Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Pam Meyer, Director of Neighborhood Engagement, Community Investment Department, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana: On behalf of the Department and Partnership with the Near Northwest Neighborhood, our department is pleased to recommend the passage of this Resolution and commend the NNN for doing this quality of life planning process. We are pleased to be a participant in as much as we could be and I am only one of a couple of more presenters. I will turn this over to Karen Ainsley, who is the Executive Director of the Near Northwest to share more details with you. Councilmember Scott: I would like to make a disclaimer I am connected to the Near Northwest Neighborhood Association, Karen Ainsley is my wife. There is no monetary value in this Resolution, therefore, by Counsel I can vote on it. Karen Ainsley, Executive Director, Near Northwest Neighborhood, 1007 Portage Avenue, South Bend, Indiana: We are very excited to be before you tonight. This process that we went through it over a year’s work of work with neighborhood residents. You will hear a little bit more from Rose with IACED as she kind of takes the lead and talks to you. We were very fortunate that the Indiana Association for Community and Economic Development is the one who actually gathered the information that we got from neighbors and put it in to this beautiful file that we have before you. We were really lucky to have neighbors go out and get trained and talked to over 130 different residents, go out and interview them, come up with concerns and things that were on their mind and from that we created a vision as well as we created some action planning strategies that Rose will talk to you more about. So we are just happy to be here to share this with you and ask for your approval and adoption of the plan. Rose Skobel, Director of Capacity Building, Indiana Association of Community Economic Development, 202 E. Market Street, Indianapolis: I am here tonight to talk about the exciting work that the Near Northwest Neighborhood has been engaged in over the past year. This work has been part of a larger body of work known as comprehensive community development in which informal leadership and formal leadership the institutional, governmental and private business stakeholders in the neighborhood come together to find an achievable vision together that they can share and move the neighborhood forward. In this work the human and community development work typically housing development, social services agencies; schools and park & recreation; families; transportation; all of these things come together with a quick little economic development framework of creating jobs and wealth in the community. Everything comes together around a shared community vision and then organizes and decides the process that is used for developing a quality of life plan. This process has been done in roughly a dozen 26 REGULAR MEETING OCTOBERT 28, 2013 neighborhoods in Indianapolis. A neighborhood in Ft. Wayne and one currently in Elkhart and Evansville are currently engaged in the work in addition to the work being done nationally. The Near Northwest Neighborhood started about a year ago, with leader training, then engaged in those 130 one on one interviews, hour long interviews where people from the neighborhood asked people from the neighborhood what are the strengths, weaknesses, opportunities in the neighborhood and recorded that. That complied information was shared in a kick-off meeting report back session then that led to a visioning event where people were able to generate ideas around specifics themes that came out of the interviews. Action planning teams were formed and spent the entire summer working to draft goals, action plans, that became the quality of life plan and at the beginning of this month, the Near Northwest Neighborhood celebrated their roll out which is the end of the beginning. Their work has only just begun and then they can begin the implementation and evaluation of their plan on an on-going basis. (She noted to the Power- th Point Presentation) As you can see it has been a year, it was November 10 last year when we started the process with interviewing training. Took a slight respite for the Holidays, and hit it hard with the interviews early in the year and the report back was held in March, visioning in May, train the action team chairs in June about the smart goal framework and the action planning that they would be using all summer working on it. We reviewed the draft plan in September and as I mentioned it rolled it out in October. At each of these points there was more and more engagement by people in the neighborhood participating in their planning process. (Referring to the Power Point); a couple of pictures of the different events going on. Jim (inaudible) from the Institute for Comprehensive Community Development was involved in the beginning to kind of structure how this work was going to be done and then turned it over to resident work. It was residents that did the remainder of the work throughout the process all they through roll-out and voting to support their plan. The vision is kind of likely, but can be summed up in the last sentence; The Near Northwest is a neighborhood of choice that is seen as a highly desirable place to live, work and play. There are six goal areas in the plan connections in communications, quality housing, economic opportunity, redevelopment, safety, infrastructure and connectivity and youth and families. This covers the holistic comprehensive range of issues that need to be addressed in the neighborhood for the residents to believe that