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HomeMy WebLinkAbout10-30-13 Common Council Meeting Minutes SPECIAL MEETING OCTOBER 30, 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 Wednesday, October 30, 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 (Present 7:03) th Fred Ferlic 4 District th Oliver J. Davis 6 District, Vice-President th David Varner 5 District Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy Mary Beth Wisniewski Chief Deputy Kathleen Cekanski-Farrand Council Attorney RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 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. Council Attorney Kathleen Cekanski-Farrand it determined between the City Administration and the Common Council that it would be in the City’s best interest to have a special meeting this evening given that there were ongoing discussions since Monday’s meeting. By State Law all the budgets and salary items have to be approved if they are going forward for next year by st November 1. Pursuant to our City Code specifically Section 2-5, I do have to make information into the record this evening. I would like to confirm that on October 22, 2013 a call of a special meeting of the South Bend Common Council was duly made an signed by five (5) members of the City Council and that called was served by City Clerk John Voorde so copies are on file in the City Clerk’s Office. On October 23, 2013, Captain Scott Ruszkowski of the South Bend Police Department delivered certified copies of the certified call of meeting to each of the nine (9) Councilmember’s. Verification of the Service is now on record in the City Clerk’s Office, so therefore, this is a legal meeting. Councilmember White: I want to share with the Councilmember’s again that this has been a long process; we have had the opportunity to express our concerns and questions. I do ask that you allow me recognize you in terms of any questions or concerns that you might have. Again, Bill Nos. 44-13; 45-13; and 46-13 are in the Council Portion, which means that we will not have public input regarding these three bills. SPECIAL MEETING OCTOBER 30, 2013 Council Attorney Kathleen Cekanski-Farrand: Councilmember White I would like to again read into the record that in light of the fact Bill 44-13 which is the Levying of Taxes and Fixing of Rate of Taxation for the 2014 Calendar Year, the City Council did indeed pass that by a nine (9) to zero (0) vote at the Regular Meeting of the South Bend Common Council on Monday, October 28, 2013, in light of the action, the proper motion this evening on the bill listed 44-13 to strike it from the agenda. PUBLIC HEARINGS BILL NO. 44-13 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 Councilmember Oliver Davis made a motion to strike this bill from the agenda. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski-Farrand stated that additional a motion would be in order to move two bills. Bill No. 54-13 which is the teamster salary ordinance to be immediately followed by Bill 53-13 which is the Non-Bargaining Salary Ordinance to this part of the agenda for the Council. We would need a motion to that effect. Councilmember Oliver Davis made a motion to accept the motion. Councilmember Gavin Ferlic 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 Council Attorney stated that there will be two motions. For benefit of the public the proposed budget is sitting before Mr. Voorde. The first motion would be to accept all the amended budget pages filed by the Department of Administration & Finance which are on record and filed with City Clerk’s Office. Councilmember Varner so moved the motion, Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski-Farrand stated that the second motion would be to amend those pages as reflected in nd 2 Substitute Bill 53-13 setting Maximum Salaries and Wages for Appointed Officers and Non- Bargaining Employees as further amended by the City Council. Councilmember Oliver Davis so moved the motion, Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairperson White: I don’t believe that this is a substitute. SPECIAL MEETING OCTOBER 30, 2013 Council Attorney Kathleen Cekanski-Farrand: You have technically amended everything by accepting the amended pages. Councilmember Varner, Chairperson of the Personnel & Finance Committee, reported that Bill No. 45-13 including amendments as amended was heard in committee this afternoon and comes to the Council with no recommendation. Council Attorney Kathleen Cekanski-Farrand: Councilmember White at this point I would like for you to call upon Council President Dieter to make a disclosure. Councilmember Dieter: That I’m a member of the South Bend Police Department disclosure? Since 1975 and I am able to discuss and vote on this and receive no monetary compensation for my vote either way. Council Attorney Kathleen Cekanski-Farrand: If I could add to that Mr. Dieter’s has also filed the conflict of interest forms required by State Law and they are on file with the Circuit Court as well as with the State Offices in Indianapolis and Office of the City Clerk. Chairperson White advised to the public that this bill is in the Council Portion Only and so that there will not be a Public Hearing on this particular bill. Mayor Buttigieg: Again, I will try not to spend too much time covering this bill this evening. I want to thank the Council for all the work that was done on this bill and thank all the members of the community who came out because budgets are not always flashy. But this budget is about what kind a city we are going be and what kind of government we are going to have. Which it is why it has been so important because of the process that has led us to where we are? This has been a compilation which I mentioned earlier has involved over a dozen meetings and discussions with great deal of difficulty. I hope the spirit of give and take is the prevailing one. We certainly feel that this is a finely crafted budget that goes well over the fifty yard line in working to assure that those concerns brought to light by Council are addressed by the administration’s proposal. It addresses not only the day to day operations of government but also finds resources to support two (2) priorities like job creation throughout the city with the continued development of our 311 service and tackling vacant and abandoned housing. It is a prudent budget that balances the general fund and keeps the city within our needs and helps to preserve the outstanding fiscal strength and reputation that South Bend has. Also, again thanks to input from the Council in the more recently amended version. More resources for neighborhood concerns; concerns including safety, including the need for lighting and an elevated amount of resources for curbs and sidewalks and also setting aside funds to address the residents around the New Energy Plant to have more certain about the ability to keep water out of their homes. It makes the investments that we need in order to change the way we do business, create a place where people want to live and businesses want to invest. I just want to dwell a moment on one of the most publicly commented on dimensions of this bill. Because I think that there have been some ideas discussed today about late breaking changes to that and that is the Smart Streets program. Specifically to make sure that the streets near and around the downtown area are configured in a way that supports growth. The current proposal has taken on more input including to make sure that we are doing the work in phases and that we are doing this work in the most cost effective way. It is not just a result from conversation with Councilmember’s but with members of the community, in public meetings and focus groups and has not only community perspective, Council perspective, and Administration perspective and of course a great deal of engineering and design knowledge built in. I am concerned that any further changes that may be applied during its growth and development would represent a delay on the kinds of projects that could be given an opportunity to be addressed. (inaudible) We have SPECIAL MEETING OCTOBER 30, 2013 worked very hard to strike the right balance and making sure that there is action. A change to this proposal that would strip out for example the importance of William and Lafayette Streets being addressed next year will have the effect of tipping the balance back in favor of planning and away from action. It would strip the community in particularly the downtown community an opportunity to see real work, shovels going into the ground, something changing before our eyes at the very moment where downtown growth and economic development seems to be catching fire. It will be a statement to let us wait instead of lets us act, let us plan instead of let us move. We believe that it is an opportunity to do both, we can plan and we can move, we can act, but also act in a way that keeps us flexible and develops real tangible changes as early as next year. But also gives us the proof of concept that we can learn from. We can refine our strategy as a city to make sure that downtown really is a vibrant place in the community. Our city will be a better place to live, work and do business. I am asking for the Council’s partnership in seizing this opportunity. Let’s get started, the comeback of downtown South Bend. Chairperson White: At this time, we will have questions regarding Bill 45-13. I am going to st start from 1 District Councilmember Tim Scott and work through, to make sure that each Councilmember if you have any questions about portions of this bill, on job creation, 311, vacant & abandoned housing initiative; safety; neighborhood concerns in terms of lights, curbs and sidewalks and then the smart streets. Those are the areas that I have heard thus far. I want to st start with 1 District Councilmember Tim Scott. Councilmember Scott: Can I defer? Chairperson White: Yes you may. Councilmember Henry Davis: Sure, thank you. Could you go over the