HomeMy WebLinkAbout06-09-14 Common Council Meeting MinutesREGULAR MEETING JUNE 09,201
Disclaimer: Undergoing technology updates experienced some loss of video & audio recording for dictation.
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, June 9, 2014 at 7:00 p.m. The
meeting was called to order by Council President Oliver Davis and the Invocation and Pledge to
the Flag were given.
ROLL CALL
COUNCILMEMBERS:
Present: Tim Scott
Henry Davis, Jr.
Valerie Schey
Dr. Fred Ferlic
Dr. David Varner
Oliver J. Davis
Derek Dieter
Gavin Ferlic
Karen L. White
OTHERS PRESENT:
1st District
2 nd District
3' District
4 1h District
5 1h District
6 District, President
At- Large, Vice President
At -Large
At- Large, Chairperson Committee of the Whole
Kathleen Cekanski- Fairand Council Attorney
John Voorde City Clerk
Janice I. Talboom Deputy
Kareemah Fowler Chief Deputy
REPORT FROM THE SUB- COMMITTEE ON MINUTES
Our report for the sub- committee on minutes will be done on our next meeting. On June 23,
2014, we will have to two sub - committee minutes.
SPECIAL BUSINESS
ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE
ASSISTANT DEPUTY OF CHIEF OF STAFF BRIAN PAWLOWSKI
At the conclusion of our meeting if you want to meet with any of the council meetings you can
come to the floor and meet with any one of us.
BILL NO. 14 -54 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, PUBLICLY
COMMENDING JONATHAN BURKE FOR HIS
DEDICATED SERVICE AS THE CITY'S 1 sT
DIRECTOR OF THE MUNICIPAL ENERGY OFFICE
Our resolution of the common council publicly commends Jonathan Burke for his dedicated
service as the city's first director of the municipal energy office. We commend him on his
dedication to making a positive impact on energy uses by focusing on renewable energy,
transportation, efficiency, and innovation.
(A", the South Bend Common Council notes that its' Municipal Energy Office is
dedicated to "...make a positive impact on energy consumption and usage..." by focusing on the
REGULAR MEETING
JUNE 09,201
following key components: renewable energy, building efficiency, transportation efficiency &
innovation municipal regulations, and recycling and waste management; and
�, the Common Council further notes that implementation of such initiatives by
the Municipal Energy Office has improved the overall sustainability, health and conscientious
design of the city; and
60"„ the City of South Bend is currently transitioning from a Municipal Energy
Office to a broader Office of Sustainability, with the foundation of these programs being started
and implemented by Jonathan Burke, when he was named as the first Municipal Energy Director
in 2010; and
6A I , some of the many initiatives championed by Jonathan Burke included:
development of the plan for the 1s hydroelectric turbine advancement of the CNG program to
support cleaner burning; promoting cost effective CNG vehicles; implementing numerous
energy- saving projects in several municipal buildings; and generating countless collaborations
with the South Bend Community School Corporation "IRANSPO, Logan Center, IU South
Bend, Greening the Bend —just to name a few.
A A_oy6m 6e a msr,/ued, * bie V9i;9r mow W6nedyWo r P� _ _Aaw. a,
Section L The Common Council of the City of South Bend, Indiana, publicly thanks and
honors Jonathan Burke the city's 1s Municipal Energy Director, who served in this capacity
with distinction since 2010.
Section II. The Common Council wishes Jonathan Burke the very best as he embarks
upon a new career path as a private sector energy consultant.
Section III. This Resolution shall be in full force and effect from and after its adoption by
the Council and approval by the Mayor.
s /Tim Scott, First District
s/Henry Davis, Jr., Second District
s /Valerie Schey, Third District
s/Dr. Fred Ferlic, Fourth District
s/Dr. David Varner, Fifth District
s /John Voorde, City Clerk
s /Oliver J. Davis, Sixth District
s/Derek D. Dieter, At -Large
s /Gavin Ferlic, At -Large
s /Karen L. White, At -Large
s /Kathleen Cekanski - Farrand,
Council Attorney
s /Mark Neal, Deputy Mayor of South Bend, IN
Mr. Burke thanked the members of the council and the Mayor, and many others for giving him
the opportunity. It has been a phenomenal 3.5 years. The office was modeled after the Ann
Arbor Energy they were able to save $7 million over their first ten (10) year. I didn't do it alone
I thank my staff for implementing projects and bench marking our energy. Mr. Burke
acknowledge two of his team members and wife for their support and hard work.