it is a neighborhood of choice. She stated that she is not going to go over the goals that are in the plan. The action plans are very detailed as well, but in connections in communications developing block captains for positive interactions establishing the landlord contact list is improving communication between the neighborhood, the residents and the landlords. Under quality housing, looking at our comprehensive redevelopment initiative and improving 95 properties in census tract 6, looking at the knowledge base of landlords and tenants and making sure that they understand their rights and responsibilities and can improve rental properties and improving the appearance of three to five structurally sound properties each year. Economic Opportunity and Development engaging in the city’s initiative for Lincoln Way West which is the southern border of the neighborhood. Adopting a Portage Corridor vision plan with a particular focus on Golden Avenue and Van Buren. Restoring the Ford Distributing Building to affordable rental housing and first floor commercial development bringing that property back into active use. Creating a neighborhood safety campaign, porch lights, awareness, and crime awareness training seminars for residents, infrastructure and connectivity looking at walkability between the neighborhood which is adjacent to South Bend’s downtown and the downtown area itself, improving bike and pedestrian safety at key intersections. Also improving the character of the neighborhood and establishing a tree planting program part of that character building sort of activity and then sidewalk and curb hazard repair which is something that was discussed earlier. Youth and families; engaging the youth in structured activities and promoting healthy lifestyles and facilitating connections among that diverse group of Near Northwest neighbors. Each of these goals has an action plan of what will be done to advance the goal, the timeline of when it will be accomplished, who is primarily responsible for making sure that will get done, not whose necessarily doing the work, but who is making sure that, that work is getting done and a performance measure so everybody knows when they are done. And that work was done by the neighbors for themselves for implementation by residents and stakeholders, we merely served as the facilitator and partner who have experience in this type of process in other places, the plan was developed by residents and stakeholders. The neighborhood sees the city as a partner for safety, code enforcement, housing and infrastructure, which are existing relationships that the neighborhood has had with the city over the time and formal adoption is a way that the city can support the work of the residents and stakeholders who engaged in the important planning process for themselves. If you have any questions I and or Karen would be happy to answer them. Council President Dieter: Are there any questions from the Council. 27 REGULAR MEETING OCTOBERT 28, 2013 Councilmember Henry Davis Jr.: Sure, thank you, last time we had a presentation like this by the way it was awesome, thank you, was from the Howard Park Neighborhood Association and I just wanted to make sure that I was consistent in asking the questions when we were adopting the plan. Because all neighborhoods deserve a plan and should have a plan, obviously you need some measurements to see what you are doing and hope that you make them all. In the efforts of getting a city to adopt a plan usually that brings up the thought of tax dollars being spent more over there because of the plan or the ability to gain more grants or infrastructure improvements or just more partnership that will equal out to more dollars being spent in that area, so is that plan suggesting that the City do spend city dollars or tax dollars on these plans or is this just a way of saying this is what were are doing to trickle in and that’s it. Is this associated with any type or will be associated with any type of like revenue from the City to support the plan. Rose Skobel: There are no specific projects, with specific city funds allocated that aren’t already projects that are underway. But the plan does lay framework for you to make strategic investments in the Near Northwest Neighborhood, the same as you would in any other neighborhood. They are expressing what their priorities are and how you would make those plans. In other cities that do have quality of life plans in neighborhoods that is used for a criteria for making investment and is considered a positive in making that investment, but in terms of specific requests for funding at this time, there is nothing specific, this is supporting the overall work of the neighborhood and what they are trying to accomplish in partnership with relationship you already have and the resources that you have already committed to the neighborhood. Karen Ainsley: I think that the thing that I would add there is right now, sometimes there is a little bit of a misperception that we receive some funding directly from the city. We do not receive any funding directly from the City in any way, shape or form. Now, we do partner with a lot of agencies so we do take full advantage of crime prevention, we take full advantage of code enforcement and services that departments offer, but we don’t anticipate any line item budget coming from specifically from the city. Councilmember Henry Davis Jr.: In the efforts of clarifying and again I think that there is an understanding that when you present a plan that there after there will be requests for TIF dollars or some sort of grant dollars what have you to be spent in the area because look we have a plan, and