list? Chairperson White: Job creation, 311; vacant & abandoned housing initiative; neighborhood concerns that the Council had raised; safety; lights; curbs and sidewalks and the smart streets. I just want to make sure that I didn’t leave anything out. And the corridors, and New Energy as well. So it’s the corridors and New Energy. Councilmember Schey: Can we ask other questions too, that pertain to this bill. Chairperson White: That pertains to this bill, that’s right. Councilmember Henry Davis Jr.: I am fine. Chairperson White: I just wanted to summarize the main ones that we have been discussing, but that does not mean that you can’t discuss any other items that pertain to this bill. Councilmember Henry Davis Jr.: I am aware of that, I didn’t corridor at all. That’s the first time that I heard it and that’s the reason that I was asking. Chairperson White: That was my fault. Councilmember Henry Davis Jr.: The curbs and sidewalk program, now is that going to be part of the share cost program with the City and the property owner. Mayor Buttigieg: So, there is currently a cost share program which enables residents to co-pay with the city and that is the structure that we are working as of right now. With that said, I think we can continue to be open to suggestions on changes or refinements to make sure that we are striking the right balance to make sure that all properties that are able to contribute and we have the dollars to go further and at the same time making sure that we are address the needs in the neighborhoods were there may not be a lot of folks who feel that they have the resources to pay. SPECIAL MEETING OCTOBER 30, 2013 Councilmember Henry Davis Jr.: Well my suggestion and I am glad that you said that and I am glad that we share the same thoughts. A suggestion that as of right now we probably look at maybe a person’s personal income level and base it upon a percentage rather than what is nd obviously out there right now. Because I do have a number of residents in the 2 District including seniors who are on a fixed income who have no way possible the funds to participate in such a program. And in some of those areas that they are in are the areas that have decayed, in some way, shape or form, the infrastructure, and so how do they get back to that level of looking for that investment from the City but also from people who might want to move into the area and that being a barrier. The corridor project, how are we going to graduate this corridor project? I am very concerned about the corridors. We have shared this conversation in the past and in the interest of Smart Streets, the two corridors are very Smart Streets, alright they bring in traffic all day and every day, they are main arteries and in some ways they have been neglected at the very high level and I am almost really torn between the two because one is obviously, both of them ndnd are in the 2 District alright, and I would never want one side of the 2 District against the other nd side of the 2 District, that is counterproductive. But what I am looking for is a happy medium with residents that are on Lincoln Way Corridor and also the Western Avenue Corridor that they can feel proud that their city is investing in that area; as well as they are interested in investing downtown. It makes no sense to a resident living at one way and the other way and the investment is not there. So are we going to look into investing at a higher level in the corridor program? Mayor Buttigieg: Yes, we certainly hear that message in the most recent revisions to the budget speak to that concern to assure that this as you said is a comprehensive smart streets model Downtown of course benefits when Lincoln Way West is improved because that is the first impression for so many people in our city. And I would also suggest that folks throughout the city including on Lincoln Way West and Western benefit downtown and that economic development creates more jobs for downtown. The budget we have now proposed includes $2.25 million to address the needs of corridors and neighborhoods and that is an area that is candidly will continue to need work even beyond that $2.25 million dollars that I will be proposing in partnership with the neighbors and those folks affected will be able to provide input as that program is funded. Councilmember Henry Davis Jr.: Can TIF action be a supplement as well for those areas? If so, how can we do it? Mayor Buttigieg: One thing that the administration is open to is expanding TIF areas so that they can better allows us to employ some of those different resources because it is beneficial for the whole city to have work done there. And that is something else with program that they are proposes to fund now for next year in the budget there will be an opportunity to develop a plan that has the right level of input that will also guide priorities and decide how that TIF expansion should unfold. Councilmember Henry Davis Jr.: How is that plan or how can that plan be developed is there a time stamp? And to be all honest with you the last time we had this conversation was LaSalle Square when we were promised I don’t know at least $2 million or $1.5 million or something like that, it never came to fruition whatever we were promised. And, so are we looking at time stamps to get some of these things done and I’m only advocating for these things and I’m going nd to be clearly honest because both of these big projects are happening in the 2 District and I’m not going to be torn in half or be one side versus the other, I’m not doing that. I think both deserve invest, equitable investment, so at what point do we begin the planning process? Mayor Buttigieg: As soon as possible in fact preliminary conversations already taking shape to be sure that those who are in the area are able to have their input into how this should work. I regret that I am not in the position to comment on detail on the LaSalle Square project, because it SPECIAL MEETING OCTOBER 30, 2013 was before this Administration. I certainly can understand the frustration because nobody can look at either of those corridors and say that our work is done or say that we are where we need to be. And so I would regard this as something with a great deal of urgency. And work should begin right away perhaps we are in a position to do work even before next year. And to continue to make sure that their voices are heard. I will turn it over to Community Investment Director Scott Ford. th Scott Ford, Executive Director, Community Investment, 14 Floor County-City Building, South Bend, Indiana: I just wanted to follow up with the Mayor’s comments with regard to the corridor program. As it has been presented to Councilmember’s we reached and RFP in July and received 20 responses from 22 teams of national and local teams. We are down to our final 3 st and look forward to awarding that contract in November and anticipate the 1 public meeting will be in January. It will be a six (6) months process and it is very much oriented toward delivering a series of actionable items for the corridors specifically that would involve a lot neighborhood engagement in this process. Looking at it through a fact phased business plan you are looking at what the market is and also forming that and using that to help to deliver a series of recommendations that may include things like business assistant and or land use regulation changes like infrastructure improvements to start having an immediate impact. That’s one reason why we have asked for funding amount including so that we can act on that with the completion of the plan. Councilmember Henry Davis Jr.: Thank you for responding to my request to put more funds in there for the corridor program. Thank you for doing that, and I’m finished. Councilmember Schey: I defer. Councilmember Dr. Fred Ferlic: Thank you Karen, First of all I want to publicly thank Karen and Mark Neal, this budget process is very painful. I want to thank Dr. Varner also, and I was also going to acknowledge him and Kathy and John, they made it come to life, in fact, I know more about the city budget than my own budget, so thank you. But I would like to ask Scott, on the two way streets, why is your chronology important? You phased these out for the Council explain why the chronology is important? Scott Ford: I appreciate speaking to that. So, you know originally for nearly 100 years, the streets in downtown South Bend were a two-way network. When they switched to the one-way, the principle went from destination to evacuation. And the mode shift was to evacuate people through town at a high speed. So looking at a way how we can reconstruct the road network and again go back to downtown being a destination. We need to look at two points of confluence and there is one at the north at Michigan right where it crosses the river. If you look at the peak traffic there you need to distribute the traffic among four streets rather than two. So rather than just being on Main and St. Joe, you distribute along Lafayette, Main, Michigan and St. Joe. So in order to get the south bound traffic if you can think of this an unfortunately I don’t have a map to point to, but you need to get some of the traffic to divert on Bartlett and then down Lafayette, so that helps release some of the pressure on Main and St. Joe. So as you look at sequencing, you look at being able to restore the last few blocks of Lafayette and Williams back to two way traffic and then we go to at the same time concurrently you complete the due diligence process on Main and St. Joe so that in our negotiations with INDOT we are able to have an informed conversation we’re able to get there as soon as possible. So that’s in terms of the sequencing of Lafayette & Williams then Main & St. Joe. Councilmember Dr. David Varner: No, I’m pretty much all questioned out after eighteen sessions. Councilmember Oliver Davis: A couple of things. I’m back to Scott Ford. Often times when a business has come into town the focus is getting the business