Energy office- Thanked him for his contributions, and for all of his accomplishments.
Councilmember Scott - Thank you Jonathan for all of your service. I work for a green company
where thinking outside the box is the norm. Thank you for what you have done and your
contribution and I look forward to continue to work with you.
Councilmember Davis — Jonathan, you came in and you immediately went to work, we got the
PSG project, energy cost program and got on the same playing field. You are a great man and I
look forward to working with you in the future.
2
REGULAR MEETING
JUNE 09,201
Councilmember Schey — we were lucky to have you in our city. Teaching about conservation
and efficiency thank you so much for your service.
Councilmember Ferlic— Jonathan educated me on energy, and greening. He educated me a
couple weeks ago on an Oliver chilled plow. Jonathan can you share with us the story?
Jonathan stated that Oliver developed a process that when you polish the metal it makes a mirror
like surface, when you put in the ground the soil will fall away from it, as it was turned. We are
innovators, and Oliver was here from South Bend, he changed the face of agriculture world-
wide. Councilmember Jonathan, you and your wife are great spokespeople for the city of South
Bend, I look forward to consulting with you in the future.
Councilmember Dr. Varner — I'm glad you made the point that some people received your ideas
well and some others didn't as we need to challenge our thinking. I appreciate you for
challenging the conventions on energy. I appreciate your efforts, thank you.
Councilmember President Davis — Thank you for all the great work you've done in South Bend.
All the conversations, good luck, I appreciate all the time you put in.
Councilmember Dieter — thank you so much and thank you for the foundation that you laid for
the energy office moving forward.
Councilmember White — as the first Director of the Energy Office, we could not have had a
better person, you've set the standard high to challenge status -quo. We appreciate you and your
wife and wish you God -speed in your next position.
Councilmember Schey made a motion to adopt this by acclamation. Councilmember Dr. Varner
seconded the motion, which carried by a voice vote of nine (9) ayes.
REPORTS OF CITY OFFICES
Deputy Mayor Mark Neal — I would like to offer my congratulations and thanks to Dr. Burke. I
would like to confirm the Jefferson St. projects will begin later this week with an expectation
that it will be completed in October of this year. I want to highlight tomorrow at the Public
Works meeting they will be opening bids for the conversion of the streets from one -way to two -
way as part as 2014 complete streets initiative. Finally, the Mayor highlighted `Bike it to Work"
week as part of the Green Initiative of the city. There's a pancake breakfast from 7 -9am. The
Mayor will be showing the movie Break Away this week in the theatre, and this Saturday people
will have the chance to ride the new US 31 for 25 miles to enjoy the smooth rode. The Mayor
thanked the council for their support as they continue to make the complete streets a reality in the
city. Thank you.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
No motion needed to resolve into the committee of the whole as there are no Public Hearings or
Third Readings.
PUBLIC HEARINGS
There was no public hearings to come before the Council at this time.
r "IMMMr:utioil1 111110 e�
There were no bills for third readings to come before the Council at this time.
RESOLUTIONS
There were no bills for resolution to come before the Council at this time.
REGULAR MEETING
BILLS - FIRST READING
JUNE 09,201
BILL NO. 34 -14 FIRST READING ON A BILL OF THE AMENDING
THE ZONING ORDINANCE FOR
PROPERTYLOCATED AT SOUTHEAST CORNER OF
MEADOW AND LOMBARDY 64+ OR — ACRE SITE,
COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF
SOUTH BEND, INDIANA
This bill had first reading. Councilmember made a motion to refer this bill to the Area Plan
Commission. Councilmember seconded the motion, which carried by a voice vote of nine (9)
ayes.
There was no unfinished business to come before the Council at this time.
NEW BUSINESS
There was no new business to come before the Council at this time.
PRIVILEGE OF THE FLOOR
Councilmember Henry Davis, made a motion to raise time limit from three (3) to four (4)
minutes, motion seconded by councilmember Schey seconded the motion which carried by a
voice vote of nine (9) ayes.
Theodore Robert— 2617 Fredrickson St. South Bend, Indiana - Requested more time to be
allotted to eight (8) minutes as opposed to the four (4) to present all of the information this
evening.