we should have priority to those dollars and this is just me being here for the time that I have been for several years so just wanted to make sure that we are clear that this doesn’t bind us to “x” amount of dollars. Rose Skobel: It does not bind you to anything. Councilmember Henry Davis Jr.: I just wanted to clarify that’s it. Councilmember Oliver Davis: Along with that question, the different projects that you are looking at in terms of this plan, do you get any additional “point values” because of the fact that we have formally adopted it. I know that there have been plans that neighbors have brought to us before and because they brought up formal adoption and we have adopted that in their future proceedings because they had a formal plan that was adopted by the City, their projects got rated higher, again, will you get, if you are not getting an additional dollars be getting additional “point values” because what is there outside of the marketability of saying that the city is behind it, what else is there to that when it comes to “point values”, other benefits that come from this vote, because what else would we be endorsing this for. Rose Skobel: The Indiana Housing and Community Development Authority IHCDA does have an allocation of tax credits that they use for funding a variety of projects around the state and that it is a competitive pool of resources. Their qualified allocation plan does lay out the point system for that, and having a project that is within an area that has a plan adopted for it does generate points under their scoring system. So, yes having an adopted plan is advantageous when pursuing state funding for tax credit projects and some other state pools of federal funds. Additionally, what we have seen in other communities is that when there is adoption of the plan or acceptance of the plan by the Council, there is an understanding in the private and philanthropic community that this is a neighborhood where you can make investments that helps leverage investments from those communities that are non-governmental resources. In ways that can be very small to unimaginably large. 28 REGULAR MEETING OCTOBERT 28, 2013 Councilmember Oliver Davis: So in a sense two things that you would like to clarify and go along with Councilmember Henry Davis has started in terms of first that there is value from our vote in that you may have potential projects get point values and secondly, this is a tool to leverage out to get additional dollars or resources that can help in any other project within the neighborhood, so there is a value from the South Bend City Council. Karen Ainsley: Absolutely, and I think it is a huge value to the neighborhood residents who have spent countless hours of putting this together to see an endorsed vote from their City Council saying yes, we are in support of this and the countless hours of works that we did to get to this point and to have this plan. Councilmember Oliver Davis: I agree with that. Sometimes when those plans have been presented to us before, it has been in the public presentation and clearly stated that because of our vote that we will receive point values and those kinds of things, so that was not necessarily clarified. Rose Skobel: That was not the impetus of this plan; it came out later, as part of the planning process so that is why we have not focused on that even though it is a benefit of the plan being adopted. Councilmember Oliver Davis: I appreciate the understanding of that. Councilmember Dr. Fred Ferlic: Congratulations! It goes to show you that the grant writers get the money. And will you do this for the other five districts? Rose Skobel: The Near Northwest Neighborhood raised their own funds to pay for the facilitation that we were able to provide and for all of the events that they had along the way. And if any other neighborhood can find the support to do a planning process we would be happy to do planning processes we would be happy to work with them along the way. A Public Hearing was held on the Resolution at this time: Mary Curgee, 1023 Portage Avenue, South Bend, Indiana: I am also a Sister of the Holy Cross who is one of the organizations who funded this planning process in our neighborhood. I am going to be very brief because you still have a lot on your agenda and they have done a very good job presenting. I have been a resident of the neighborhood for about 19 years and I just want to affirm what Rose and Karen have said about the nature of this process. It was really highly participative and inclusive so what you see in our plan really does come from the residents themselves. The NNN Staff were not involved in the planning process at all except to make some recommendations and provide information, so this is really coming from the people. The second thing that I want to mention is that this whole planning process is really grounded in partnership. That’s the whole point, that we don’t try to do everything ourselves and we don’t come to you and say ok we’ve got a plan now do it for us City. That’s not the spirit in which this was done, and that’s not what we intend at all. We come asking you not to do something for us, but to do something with us, to make the neighborhood as strong as it can be. So thank you very much, we are very proud and excited about this plan and we hope that all of you are too because it’s a credit to South Bend as a whole. Mike Kevner, 729 Cottage, South Bend, Indiana: In the NNN, I have been a resident for 5 years. And for some time I come home to see children idle and other challenges in our neighborhood. Thinking more and more about how could I get involved, how can I be active and want to applaud all the