first and then dealing with the SPECIAL MEETING OCTOBER 30, 2013 infrastructure second, is there any reason why we are putting in a sense the cart before the horse in this kind of thing when it comes down to Lafayette and issues because of the fact that those two streets. Do you have any prospective businesses that are already planning to through in any aspect or any part of those streets has there any potential prospects that we currently have that are looking to come to fruition on these streets because what I was told that this is going to help some of the other that are not necessarily going to be affected because of the fact that those are Michigan and Main Streets and those businesses over there already have two way streets and so many of those that are advocating for this there business is not going to be affected this and so is there any rationale as to why this is being done at this time? Scott Ford: Absolutely, and I appreciate your question. I think that some of the comments that have been made publicly in the last few weeks you have heard from a number of respective businesses that have indicated but for the prospect of two-way streets they would not be expanding or seeking to locate in downtown South Bend. I know that has come up several times and some of those businesses are represented here this evening. Councilmember Oliver Davis: For clarity, and the business that you shared about, in terms of that business, what I said in my comments, at that presentation that I was there along with you, that particular business is not being affected by the Lafayette, that’s phase two and everything. I’m talking about phase one. Mayor Buttigieg: Actually, I received a communication the other day; I haven’t had a chance to talk to Scott about this. From one investor, who represented that he would be prepared to make over a million dollar investment in business along or around Lafayette. Scott Ford: To be able to make those substantial improvements along Main & St. Joe, Lafayette is a key component of that, so that, technically we need to improve the traffic along Lafayette and be able to make the conversion on Main & St. Joe. I can also speak to the city’s investment at the Cove and certainly we would like to amplify the good work that is going on at the Cove. So any improvements to Lafayette will help speak to that. Councilmember Oliver Davis: In my District when it comes down to this administration along with the previous administration, had promised the people in the Rum Village area that we have a corridor where a lot of people come in and that is Ewing, and they said that Ewing Avenue was going to be done in three different phases, and I went by some of the key people and our former Rum Village Neighborhood President today, and nothing has been done there. That money was switched over to the Sample Street bridge was supposed to be fixed and to our knowledge and the people that actually came out and said that they were going to do that from the City and nothing has been done there and we having people coming in from that area to the city to the downtown. We had concerns that were expressed to me that the focus has been on those parts of it but promises that have been made for phase one from Gary Gilot to other administrators that have been part of this administration have not kept their commitments to Ewing, Sample and other places and now the focus has been there. Is there some rationale why? Scott Ford: I can’t speak to the actions of the previous administration. I know that the proposal that is before you is very actionable. That’s why the funding request is in, so that we actually see action this year. That’s specifically why it is shaped the way it is. th Eric Horvath, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana: Ewing needs to be done, there are some issues there. We started work there in terms of getting some of the utility work done; our own staff did that work just this summer. The issue is as always trying to get funding for these projects, so we are working with MACOG, on getting federal funds for Ewing and going through the federal design process, which takes significant time and there are steps that have to been gone through, public hearing, etc. It’s a very timely process, it’s been on-going for years, we need to speed up that process and SPECIAL MEETING OCTOBER 30, 2013 move forward and need to continue to push to have funding from MACOG for the Ewing corridor. Councilmember Oliver Davis: The time frame that was given to us by was 2013/2014 with completion in 2015 given the money that was transferred. The money that was transferred to the Oliver Sample Street Bridge because that is a major corridor for those who live on the West Side who have to deal with that bridge and the structure is not safe. And that is a major corridor to come to downtown for those of us who live on the West Side. So we were promised that was going to be 2013/2014 and it was going to be completed by 2015 and we were also going to have county funds because of the bridge. So where are we? Eric Horvath: That work is in its preliminary phases. (inaudible, microphones not working) It won’t be done 13/14. We would like to see the construction start in 14. Councilmember Gavin Ferlic: No questions. Councilmember Dieter: I defer to Councilmember’s Scott and Valerie Schey. Councilmember Tim Scott: I will be quick. Scott you might want to be up there. Could you talk about the timing? There has been mention about different timing may be changing the phases around. Could you elaborate a little more on that? What it takes from INDOT and such to deal with the two main arteries that we having coming through the city and the length of that versus working on the other streets? Scott Ford: (inaudible) Councilmember Tim Scott: So part of that revenue that would come from INDOT might, would go into this project. Scott Ford: Absolutely. Councilmember Tim Scott: So the project might be less than what the budget actually is. Scott Ford: For Main & St. Joe. For example in other communities the State actually pays to improve roads. Councilmember Scott: One other question, you have businesses that are or could make an economic impact along St. Joe, Main, if these were able to be switched. Scott Ford: Absolutely. Councilmember Scott: Okay. Councilmember Schey: This is the portion only for questions not comments correct? Chairperson White: This is the portion for questions that pertain to this bill. Councilmember Schey: My smart streets question is kind of a lengthy comment, with a question at the end, so what I will likely do is save my smart streets question for the comments sections. I will ask a couple of questions though that have not been raised, that I would welcome more information on. The one question that has to do with appropriations out of Fund 408, that’s the EDIT fund. We have a $50,000 amount appropriated for increased business outreach/diversity initiative and there has been a lot of discussion, so I was just curious, is this funding for the Michiana African American Chamber of Commerce or are these dollars for something different? Mayor Buttigieg: I certainly think that the funding is consistent (inaudible) Councilmember Schey: So, it’s a line item that has yet to be determined where that money will go. SPECIAL MEETING OCTOBER 30, 2013 Mayor Buttigieg: (inaudible) Councilmember Schey: That as the first question. My second question I have is that we also have in Fund #408 we have $40,000 appropriated for an IN focus fellow, so I guess I always thought the Notre Dame Interns that work in the Mayor’s Office and elsewhere were doing their internships on a voluntary basis. I didn’t realize that there was money associated with that. Mayor Buttigieg, Sure, let me clarify the distinction between the interns in the Mayor’s Office and the fellowships. Interns in the Mayor’s Office are usually full-time/part-time students. The IN focus program is for people who have graduated. They have deferred job opportunities at other prestigious companies in order to spend that year in South Bend working on various projects. We call it the brain gain program. Councilmember Schey: How do we make sure that, that is fair, so for example, what are the eligibility requirements, what’s the application process, how do we make sure that everyone is being treated fairly and given an equal opportunity to become the IN focus fellow. Mayor Buttigieg: This fellowship is open to any graduate of that program. Councilmember Schey: We the City of South Bend, our HR Department screen the applicants. Mayor Buttigieg: This is not a city program. IN focus has their own applicant and screening process. Councilmember Schey: And then the last question that I have for you is certainly we do some or a variety of accounting methods with how we manage the budget and one thing that I didn’t completely understand and either you or maybe Mark might be able to explain. The 2 million dollars that we are appropriating for the vacant & abandoned initiative, that’s money that was currently in the EDIT fund that we are moving to the loss recovery fund. Can you explain the rationale of paying for the vacant & abandoned initiative out of the loss recovery fund? Mayor Buttigieg: I will defer to somebody, who has more expertise in dealing with those fund numbers. But I will say philosophically (inaudible) th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. (inaudible) Councilmember Schey: I guess because in reading the footnotes on the yellow sheets which there are abundance of yellow sheets, and abundance of footnotes, but doing my due diligence, my understanding by reading the footnotes was that the action that was actually taking place was that the money from the EDIT fund is being transferred to Fund #227 and the project was being funded out of Fund #227, is that an accurate? Mark Neal: (inaudible) Councilmember Schey: So the full $2 million dollars that if we appropriate tonight, the full $2 million will be coming from Fund #227. Councilmember