Councilmember Henry Davis, made a motion to extend Theodore Roberts to eight (8) minutes,
motion seconded by councilmember which carried by a voice vote of nine (9) ayes.
COMMENTS REGARDING CORRUPTION OF THE MAYOR AND CHIEF OF POLICE:
Theodore Roberts- We are here today for several reasons on the issues that are occurring in the
police department, and would like to inform the citizens of South Bend as they are vital to the
welfare of our community. Roberts reported that there has been misconducted by Mayor Pete
Buttigieg and the Police Chief. They presented that there was federal and state laws broken by
both, which include civil rights violations, racial discrimination, employment discrimination,
duty manual violation, creation of hostile work environment, conduct of becoming an officer,
abuse of power, and employee harassment. The Mayor allowed the Police Chief to carry on
these actions knowingly. The method in which hiring these new policeman were questionable by
the Police Chief. There was approval from the Board of Safety for theses position which didn't
allow for all eligible to apply. Police Chief has no authority to create new positions or executive
privileges or executive orders as outlined in Section 202 of the South Bend Duty manual. This is
just one of many examples, there are 9 accusations against the Chief of police, this is the person
that Mayor choice as our Police Chief. I am asking that you place the Chief on administration
leave until an outside investigation has occurred. Should these accusations prove to be true we
ask that the Police Chief and Mayor be held accountable for their misconduct.
Samuel Brown- Representing Citizens United for a Better Government - As our city is
unraveling, a corrupt police department, and police states not released to the public. When you
hide something, eventually it is going to come up, so the duty of the council is to bring this forth.
Everything that evolves in this city is your responsibility to represent the citizens of South Bend,
as of right now we are not getting our money's worth.
10
REGULAR MEETING JUNE 09,201
Pastor Mario Sims- 608 S Josephs St. South Bend, IN- I'm here representing the Citizens United
for a Better Government, we were formed as a citizens watchdog group to ensure people are
informed by the works of the government in support of the officers today. We are watching
closely so there is no retaliation. It is our duties for our police who risk their jobs. We look
towards the leadership of this council to take action. Every citizens should be outraged when
police officers are publicly complaining, listen to the cry of our citizens and those who risks their
lives every day for us.
Nicole Maniche Beater- 1240 Van Buren St, South Bend, IN- I'm taking a stand, a life sacrifice,
as the racism that was done towards my 16 year old son and his false accuses for murder. I have
been denied my rights to file complaints against the police department. I am asking for justice
for my son and the police officers.
Melvin Townsend — 330 Manchester Dr. — The problem lies with the City Council, you need to
address it. He was appalled that they don't have the decency to look out for residents as they are
ruining the city.
Jesse Davis — P.O. Box 10205, South Bend, IN — There are a lot of things that are not happening
I brought to documents to the police department, they stated it went to the legal department that
proved fraud, there was nothing done about it. This man as Chief is not doing his job and I too
will be filing a State investigation. He has no business here, send him packing.
COMMENTS AGAINST THE SMOKING BAN FOR CITY OF SOUTH BEND:
Gary Weston — Representing the Bar & Club Owners of South Bend— We have held meetings
that none of us are looking to move on with a smoking ban. If you proceed further with the
ordinance, you would be isolating the bars and clubs in South Bend. The Evansville ban was
overturned by the United States Supreme Court. This would be an unfair advantage, and we are
prepared to take this further, and to the Supreme Court if we have to. The Mayor supports our
ordinance as well. We don't want our business to be devalued.
Sharon Graham— Manager of City Limits Lounge: 1807 S. Ironwood, South Bend — This
business was started 40 years ago, if you pass this ordinance the smokers will not come to our
business. We pay our taxes and we will close by the end of the year if you pass this ordinance.
Don Kelly — Owner Kelly's Pub: 1150 Mishawaka Ave. — If you do pass this we will go out of
business. I'm too old, to do anything else. If we lose 25% of our business do we get anything
back for our losses? You are not allowing us to live out our lives.
Loretta Burger — Lonnie's 23 Inn Bar: 1989 Prairie Ave — The last meeting I was really upset,
because you are acting like you are the only ones that matter. You are taking my life away from
me, higher taxes, we will lose revenue. Let us have our right do not take this away from us
ADJOURNMENT
There being no further business to come before the Council, President Oliver Davis adjourned
the meeting at 7:51p.m.
ATTEST:
ATTEST:
John Voorde, City Clerk Oliver Davis, President