NNN those involved. I took part in interviewing a dozen folk’s residents, stakeholders and chaired the goal group on youth and families. Through these discussions and through great collaboration of working to really empower each other to in this particular case create new initiatives for youth, create initiatives to get residents who don’t often talk to each other, talking to each other. We have already got a hip hop Zumba class worked for Monday nights and you are all welcome to attend. But really grass roots empowerment for residents to strengthen their neighborhood overall and just wanted to say thank you for listening to us and thanks for the support. Councilmember Henry Davis: I have a quick comment. What I am getting at and I’m not saying that I am against it, what I am saying that there is a healthy dialogue that really needs to happen 29 REGULAR MEETING OCTOBERT 28, 2013 when we are adopting plans. My time on Council I have had the opportunity to travel and get an understanding and education. When we are adopting plans we are suggestion an end result for a particular area under that detail and that surface there are a lot of zoning issues; redistricting issues; census tract issues; job programing and job training issues. When you do a plan and you go out and get grants and funding for that particular area. So when it seems like I am nit picking this goes into details of what our jobs is how dollars are funneled into this community or not. So we have to make sure that we are doing is responsive and responsible also to the city budget, but also to other areas within the community. I’m not against the project; I think that there is a healthy conversation, education that needs to take place. What we are doing is saying yes to all these things but not understanding all these details that are within the details that we do on a regular basis and not put them together. That’s it. Councilmember Henry Davis made a motion to adopt this Resolution. Councilmember Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 13-70 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4528, 4536 4546 4606, 4612 LAKE BLACKTHORN DRIVE, 6568 DOCKSIDE DRIVE, 4636, 4644, 4710, 4720, 4728, 4814, 4822 STARBOARD DRIVE, 6510, 6507 STILL WATERS COURT, 4938, 4954, 5011, 4935, 4915 STERN LINE COURT, 6535, 6530, 6634 LEEWAY DRIVE, 5015, 4917 MASTHEAD COURT; 5002, 5010, 5013, 5003, 4925 BOW LINE COURT, 4738, 4712 PORTSIDE DRIVE, 4627, 4611, 4604, 4614, 4624 PIER COURT, 6613 DOCKSIDE DRIVE, 4711, 4719, 4821, 4829 STARBOARD DRIVE, 6530 LAKE CREST CIRCLE, 6735, 6747, 4736, 4739 BLACKTHORN HARBOR DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC BILL NO. 13-71 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS HAVING THE ADDRESSES OF 5005 MASTHEAD COURT, 4704 PORTSIDE DRIVE, 4603 PIER COURT AND 4643 STARBOARD DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC 30 REGULAR MEETING OCTOBERT 28, 2013 Councilmember Varner made a motion to combine Bill Nos. 13-70 and 13-71 for purpose of public hearing. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4292-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4528, 4536 4546 4606, 4612 LAKE BLACKTHORN DRIVE, 6568 DOCKSIDE DRIVE, 4636, 4644, 4710, 4720, 4728, 4814, 4822 STARBOARD DRIVE, 6510, 6507 STILL WATERS COURT, 4938, 4954, 5011, 4935, 4915 STERN LINE COURT, 6535, 6530, 6634 LEEWAY DRIVE, 5015, 4917 MASTHEAD COURT; 5002, 5010, 5013, 5003, 4925 BOW LINE COURT, 4738, 4712 PORTSIDE DRIVE, 4627, 4611, 4604, 4614, 4624 PIER COURT, 6613 DOCKSIDE DRIVE, 4711, 4719, 4821, 4829 STARBOARD DRIVE, 6530 LAKE CREST CIRCLE, 6735, 6747, 4736, 4739 BLACKTHORN HARBOR DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC WHEREAS, a petition for residential real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 51 lots in The Villas at Lake Blackthorn, Sections I and II, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION ONE A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2” IRON MONUMENT WITH A CAP LABELED “SEC. CORNER”; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF A NON- TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475-477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT “A” AS DEPICTED IN THE REPLAT OF RIGHTER’S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT “A”, NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT “A”, NORTH 0 DEGREES 03 MINUTES 20 31 REGULAR MEETING OCTOBERT 28, 2013 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE’S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT #0323151. SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD. LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION TWO PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING MARKED BY A 1 1/2” DIAMETER ROD; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET FROM A 1” DIAMETER ROD, 0.3 FEET , BELOW GRADEMARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 296.75 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE DRIVE AND A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD. and which has Key Numbers: 4528 Lake Blackthorn Drive 025-1010-0176 025-1010-017620 4536 Lake Blackthorn Drive 025-1010-017621 4546 Lake Blackthorn Drive 025-1010-017622 4606 Lake Blackthorn Drive 025-1010-017623 4612 Lake Blackthorn Drive 6568 Dockside Drive025-1010-017625 4636 Starboard Drive 025-1010-017626 4644 Starboard Drive 025-1010-017627 4710 Starboard Drive 025-1010-017629 4720 Starboard Drive 025-1010-017630 4728 Starboard Drive 025-1010-017631 4814 Starboard Drive 025-1010-017635 4822 Starboard Drive 025-1010-017636 32 REGULAR MEETING OCTOBERT 28, 2013 6510 Still Waters Court025-1010-017637 6507 Still Waters Court025-1010-017639 4938 Stern Line