Dieter: Okay, thank you very much. First of all I would like to thank the administration and everybody, I know sometimes there is a lot of work and a lot of things that the Council will ask and you guys have provided us with mountains of paperwork. So thank you for that. First and foremost I would thank you on behalf of all downtown business people by putting funding for adequate police patrols. Secondly, I think that (inaudible), I talked with Chris about (inaudible) and that is a project that really needs to keep going. Thirdly, Scott if you could come up again and explain that Lafayette & William are more of a traffic flow outlet as opposed to business development. Is that an accurate statement? You need those streets so when you start to work on Main & Michigan you have arteries that cars can flow out on. I don’t SPECIAL MEETING OCTOBER 30, 2013 know if you ever did, have you guys, it was in the thing, I may have missed it, what do you anticipate about Bartlett by the school and then heading south on Lafayette by the Hospital. Mayor Buttigieg: I will let Scott speak to the technical aspects. Scott Ford: (inaudible) Councilmember Dieter: Did any of the residents have concerns/comments of the increased traffic flow going by there. Scott Ford: It is not going to be that noticeable. Councilmember Dieter: How about the school corporation with increased traffic going south bound? Scott Ford: We are looking at Bartlett Street. Right now we are at the construction level, so as we go into design detail obviously we going to continue partnership. Councilmember Dieter: It’s actually a double fence because it is out there. And, also the District Representatives are under much more pressure from people like Oliver said, especially Olive & Ewing. Again, I would encourage as much as possible because I know that he has taken a lot in his District of things that have gone on and especially on Ewing Street, if there are ways to help get that project going and help him specifically, because he hasn’t receive a lot. Councilmember Oliver Davis: I would like to defer to our attorney. Could you clarify the page where the funds are for New Energy, the $350,000 for the wells. Could you clarify that? th Council Attorney Kathleen Cekanski-Farrand: For the benefit of the public, on October 18 the City Council sent recommendations as far as considerations for amendments and one of them included construction of wells near the former New Energy Plant over a series of discussions in collaboration with the City Administration, one of the many pages of the amended pages that were filed by Mr. Neal and his staff, including under the loss recovery fund Fund #227 on page number 737 a comment under the Smart Streets funding that there would be a reduction of $350,000 for and I am quoting “for future placement of wells near the Ethanol Plant.” So again, if you need further elaboration of that from the Controller’s Office Mr. Neal is shaking his head that he would do it, but it is in the budget. Councilmember Oliver Davis: Further elaboration Mr. Neal. Mayor Buttigieg: Just to be really quick that the idea is (inaudible) Councilmember Henry Davis Jr.: Thanks, there has been a considerable amount of construction jobs that could potentially happen if this Smart Street deal goes through. I am aware of that, I am very concerned and have been concerned for some time about local labor, and at this point and time I am going to ask and request that there may be a potential look at or a value of a project labor agreement at a level that doesn’t extend us into and including all of Southwest Michigan and not folks that are in St. Joseph County, more specifically South Bend, Indiana. Mayor Buttigieg: I appreciate that suggestion and certainly agree with local labor. Councilmember Henry Davis Jr: Is that your view/values or is that just an answer of how you think things should work. I’m not hearing like we are going to work towards that nor do it. It’s kind of like yeah. Mayor Buttigieg: We have not entered into any specifics about a potential project labor agreement. But we certainly do value and look forward to the spirit of conversation. There is no PLA written into the budget, but we are in dialogue with local labor and agree with the goal that we need to make sure that we are doing everything we can to support local labor. (inaudible) SPECIAL MEETING OCTOBER 30, 2013 Councilmember Henry Davis Jr.: That’s great, so in past years we have put that project labor agreement as being around 20-25 percent sometimes 30 percent. I am trying to get closer to see where we are at with these things. Again, I have a strong issue of us having local labors here and for whatever reason we find it is cheaper to employ people outside of the community saying we are doing a better job by doing it, but the problem is that the folks that live here are still unemployed, so they can spend their money here in South Bend. So I am directing my interest towards making sure that South not only gets a façade change if that happens, but it also gets the economic impact by folks who actually need the jobs and be able to spend their money in places South Bend, Indiana. Chairperson White: At this point, it is still in the Council portion, I am going to give each Councilmember an opportunity to make any closing comments and then we would take action at that point. Comments back and forth amongst Councilmember’s at this point. Councilmember Dieter: A lot of comments up here, but from me that we have to have this. Eric Horvath: We agree, we want to see it happen. Councilmember Dieter: I need a timeline so when people ask me. Eric Horvath: We want to make it happen as quickly as we can. Councilmember Dieter: Give me a time, two years, three years? Eric Horvath: I would say that the negotiations with INDOT in the beginning next year, and then sometime hopefully we would have an agreement. I would say that I can see jurisdiction transfers take as much as ten years. We don’t anticipate it taking that long with previous conversations with INDOT. They are going to be helpful throughout the whole process as was everyone who came to those initial meetings because INDOT understood that this a major project that people wanted to see happen. Chairperson White: I am going to ask Councilmember’s for their comments at this time. Councilmember Gavin Ferlic: I certainly appreciate all hard work that went into the but especially the two-way smart streets project. (inaudible) Councilmember Oliver Davis: I am thankful that the funding for the wells has been included. The anticipation for the two-way (inaudible) Councilmember Dr. David Varner: I want to echo comments made by the Mayor. Having sat through eighteen of these now, this is without a question, the most comprehensive budget hearings with all the questions from Councilmembers and answers from Mark Neal, John Murphy and their staff, getting back with those answers, through e-mails; meetings etc. I can’t tell you how many times I saw that as a struggle in previous years. I would like to invite everyone here that has sat through all these meeting next year, because I can guarantee you that there will be equally important issues and hopefully prevalent discussion and final analysis what we end up with is something that we all need to go home and start working on next year. Thank you. Councilmember Dr. Fred Ferlic: I want to second Councilmember Ferlic’s comments and Councilmember Dr. David Varner’s Comments on thanking the administration, they’ve bent over backwards, they compromised a lot. From their initial proposals a month ago, and so the public should know that, the public should also know that we have a $343 million dollar budget and as far as the smart streets is concerned there is really only $4.1 million dollars anointed going towards smart streets. We have an $11 million dollar budget, but $4.9 million of that goes SPECIAL MEETING OCTOBER 30, 2013 to Memorial which we have to do, we have to maintain a world class institution as any of you know economically they have a much poorer payer mix in St. Joe so we, the city has to help them out, to maintain our excellence in medicine and in the infrastructure $725,000 going to curb and sidewalks, another $1.75 to corridors, so that leaves you with $4.1 million dollars for the smart streets out of $343 million dollar budget. I am excited about Bill 45-13; I think that we have to seize the moment. I had a great opportunity in the past month to go around with the major grocery marketer in this area, and I should him around downtown South Bend and I asked him if he would put in some type of grocery store, because what we need here is a grocery store, a pharmacy, everybody knows that. He said that if we can get the people, that he will obviously do it. Okay, so there’s a real plus and this street project creates the density that we need. Also, I had the great opportunity of going around with a restaurant, a major chain restaurant owner, I spent a Sunday, going around downtown South Bend and he also said he would consider putting in a “chain” restaurant in downtown South Bend if we had the density. The only way that you are going to get the density, is with plans like Scott Ford is offering. So, that’s why I am excited about this whole thing and I think that there can be a whole economic renaissance in South Bend and I like to ask the community people, the downtown community people how many of you are in favor of this downtown streets, please stand up. I apologize, I defer to Chairperson White. Can you ask that question? Chairperson White: We are not in the public portion, but the Council can look out in audience and ascertain and acknowledge that. Councilmember Ferlic: Karen has taught me a lot. th Councilmember Schey: First, with all due respect to my honorable colleague from the 4 District I do need to correct the record, the amount appropriated for the curb & sidewalk program is actually $1.1 million and not $725,000. For the record please make that correction. I have