Court025-1010-017644 4954 Stern Line Court025-1010-017646 5011 Stern Line Court025-1010-017650 4935 Stern Line Court025-1010-017655 4915 Stern Line Court025-1010-017657 6535 Leeway Drive025-1010-017658 5015 Masthead Court025-1010-017664 4917 Masthead Court025-1010-017667 5002 Bow Line Court025-1010-017672 5010 Bow Line Court025-1010-017673 5013 Bow Line Court025-1010-017674 5003 Bow Line Court025-1010-017675 4925 Bow Line Court025-1010-017677 4738 Portside Drive025-1010-017687 4712 Portside Drive025-1010-017690 4627 Pier Court025-1010-017693 4611 Pier Court025-1010-017695 4604 Pier Court025-1010-017697 4614 Pier Court025-1010-017698 4624 Pier Court025-1010-017699 6613 Dockside Drive025-1010-017703 4711 Starboard Drive025-1010-017708 4719 Starboard Drive025-1010-017709 6530 Lake Crest Circle025-1010-017711 4821 Starboard Drive025-1010-017717 4829 Starboard Drive025-1010-017730 6530 Leeway Drive025-1010-017719 6634 Leeway Drive025-1010-017724 6735 Blackthorn Harbor Drive 025-1010-017403 6747 Blackthorn Harbor Drive 025-1010-017428 4736 Blackthorn Harbor Drive 025-1010-017429 4739 Blackthorn Harbor Drive 025-1010-017728 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; 33 REGULAR MEETING OCTOBERT 28, 2013 C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation. D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. . s/Derek D. Dieter Member of the Common Council RESOLUTION NO. 4293-13 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS HAVING THE ADDRESSES OF 5005 MASTHEAD COURT, 4704 PORTSIDE DRIVE, 4603 PIER COURT, AND 4643 STARBOARD DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL 34 REGULAR MEETING OCTOBERT 28, 2013 ESTATE GROUP, INC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as The Villas at Lake Blackthorn, South Bend, Indiana, and which are more particularly described as follows: LOT 47 THE VILLAS AT LAKE BLACKTHORN SEC 1 025-1010-017665 LOT 73 THE VILLAS AT LAKE BLACKTHORN SEC 1 025-1010-017691 LOT 78 THE VILLAS AT LAKE BLACKTHORN SEC 1 025-1010-017696 LOT 88 THE VILLAS AT LAKE BLACKTHORN SEC 1 025-1010-107706 be designated as a Residentially Distressed 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 a residentially distressed area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution which was Resolution No. 3864-08 which was issued on May 12, 2008 and WHEREAS, the petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. 35 REGULAR MEETING OCTOBERT 28, 2013 SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within one (1) calendar year from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby reconfirms its Declaratory Resolution and its Confirmatory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to SIX (6) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic, Chairperson, Community Investment Committee, reported that this this committee held a Public Hearing on these bills this afternoon and voted to send them to the full Council with a favorable recommendation. Steve Cooreman, President, Cooreman Real Estate Group, Inc., 4404 Technology Drive, South Bend, Indiana, made the presentation for this bill. Mr. Cooreman: In the interest of being brief and letting you get home to spend some time with your families yet this evening. I am going to cut right to the chase. We in the conference meeting this afternoon we discussed some of the reasons why the tax abatement made sense for the Villas at Lake Blackthorn. So I ask for your favorable support and I am here this evening to address any questions that any of you might have or respond to any remonstrance as well. Councilmember Henry Davis Jr., The Villas at Blackthorn how long have they been there? Mr. Cooreman: This will be 10 years. Councilmember Henry Davis Jr., 10 years, what is your occupancy rate or how many homes have you sold? Mr. Cooreman: Over 113, 114 lots, Mr. Davis, we sold about 77. Councilmember Henry Davis Jr.: Ok. Are you seeing any returning interest or new growth in that area? 36 REGULAR MEETING OCTOBERT 28, 2013 Mr. Cooreman: We are, we absolutely are. We are getting a lot, our primary demographic is empty nesters, because they have the ability to fly out of South Bend Airport to visit their grandchildren or like to be close to Notre Dame or they like to be able to jump on the 80/90 Toll Road and go to Chicago or they like and have a number of people who work at Whirlpool up in St. Joseph, Michigan they like the fact that they can be in St. Joe in 30 minutes by jumping on the by-pass. Yet, they like the quality of life of living in South Bend better so they lived down here but work up in Michigan. Is that the kind of thing that you are asking? Councilmember Henry Davis Jr.: Well yeah, because again, I have been focusing on this more often than before. When we are beginning to provide subsidies or ability to partner in with the city for tax dollars or what have you. I would like to know what is the return or benefit of return or return of investment by the city for a lot of things that happen. I am not against what you are doing Sir, believe me, but in case of understanding what is going on and what the return is, just saying yes to it and moving on and thinking, it deserves more conversation, that’s why I was asking those questions. So, I am not apologizing for asking questions, I am just saying, I think that there needs to be more of a dialogue on the return of investment that happens when granting tax abatements and when we give government subsidies to individuals or whomever. Mr. Cooreman: I can answer that in about 1 minute. When we purchased the land there was approximately 57/58 acres. The total amount of tax dollars being collected by the City were under a $1,000.00. When we are built out it will be over $400,000.00. As a developer we pay for the infrastructure of the roads, the water, the sewer, all that. Obviously, the city incurs a lot of cost by providing police and fire protection and stuff but I think it has been a great investment for the city and every single buyer keys in on that tax abatement. It helps us compete with Penn School system; it helps us compete in a lot of ways with all the bank foreclosures that are still on the market. And a lot of my competitors that own subdivisions or banks out in that area, they will be getting those at a lot less than what we are selling for. So the tax abatement I believe is, the city gets a really good return on their dollar and a real big bang for their buck, and I think that it makes a lot of sense. The bottom line is that we would not be able to bring a lot of new residents into the City of South Bend without it. Councilmember Henry Davis Jr.: Yeah maybe, maybe not, I just think, thank you for your investment and also thank you for your investment. 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 these Resolutions. Councilmember Ferlic made a motion to adopt Bill No. 13-70. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Dr. David Varner made a motion to adopt Bill No. 13-71. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING There were no bills for first reading at this time. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION BILL NO. 48-13 – REZONING - 1906 S. FRANKLIN ST. BILL NO. 59-13 – AMEND ZONING CHAPTER 21 Councilmember Scott made a motion to refer these bills to the Zoning & Annexation Committee and set them for Public Hearing and Third Reading on November 11, 2013. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes 37 REGULAR MEETING OCTOBERT 28, 2013 BILL NO. 13-72 - CONFIRMING TAX ABATEMENT FOR LEBERMUTH COMPANY INC. 4004 TECHNOLOGY DR. Councilmember Schey made a motion to refer this bill to the Community Investment Committee and set it for Public Hearing and Third Reading on November 11, 2013. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis asked to be put on the last agenda of the year to report on his 2013 Travel. Council President Dieter announced there will be a Special Common Council Meeting on th Wednesday, October 30, 2013 at 7:00 p.m., on the 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. PRIVILEGE OF THE FLOOR Mr. Cottrell stated that what he has to say will take about 6 minutes. Councilmember Henry Davis, Jr. made a motion to allow Mr. Cottrell 6 minutes. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Pat Cottrell, 1838 Stonehedge Lane, South Bend, Indiana: Good evening Members of the South Bend Common Council my name is Pat Cottrell. I’ve lived in the City of South Bend my entire life with the exception of the time I served on active duty in the military during the Viet Nam War. I grew up on the Westside at 449 S. Albert, and graduated in 1965 from Washington High School. I’m a retired South Bend Policeman who served the city for 21 years on the South Bend Police Department. I’m also the former President of the Board of Public Safety. I served on the Board of Public Safety from December 2005 to September 201. I do want to thank the Mayor for his “form letter” thanking me for my years of voluntary service on the Board of Public Safety. Part of the duty as a member of the Board of Public Safety was to sit in judgment on police and fire department disciplines. Many times throughout the 8 years I served on the Board of Safety we had hearings to determine the guilt or innocence of those men and women who serve on the departments who were charged with violations of their department rules of conduct. There were two very recent cases of police officers charged with misconduct where hearings were held and those officers were determined to have violated the rules of conduct and were disciplined severely. One officer was fired and the other after a four day hearing was suspended 120 days without pay and will be demoted upon his return to duty. I’m telling you this because what Board of Safety Members do is very serious business with decisions made impacting the lives of the public safety employees severely in many cases. The Councilmembers might remember a few years ago several cases being brought by the chiefs of both the police and fire departments of employees misconduct with driving under the influence and the Board of Safety taking a very firm stand on the punishment of those cases being more severe than it had been before with suspension time off without pay and demotions for a six month period upon return to duty of those public safety employees. During that time the South Bend Police Department had a division chief charged with DUI and Mayor Luecke had the responsibility of determining the South Bend Police Department punishment of the officer by state law and not the Board of Safety. The mayor came to the Board of Safety before talking with the chief and told us he understood the message we were sending to the public safety employees and agreed with us. He was therefore giving the chief the same punishment we had given the rank and file employees. It was a substantial suspension without pay and demotion in rank for six months but while still required performing his same duties at the lower rank and pay. Now we come to the current matter of Chief Teachman which the mayor describes as a politically motivated complaint which is a “mole hill” being made out to be a mountain. I find it hard to believe a man elected to be mayor of our city would characterize what our brave men and women do as “mole hills.” I also find it hard to believe the Mayor would make his decision on what Chief Teachman