a lengthy comment. I received numerous phone calls and I feel that it is my responsibility to share with all here tonight, my thoughts, opinions and feelings on this. So, first I want to thank everyone for participating in the democratic process and I also want to thank those of you in the rd 3 District that have put your trust in me to be a good fiscal steward of your money we are spending your money and I take that very seriously. So thank you for coming tonight and thank you for sharing your thoughts and concerns over the past couple of weeks. With every resident I have explained that as a representative of the tax payers of South Bend I take my responsibility to provide fiscal oversight very seriously. The request that is before Council tonight is to appropriate $11.4 million dollars for this project and I am talking about the smart streets, which I think we probably all knew. As you can all appreciate this is a very significant appropriation and therefore should demand a great amount of detail. For me personally I rely less on the narrative describing the project and more on the numbers describing the cost. The street scape scenes the photographs they have all been lovely, but I what I rely on more heavily is the fact and figures. I will share that I have continued to ask the administration for additional detail in terms of a detailed cost analysis for each phase. And I appreciate a lot of these details have not yet been worked out, but I have not yet received the level of detail as far as cost information that I need to ensure me that we have explored every opportunity for value engineering and economies of scale. To better illustrate this for everyone here tonight I will focus on two phases. I will focus on phase two which is the Jefferson Street project which has a budgeted cost of $1.475 million and a significant portion of that cost is coming from the installation of storm sewers. And Phase Three which would be the Bartlett Street/Leeper Park Roundabout which has a budgeted cost of $4.9 million. So to help explain where I see opportunities for value engineering on just these two phases I will refer back to the combined sewer overflow presentation that our Public Works Director Eric Horvath made to the Utilities Committee on August 26, 2013. It terms of addressing the drainage issues on Jefferson by installing storms sewers I would prefer that we first complete the scheduled work of installing the $24.5 million dollar storage tank at Howard SPECIAL MEETING OCTOBER 30, 2013 Park as well as the $10.3 million dollars storage tank at the old fire station which may significantly mitigate the need for the storm sewers. Additionally, I believe that there could be economies of scale by combining the scheduled work at Howard Park with the installation of the storm sewers on Jefferson. As far as the Leeper Park Project goes, we have plans to install a $49 million; we have plans to do $49 million dollars’ worth of combined sewer overflow project there. We have plans to install and 8.7 million gallon storage tank at Leeper Park. So my point is that there has been an artificial deadline imposed on this project by leading the public to believe that it a vote does not take place on this project tonight that the project is dead. It’s not, what I personally feel is we need to look at not only the smart streets project, but the other scheduled construction projects that we have on going. And I think by doing that and we have not taken the time to do that. And I think by taking the time to do that those numbers that I just shared with you for the combined sewer overflow those are significant dollars and if you are going to tear up the streets why do it twice? So, my questions, my plea to the Administration and my requests to the community that have been so generous with your time, your phone, your e-mails, is please understand that if a vote does not take place on smart streets tonight, it’s not that the project is dead, what we are trying to do is save you guys some money. I know, it’s a bit of a novel concept, but if there are opportunities for value engineering, economies of scale, heck if we are installing a, the storage tank that is going to go in at Howard Park in Spring, that’s a multi-million dollar project. Wouldn’t it make sense to combine that construction work the potential for storm sewers on Jefferson. And Leeper Park, how much did I say that storage tank, that’s a $49 million dollar construction project, why would we do that work in isolation from the roundabout. I’m not an engineer, but to me that just doesn’t make sense. And, so I will leave you all with both thank you for entrusting me with providing oversight for your tax dollars and then I would also say that I hope you understand that if the vote does not take place tonight and that the Council asks to continue to work with the Administration to look at these various construction projects and how we might be able to achieve economies of scale and also do some value engineering, we should all be grateful for that opportunity cause it could save us all a lot of money. And with that I’m done. Councilmember Henry Davis Jr.: Thank you. I’m tired to say the least. You guys have fatigued me. I’ve never met this much over a budget since I have been a Councilmember. As a matter of fact I think we met so much because a lot of information probably wasn’t being given out in the way that it probably should have. Do I commend everyone for showing up all the time, sure I do. However, I think we have done a lot of things that are probably been inconsistent to a lot of things that have been out there. Hope that we will be able to work at this better next year, because this was very grueling, it was very rough. It was rough and I think that it was rough for no reason. The other part that I am very concerned about you know is our priorities. We have joblessness rate in here again, I keep going back to beyond the State average, beyond national average, and we are the highest in employment in a five (5) county region. And, sure these jobs or perceived jobs proposed jobs may come in and I give value to it, because I think me and the gentlemen that are here business owners are going to invest their money. But it does not tap at not anywhere close to where we are at in the employment levels, nowhere close. What I do see happening is that many folks that like to place in South Bend will be able to play a lot harder in South Bend. But the folks that are a part of South Bend, that live in South Bend won’t get the benefit of the gain that we need and the investments that we need in our neighborhoods. I have not shied away from talking about what goes on in District 2 and even in the total City of South Bend. I have not shied away from that, I have always stood on the point, that if we don’t have jobs here, our crime goes up, and as you see crime is high and jobs are low. So they run hand in hand. Businessmen make profits period, there is business to make profit. I don’t begrudge any businessman from making a profit because that is what he is supposed to do. Just like I don’t begrudge a Councilmember for voting their wishes of their constituency base. I think that we need to be clear and honest about our intentions, I’m really unhappy with continuing to hear how SPECIAL MEETING OCTOBER 30, 2013 people are doing this to help South Bend and all of these value based decisions are going to be made. Let’s be honest we are adults now, if you want to make a profit, just say that’s what you are doing making a profit. And, that’s just what you say, I mean just be honest. If you are going to be you know a philanthropist, well say that as well. If that is the case, then pay for the streets on your own. But I want to make sure that we’re clear here as to what we are going to do with this city, and not smoke screen it, and put people in a position to make a decision based upon time or the unwillingness of certain individuals. South Bend does need to move forward I believe it; I want to see it happen. I think that we all will be happy to see it happen. But it needs to be responsible, it has to be responsible, and we cannot not include the folks that live in the neighborhoods, not in the immediate area, but outlying areas, it’s a community of 100,000 folks and some of the folks that are here I don’t know if everybody lives in South Bend, but this represents a small very, very, very small percentage of folks that are living in South Bend, Indiana. We can go on down from seniors all the way down to infants, we can go from black, we can go from white, we can talk about legacy, we can talk about Hispanic culture, we can talk about being Hungarian, we can talk about all those things, but our focus is and has to be to remain true we need to make sure that the people of South Bend, the people of South Bend, are getting the gain out of any and every project that we are doing. And, I digress. Councilmember Tim Scott: Thank you Chairperson White. And thank you Dr. Dave Varner for guiding us down this path and bringing it home. I also want to thank the Administration. All the citizens in South Bend, I have lived in other communities where you don’t get the reaction and the response like you do in South Bend. For me, this is my first term, I noticed it during the campaign, I noticed it since then, I like that about South Bend. I also like the fact so many members of my community, my district, has chimed in on this, and they are excited, the anticipation. For the budget, for the two-way streets, we talk about improving in moving South Bend, well it starts here, and it starts now. Councilmember Oliver Davis, I understand the past, and there are a lot of things that I could not control at the time, because I wasn’t on Council on what happened in the past. What I can do is look at is our term and tenure now in going forward. And while we are here we don’t want the actions of the past or what has happened in the past to happen on our watch. I’m committed to helping anybody