didn’t do and what Chief Teachman did do based on politics. Yes, I said the Mayor based his decision on politics. You see to do what two Board of Safety Members recommended to ask for Chief Teachman’s resignation would be to admit he (our mayor) had made a mistake in hiring this man 38 REGULAR MEETING OCTOBERT 28, 2013 who is unfit to serve as Chief. So, yes the Mayor’s decision with regards to Chief Teachman was definitely based on politics. I suspect that every member of our council would expect the Chief of the South Bend Police Department to lead the department by example and then expect the men and women who serve to follow right? Well believe my you need to investigate not only what happened that night in April at the King Center but also Chief Teachman’s answers to the questions about what happened that night. When you do then you will agree with the two Board of Safety members who asked for his resignation. There was a third Board of Safety member who pointed out those things Chief Teachman did wrong but didn’t recommend any punishment to the Mayor. He did say the chief should address the members of the South Bend Police Department with regards to his actions in the Center incident though. So yes there were three Board of Safety members who pointed out those things the Chief did wrong with regards to the King Center incident and subsequent ISP investigation and not what the Mayor said was a majority backing his position the Chief did nothing wrong. Councilmembers you should also ask the Mayor what witnesses told him the Chief was in the restroom when Lt. Newton was told about the fight outside the King Center. Ask him for the names of those witnesses who told him th that because he was quoted saying that in the newspaper on September 26. Did the Mayor talk with witnesses personally or did he give the public information through the newspaper from the ISP report? Please ask the Mayor for the names of those witnesses he talked with about the matter who told him Chief Teachman was in the restroom when Lt. Newton responded to the fight. Mayor you can’t have it both ways. You can’t refuse to give the public answers to all the questions and facts of what happened that night and subsequent ISP investigation but then tell the public part of the information to justify your bad decision. If you are going to release part of the facts then release all the facts because the public needs to know what kind of mayor we have and chief he hired. Councilmembers please conduct an investigatory hearing to learn the facts of what happened the night in question at the King Center and what the Chief’s responses were to questions asked by the ISP investigator. Our citizens need to know so they will know the Mayor isn’t what he appears to be on the surface and the man he hired to be Chief is not the leader of the South Bend Police we all expect but especially the brave men and women who serve the department most definitely deserve. Thank you for your time and consideration in my request. Rev. Greg Brown, 1238 Diamond, South Bend, Indiana: I am the gentleman that made the complaint against Chief Teachman. Before that to the City Council Board, I went to Mayor’s night out to talk to the Mayor about the situation. The Mayor had no answers and did not want to hear what I asked or had to say. That’s why I got to the City Council Board because he spoke about transparency, talked about someone who brought in an investigation on his administration, wouldn’t be a leader under his administration. So my thing is there here you got transparency and everybody makes mistakes but when I went to the Mayor on two different nights out we could not get any answers. Still today, we don’t have any answers. Thank you. Jesse Davis, P. O. Box 10205, South Bend, Indiana: I have a couple of things that are redundant from past meetings and past privileges of the floor. Such as the double billing? Has there been any answers give about the contractor supplied to homeowners who was double billing (the city forced homeowners to use this contractor.) I talked to the Chief about that and he basically told me that the city could handle that as a civil matter instead of a criminal matter. That this contractor was out billing the homeowner and the city for the same work. He told him the reason why basically that the city ordinance for the sewer insurance program stated that the homeowners were obligated to pay for second opinion drain cleaning, the city should not be paying for that. This is what the Chief gave me as an excuse. I’ve got a question that I would really like the Council to look into. If that’s the case and I have read the ordinance and it does state that the homeowners are obligated to pay, but this contractor also billed the city and got paid. Someone within the city set up a specific fund that is put there to pay for second opinion drain cleaning. So if you ordinance says we don’t pay for that, who within the city set up a fund specifically to allow this contractor to milk the city out of thousands of dollars. I also would like to know if there has been any forward movement that’s on the Council on gaining access to or getting any questions answered by the ISP report that Mr. Cottrell had talked about. 