on this Council that commitments be made and kept. But it is an exciting time, something we all talked about, something that I ran on, walking distance in downtown is where we live and people want to see change and it starts now. And, I think that this is a good program, talked to Ian Blackwood several times, participated in the workshops and charrettes and Councilman Dieter, Lockwood, yeah okay, thank you. And, Councilman Dieter there is a lot of input from the NNN and Chapin Park Area on this matter on both sides and I commend the administration for reaching out to those people and making sure that they are being heard and things are going to go the right way. As I said in the past, Leeper Park, you know it’s a very historic park, and I truly believe that we can have historic preservation but make improvements and make improvements for the better for us. I don’t think that the park was intended to be designed with a chain link fence and asphalt around a duck pond. I really think that we can make improvements and it starts here. I am excited about starting now having jobs in South Bend, having construction on this project for two-ways and moving forward. Chairperson White: I would like to as well thank the Councilmembers we have spent a lot of time together during the eighteen meetings that we have had and various conversations and just going over the information that the Administration has submitted to us. I would like to personally thank the Mayor and his Administration. I have been on the Council for quite some time and I just reflected on some of the previous budget processes that we have had. And, when we started this budget process the Mayor and the Administration had identified, if I’m not mistaken twelve or thirteen priorities. It was at that time that I indicated that you need to prioritize those priorities. Throughout the budget process the Administration has been very flexible with the Council, this is the first time that I have been on the Council that our priorities SPECIAL MEETING OCTOBER 30, 2013 that we had expressed in terms of curbs and sidewalks; in terms of adequate lighting; in terms of addressing the corridors; as well as other areas, one of which was addressing New Energy challenges with the wells and other areas I felt were so important for our neighborhoods. Throughout the budget process, I continue to state that we have to make our neighborhoods better as we looking at downtown South Bend as we are looking at different District; there are certain Districts that we have to address. I would continue to voice that concern throughout the upcoming budget processes to see more in terms of our prime directive towards the neighborhoods. But I wanted to publicly not only thank the Council, but to thank the administration because this is the first budget since I’ve been part of that I can say I see some of our priorities. I can see where the Councilmember’s had clearly articulated the need for curbs and sidewalks. Would I like to have more of course, will I ask for more, you can bet on that. It’s been a long process, the bottom line is that we will never agree on every bill, every item that will come before us. When we reach consensus, that’s well, when we don’t the bottom line is what’s best for our community, what’s best for our citizens and the ability to move forward. And the Councilmember’s that we have before us, they are committed to making sure that South Bend is a better community for all of our citizens. And, so as your Chair of the Committee of the Whole, it’s been a wonderful experience and that is the end of my comments. Councilmember Dieter: I like to move for favorable recommendation. Councilmember Dr. Fred Ferlic: Second Council Attorney Kathleen Cekanski-Farrand: The motion should be for the amended version. Councilmember Schey called for a point of order that she would like to make an amendment. Chairperson White stated that she would like to go to the Council Attorney in regard to making sure that they follow the proper procedures at this time. Council Attorney Kathleen Cekanski-Farrand advised that as long as the Chair recognized both motions they would be appropriate, the motion and the second. Chairperson White stated that she did not recognize because so many people were speaking. Council Attorney Kathleen Cekanski-Farrand advised that Councilmember Schey is order to make an amendment by proper motion. Councilmember Schey made an amendment to maintain the $1.95 million dollars that is earmark for Smart Streets in Fund #227, which will cover the $1.8 million needed for Phase I, but would like to delete the $4.5 million that is earmarked in the Major Moves Fund #412. Councilmember Oliver Davis seconded the motion. The motion was defeated by a roll call vote of eight (8) nays and one (1) aye (Councilmember Schey.) Councilmember Gavin Ferlic made a motion to accept the Smart Streets budget as proposed. Councilmember Dr. Fred Ferlic seconded the motion. Council Attorney Kathleen Cekanski-Farrand called for a point of order at this time. The amended budget before the City Council approves the funding as proposed by the Administration. So a separate motion would not be necessary, if they are included in Bill 45-13 as amended. Councilmember’s Gavin Ferlic and Dr. Fred Ferlic rescinded their motion. Councilmember Dieter made a motion to delete Trinal, Edit Fund #408, $50,773, on page 151. Councilmember Oliver Davis seconded the motion, which carried by a voice vote of nine (9) ayes. SPECIAL MEETING OCTOBER 30, 2013 Councilmember Dieter made a motion to recommend this bill to full Council with a favorable recommendation as amended. Councilmember Scott seconded the motion, which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Schey.) 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 met on this bill and sends it to the full Council with no recommendation. Mark Neal, City Controller made the presentation for this bill. Mark Neal: Bill No. 46-13 is submitted to you for your favorable consideration. Councilmember Schey: As the Chair of the Utilities Committee we are scheduled to discuss the proposed sewer rate increases. Is the proposed sewer rate increase already including in this bill. Mr. Neal: There is a sewer rate increase in that bill, but we do think that there will be some changes in those sewer rates. Councilmember Dieter made a motion to send this bill to the full Council with a favorable recommendation. 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 nd Chairperson White: I do believe that we need to action to accept the 2 Substitute of Bill No. 53-13. nd Councilmember Scott made a motion to hear the 2 Substitute version of this bill as on file with the City Clerk. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee reported had a hearing on Substitute Bill No. 53-13 and sends it to the full Council with no recommendation. Chairperson White: At this time we would like to call the presenters to the podium. Mayor Pete Buttigieg and City Controller Mark Neal. I need to ask our Council Attorney would this be the time to read the amendments. Council Attorney Kathleen Cekanski-Farrand: No, we would let the Mayor go first and then we will do that. SPECIAL MEETING OCTOBER 30, 2013 Mayor Buttigieg: Thank you and good evening. I will be brief because much of what is discussed and contemplated in this bill had been discussed quite a bit both in this chamber and in public. But I would like to revisit the reason why the administration believes that it is so important to make these adjustments. We are in the process of working to insure that the salary structure of our City needs two very important criteria: Internal Equity and External Competitiveness. The idea with internal equity is that within our organization people who work in substantially similar levels of responsibility can be entitled to substantially similar levels of pay. I want to remind everybody that this is a salary fixing and an ordinance fixing maximum salaries. So that performance can always come into the equation in terms of whether an employee is paid the maximum salary allowable by law or something short of that. The principle of internal equity is that the maximum salaries associated with any position should reflect a comparable nature to other similar positions internally. When I speak about external competitiveness, I speak about the imperative for every organization including a government and especially one with the kinds of responsibilities that the administration of the City of South Bend has. To ensure that it is paying every position at a level that is consistent with the market. It is consistent with what other people doing similar jobs in communities nearby with similar costs of living are paid. While I cannot promise adoption of this ordinance will completely satisfy those goals and acknowledge that there is more work to be done to ensure that kind of external competitiveness and internal equity exits for every position in the city. I do strongly submit to you that this moves us in the right direction by a great deal especially when it comes to a number of positions that we are rightly challenged on last year when we were first requesting a number of salary changes for position that were mostly vacant. The question that was asked of us at the time was why are you only adjusting the salaries for positions that are vacant because you need to recruit for them. What about positions that are currently occupied, is it fair to people working in those jobs that you only seem to be contemplating salary changes for those that are vacant. While some of the contemplated changes are here are vacant, I would especially draw your attention to those at water works. Many of them are for positions that are currently occupied. Our goal in researching what the going rate is for these kinds of jobs was to make sure that we have a way to from what in some cases represent bargain basement salaries to move us into the middle of the pack. To put us somewhere close to the average of comparable cities and I think we can move from the back of the pack to the middle on these positions with these proposed changes. I also just want to note that we did make one amendment incorporating a suggestion from members of the Council, the position of Director of Community Outreach be given a raise of 10% consistent with what was suggested to us earlier. So that is one change you would note nd in the 2 Substitute Bill. We have a chance to better position our city to be internally equitable and externally competitive and we believe this a very important step on the path on a having a very robust salary structure for our city as a whole. Thank you. Chairperson White: Thank you. At this time I would like to ask our City Clerk to read into the record the various amendments. City Clerk John Voorde: Deputy Director of Public Works new position funded at $90,000; Deputy Mayor new title funded at $98,000; Director of Water Works currently funded at $69,721 to be $81,000; Executive Director of the Morris Performing Arts Center currently $76,775 to $90,000; Ordinance Violation Bureau Clerk currently $33,866 expected funding $39,643; Parks Superintendent currently $77,041 proposed $90,000. Council Attorney Kathleen Cekanski-Farrand: All of the other positions will be at 7% that will be read into the record. City Clerk John Voorde: Assistant Zoning Administrator $53,338; Building Commissioner $79,374; Chief Code Inspector $46,418; Chief of Staff to Mayor $66,751; Deputy Chief of Staff to the Mayor $63,413; Deputy City Controller $73,440; Director of Central Services $69,721 at present; Director of Community Outreach $45,000 to be $45,900; Director 311 Customer Service $52,000; Director of Code Enforcement $70,623; Director Communication Center currently $56,541; Director of Office of Sustainability $70,782; Director of Human Rights $55,347; Director of Streets $70,968; Director of Safety & Risk $53,040; Director of Water Works $69,721 we covered that one; Director Environmental Services $73,089 up to $81,000; Forester $53,836; Manager of Environmental Compliance $60,757; Network Engineer $54,737 that’s it. SPECIAL MEETING OCTOBER 30, 2013 Councilmember Dieter: Madam Chair may I make a. Council Attorney Kathleen Cekanski-Farrand: The Director of Outreach, I believe $49,500. So those are all the recommendations from the Personnel & Finance Committee this evening. So, if the Council would want to entertain a motion on that before the Public Hearing. Councilmember Dieter: I would like to make an amendment Madam Chair. Chairperson White: Yes Councilmember Dieter: That the Deputy Mayor Salary instead of $98,000 it be $100,431. Council Attorney Kathleen Cekanski-Farrand: The problem with that would be that the Mayor would have to recommend that under State Law the Council can only reduce at this stage. Councilmember Dieter: Ok. Council Attorney Kathleen Cekanski-Farrand: The maximum recommended by the Mayor was $98,000. Chairperson White: At this point I want to ask Councilmembers if you have any questions nd regarding the 2 Substitute Bill 53-13. Questions regarding salaries, you will an opportunity if you would like to make any comments but the questions should pertain to the salary ordinance. Council Attorney Kathleen Cekanski-Farrand: Again, just a point of reference, if there is going to be an amendment that amendment should be made and then the questions to the presenter would be appropriate but then we should go directly to the public hearing. Councilmember Dr. David Varner: The point that I would like to make for the sake of better understanding is that these numbers that the Council provides are not the salaries, these are the maximum allowable salaries within the structure and the management aspects of the Mayor’s Office and the Administration they can work within the previous year’s salary and the maximum salary to find a level that suits the need if they can find the level that suits the need. So what we aren’t designating an absolute salary we are designating an absolute maximum. And I think that allows discretion in a number of instances for the salary to be at the Administration’s level rather than at the Council’s level. That’s a clarification that I wanted the public to hear. Councilmember Henry Davis: Sure, what is going to be the measurement, whoever, is going to answer this Mark Neal, Mayor Buttigieg? In speaking to this and the increases in salary the ones that have been asked for, what is the measurement of success of results for these positions. Is there a measurement? Mayor Buttigieg: So, the way we think of it administratively and I think the way you would find most organizations do in setting salaries is that you set the salary associated with a position based on the what the market says is right for that position. You set the actual salary for the incumbent in that position based on performance. So when we talk about wanting to make sure that compensation reflects results, that would be something that we would look to capture less in the legal maximum on what the salary could go up to which is what’s contemplated here, but rather as a management decision in the decision about whether to go all the way up to that cap or pay some other level. That would be a chance to contemplate properties not of the position but of the individual in it. Possibly include performance but also like qualifications and tenure. Councilmember Henry Davis: So qualifications and tenure, so how do you grade these things? For the lack of a better way of asking the question. Mayor Buttigieg: In terms of deciding how to evaluate employee’s performance? I think that is something that we candidly can do more work on. I think that there is an opportunity to develop more formalized structures than we have had historically for assessing performance of individuals. And we are working on one of the benefits of us now having a talent manager position within the HR Department. As we have more bandwidth to formalize those processes. SPECIAL MEETING OCTOBER 30, 2013 Right now they happen on a department by department level and I think that it is fair to say that each department handles that a little bit differently. Councilmember Davis: Well you know in looking at and hearing the $90,000; $90,000; you know it just seems to be a bit excessive compared to what we already have. I understand how you are matching them up but when we were talking a couple days ago, I asked about this EEOC report because I wanted to match against, I wanted to see a full picture of what our employee base looks like. And why it is necessary is because we need to get our census data back from the Federal Government it speaks to how many people measure obviously, their gender, also by race, age, just a (inaudible) demographic report, and what I am looking at right here at this EEOC report from last year to this year there is not much of a change mirroring the population that currently lives here. My expectation was that we were going to try to begin to change some of the ways that these things work for all for all people who live here in South Bend it is not a certain segment of South Bend getting the high paying salaries versus another segment getting the lower paying salaries. So, my question again as far as how you are grading these things and recruiting folks in, are you being a little bit more sensitive to the fact that the numbers that are on this EEOC reports not reflected at all. I’ve looked at the changes and I’ve only see like maybe two, maybe three changes total. Which does not amount to a very much of a changed based upon the information that you provided to me today and the information that I was provided close to a year ago. Mayor Buttigieg: Very sensitive. It is a goal of this administration that the work force of the City of South Bend reflects the community that we all serve. And I think that the relationship between a government and the public is better when the government resembles the republic and it’s make-up across gender, ethnic, racial, and other lines. I believe that we are making progress; I believe that there is a lot of work yet to be done. I would want to point out and want to correct something that I said last night, for the handful of positions I have been most directly involved with, appointments the Mayor’s Office, and appointments of department heads in the year 2013, I think I represented last night that I thought about 80% of those were women or minorities or both. That was incorrect; the correct figure was 100%. 