39 REGULAR MEETING OCTOBERT 28, 2013 Councilmember Henry Davis Jr.: Point of clarity when we change the rules it’s for everyone, it’s not just for one individual. When you set the rules at the beginning of the message that what it stays at. It doesn’t revert back to what we normally do. So the point is when we make a motion, we make a vote; it stays at that level until that portion is over with. So everyone is still on six (6) minutes. Councilmember Varner: No, I think the Council Rules says three minutes and there special exceptions made in case of Mr. Cottrell. Councilmember Henry Davis Jr.: I made a motion, Oliver seconded and you all said aye. It’s at six (6) minutes. We just can’t arbitrarily changes the rules in middle of the game. Council Attorney Kathleen Cekanski-Farrand: The request was for that one individual. Because the Council Rules provide per city code 3 minutes. Councilmember Henry Davis Jr.: So we can just increase time. Council Attorney Kathleen Cekanski-Farrand: It takes a majority of the Council to amend your rules. For instances earlier in the meeting we had a motion to change the order when there was going to be a public hearing. Councilmember Henry Davis Jr.: I am aware of that, but, your right, so we in a hearing portion and folks come in for Privilege of the Floor. We can’t just revert back because one person wanting more or wanting less, it’s the same for everyone. Council Attorney Kathleen Cekanski-Farrand: The Council has given notice by the person speaking that his statement would take approximately six (6) minutes. That was the purpose of extending the time. Council President Dieter: Thank you. Jerome Jones, 2413 Kenwood, South Bend, Indiana: I didn’t lose any time did I? I am a resident, graduated from Central High School in 1954. I am here tonight concerning the problem on Kenwood & Bertrand. I think that everyone is aware of the shooting a couple of nights ago. And I hear that they are going to do something about it, I have heard that so many times. Nothing has ever been done about it. The other thing that I want to talk about and mention that I think that the neighborhoods are the backbone of this city. I have been coming down to these City Council meetings off and on for 25 – 30 years, and when I am here I always mention sidewalks and curbs in our neighborhood. We don’t have the sidewalks and curbs that we should have. My wife and I own three (3) properties so we pay property tax. The other point that I have is the substation that’s been talked about downtown, I think that there is so many abandoned homes in certain neighborhoods why aren’t some of these abandoned homes used for substations, even if it’s just a temporary thing. It doesn’t cost the city anything, they own the property I assume, and I think that would be a good thing to do. Use them for a substation for the police. Thank you very much. Ardisha DeShawn Hogan, 1130 Chalfant Street, South Bend, Indiana: I want to speak with the City Council about an issue resulting from July 31, 2013. I was a former employee of General Sheet Metal Works, South Bend, upon me arriving at my employer on August 1, 2013; I was attack on my job. I have a CD here with the threat that the gentleman made to me and I also have protective orders that I tried to put in place prior to the situation occurring. It resulted in me in a felony case due to the matter that happened. I am just looking to get some assistance with resolving the matter without having to go to the full extent of the court system. If the Council could address that. Council President Dieter: Did you fill out a form. Mr. Hogan: Yes sir. 40 REGULAR MEETING OCTOBERT 28, 2013 Theodore Robert, 2617 Frederickson, South Bend, Indiana: I want to bring to the attention of the City Council last week I filed a formal complaint with the Mayor’s Office against Chief Teachman. The reason that I filed a formal complaint was because of what occurred at the King Center. I’m sorry after the King Center and it also involves Lt. Lee Ross. Either one or two things happened after that. Either Lt. Ross when he initiated his investigation into Teachman, he either acted alone or Teachman instructed him to go down there to investigate. So, I went and filed a complaint with the Mayor’s Office seeking an investigation to determine if Chief Teachman instructed Lt. Ross to do go down there to investigate this complaint. The Mayor then decided that my complaint was not valid so he then forwarded my complaint to the Corporation Counsel. I don’t know how a complaint is now a legal matter for the city. That’s why I want the Council to investigation if the Mayor acted unethically by sending a complaint to the law department. I also filed a complaint to the law department; I also filed a complaint with the Board of Public Safety asking them to investigate Lee Ross, considering that he is not the appointed official. They then forwarded my complaint for an investigation of Lee Ross to the law department who then forwarded it to Chief Teachman. How is it that Lee Ross, I’m sorry Chief Teachman can investigate the same guy who illegally started an investigation against him? Again, the Board of Public Safety forwarded my complaint to the law department who then forwarded to Teachman. It’s all here; I have documentation of what’s going on. The Mayor’s says your complaint is not valid, Corporation Counsel take over it, the Board of Public Safety said we are going to wash our hands of this, law department you take care of it, law department said they are not going to deal with this, give it to Teachman. Ladies and Gentlemen, in my community people tell me about there has to be cover-ups going on in the police department. I hear that all the time. Here I have documentation that some of the concerns are valid, something’s wrong here. What does Lee Ross have on this city that no one wants to investigate him? What did he do and what is he holding above the city’s head that says were not going to punish him for violating the police duty manual. Thank you. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:39 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 41