100% of Department Heads that I have hired or Mayor’s Office personnel that I have brought in during the year 2013, have been women, minorities or both. I do not mean to say that means our work is done, far from it. We have a lot of work to do and I think most governments would say the same, when it comes to making sure that personnel at every level and especially and senior level, reflect the public of the community that they serve. But we are certainly sensitive to the reasons that we provide this EEOC data and will be very open to suggestions down the line on how to accelerate our progress toward that goal that we share. Councilmember Henry Davis Jr.: Just in order of fairness, I just don’t see it happening, I don’t. I am a bit concerned about the level of fairness as it relates to folks working on our end who is getting the high salaries and who is not. I just don’t see it happening. There was discussion between Councilmember Henry Davis Jr. and Council Attorney Kathleen Cekanski-Farrand about asking a question of the petitioner and making a statement. Chairperson White: I am going to ask again that any comments be directed to me as the Chair and that you will have opportunity to ask your question. Councilmember Henry Davis Jr.: Who are you talking to me or Kathy? Chairperson White: I am talking to the whole Council. Councilmember Henry Davis Jr.: So, looking at the changes in the budget, just give me a second; paying attention to changes in the budget I am concerned about privatization, and the reason that I am concerned about it is because of the graduation of low level salary employees or hourly employees either A: not getting a raise or getting a small raise or those positions unfilled and then we see an increase of salaries at higher levels and more new jobs at the higher levels. And I have seen models like this in other cities where they do this and the city goes into specialty services and these ones that are out here will go into a private company for city services. Is that where we are headed? SPECIAL MEETING OCTOBER 30, 2013 Mayor Buttigieg: I think that many of the cities that have turned to more privatization have done so because they have been unable to pay competitive salaries in-house. So as a matter of our vision and intent going forward for our compensation structure the more that we are paying competitively public employees, city employees, the less pressure that would create to turn to private sector actors to do work that might be better done within the public sector if only we are able to pay the right people doing the work. Councilmember Henry Davis Jr.: I hope that we don’t want privatization. I just the model of going down the street with it and it concerns me deeply, it does. I’m done. Chairperson White: Ok, thank you. I want to make sure that if there are any other nd Councilmembers who have any questions regarding the 2 Substitute Bill 53-13. Council Attorney Kathleen Cekanski-Farrand: Is there a motion so that the public has the right to speak. Councilmember Oliver Davis: Motion to approve. Council Attorney Kathleen Cekanski-Farrand: No, a motion with regard to the amendment that Councilmember (City Clerk) Voorde (inaudible) correctly. Councilmember Schey made a motion to accept the amendments as presented. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay. Councilmember Gavin Ferlic: I apologize what was the motion? Chairperson White: The motion was to, please Council Attorney. Council Attorney Kathleen Cekanski-Farrand: The motion was to accept the positions and the amounts read by City Clerk John Voorde to amend substitute Bill 53-13. Councilmember Gavin Ferlic: To incorporate all these amendments. Okay, nay would be my vote. Chairperson White: So the motion was made and seconded and Councilmembers had an opportunity to vote on that and it received a favorable recommendation in regards to accept those amendments at this time. I wanted to make sure that our City Attorney will also outline the next steps for us. Council Attorney Kathleen Cekanski-Farrand: Our public hearings on this bill and only this bill this evening any member of the public has the right to speak either in favor or in opposition for five (5) minutes and ask that you give your name and address for the record. All those that are speaking in favor of the bill first will speak initially followed by those in opposition. Then the presenters have the right to a rebuttal. st Chairperson White: I will ask 1 District Councilmember Tim Scott to keep time for us. nd Chairperson White: At this time is there anyone present wishing to speak in support of a 2 Substitute Version of Bill 53-13 as amended. Councilmember Tim Scott: I will give you a one (1) minute exit warning. The following individual spoke in favor of the bill: Cecil Eastman, 57112 Peachstone Avenue, South Bend, Indiana: I should also point out as many know I am an employee of the City. My position is not part of the list that was read off by Mr. Voorde this evening. If I am fortunate enough to be part of the city next year as I expect to be, I should be the proud recipient of 2% raise. But saying that, the importance of this increase cannot be understated and it really shouldn’t be taken too lightly. It’s not just a matter of whether or not SPECIAL MEETING OCTOBER 30, 2013 the individuals who are currently holding onto the position receive a raise that might be in parity with other cities it’s a matter of recognizing the work that is being done and it’s also a matter of being able to attract worthy colleagues. I look forward to improving the City in the best way that I possibly can and I look forward to working with the best possible people and best way to get those best possible people are to offer something attractive to them. Thank you. There being no one else 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 Bill No. 53-13 as amended. Councilmember Schey seconded the motion which carried by a voice vote of (the voice vote was not able to be counted) Councilmember Oliver Davis asked for a roll call vote. Roll Call Vote (six (6) ayes: Councilmember’s Henry Davis Jr.; Schey; Dr. Fred Ferlic; Dr. David Varner; Oliver Davis; and Dieter and three (3) nays Councilmember’s Scott; Gavin Ferlic and White.) Chairperson White: This bill will be sent to the full Council with a favorable recommendation. BILL NO. 54-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2014 Councilmember Scott made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee, reported that Bill No. 54-13 then substituted and accepted was heard in Public Hearing this afternoon and comes to the Council with a favorable recommendation. th Cheryl Greene, Assistant City Attorney, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana: I am pleased to be here tonight along with Jim Szucs who is the bargaining agent for the Teamster Work Group Union #364 and very pleased to report that after a three months, 55 hours meeting with 19 different work groups represented by 20 Teamster employees. We have reached an agreement as to wages and working conditions for 3 years beginning 2014 through the end of calendar year 2016. That agreement will be as reported in Bill No. 54-13 the substitute that is provided to you. A 2% increase for each of the three years. At this time I would also like to thank very much all the many people who have participated in this process as you could well imagine the 20 stewards representing the Teamsters as well as the City’s Administration Team represented by Eric Horvath, Public Works, Phil St. Clair, Parks & Recreation, Jan Hall helping with the Human Resources, Mark Neal, City Controller, my paralegal Mary Arndt, to take notes as well as participation by Councilmember’s Dr. David Varner, Oliver Davis, Valerie Schey and Gavin Ferlic. It was sometimes like herding cats to get this accomplished. We are very happy to report that tonight and ask for a favorable recommendation on Bill No. 54-13. Jim Szucz, 2405 E. Edison Road, South Bend, Indiana: I am the Business Agent for the employees in the Parks & Recreation and Public Works Department covered by the collective bargaining agreement between the City and the Teamsters and Kathy we didn’t want to forget you also. The Parks & Recreation work groups under the collective bargaining agreement, maintenance group, skilled trades group, zoo employees, golf course employees, the centers, and the arborists, and the public works departments covered under the collective bargaining agreement, all of the employees from the street department, sewer department, traffic & lighting, water works, construction maintenance workers, meter department workers, customer services representatives water treatment employees, the equipment services division employees, waste water employees, organic resources and building maintenance employees, today approve the SPECIAL MEETING OCTOBER 30, 2013 city’s offer for a three year collective bargaining agreement. Therefore, I recommend to the Council to please approve the resolution before you. Chairperson White: Prior to going to the public hearing portion. Councilmember’s do you have any questions? Seeing none and we thank you so much and we will now move to the Public Hearing Portion. 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 Dr. David Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Scott made a motion to rise and report to the full Council. Councilmember Gavin Ferlic 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 of the fourth floor of the County-City Building at 9:04 p.m. Council President Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10264-13 AN ORDINANCE 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 This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole, seconded by Councilmember Scott. Additionally, Councilmember Scott made a motion to pass this substitute bill, as amended, seconded by Councilmember Dr. Fred Ferlic. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Schey.) SPECIAL MEETING OCTOBER 30, 2013 ORDINANCE NO. 10265-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Scott seconded the motion. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis Jr.) ORDINANCE NO. 10266-13 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2014 This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of six (6) ayes and three (3) nays (Councilmember’s Scott, Gavin Ferlic, and White.) Additionally, Councilmember Oliver Davis made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Dr. David Varner seconded the motion. The bill passed by a roll call vote of six (6) ayes and three (3) nays (Councilmember’s White, Gavin Ferlic, Scott.) ORDINANCE NO. 10267-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2014 This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Dr. David Varner made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion. The bill passed by a roll call vote of nine (9) ayes. Council Attorney Kathleen Cekanski-Farrand: Before you adjourn, each of the Councilmember’s need to sign those documents and will be available some time on Friday. The necessary documents, we will be sending you an e-mail as soon as those documents are ready, we need your signature that day. Councilmember Schey asked if we can use a signature stamp. Council Attorney Kathleen Cekanski-Farrand: No you cannot. Council President Dieter: I thank everyone for coming. SPECIAL MEETING OCTOBER 30, 2013 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:07 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President