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REGULAR MEETING JULY 24, 2006 <br />Mr. Bodnar advised that in Section 2-137 of the South Bend Municipal Code the <br />Common Council has authorized the Parks Department to operate under the provisions of <br />IC 36-10-4. While IC 36-10-4-9 clearly gives the Park Board the authority to set rules, a <br />recent Indiana court case has cast doubt that this general power extends to the <br />enforcement of the rules by expulsion if necessary, absent Common Council <br />authorization. Mr. Bodnar further noted that while rare, there are occasions when a <br />person can pose a direct threat to staff or other park patrons or is otherwise so disruptive <br />to park programs and offerings that others cannot enjoy them. Passage of this ordinance <br />will greatly enhance efforts to control such problems. <br />Mr. Phil St. Clair, Park Superintendent, 321 E. Walter Street, South Bend, Indiana, stated <br />that signs will be posted indicating violations, fines and codes of conduct. <br />This being the time heretofore set for the Public Hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this bill, Councilmember Varner made a motion for favorable <br />recommendation to full Council concerning this bill as substituted. Councilmember <br />Rouse seconded the motion which carried by a voice vote of eight (8) ayes. <br />BILL NO. 41-06 PUBLIC HEARING ON A BILL OF THE <br /> COMMON COUNCIL OF THE CITY OF SOUTH <br /> BEND, INDIANA, APPROPRIATING THE SUM <br /> OF $514,000 FROM EDIT FUND 408 AND <br /> $70,730 FROM EMERGENCY MANAGEMENT <br /> FUND 288 FROM THE FIRE STATION NO. 2 <br /> CONSTRUCTION PROJECT AND EQUIPMENT <br />Councilmember Pfeifer made a motion to hear the substitute version of this bill. <br />Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) <br />ayes. <br />Councilmember Rouse made a motion to amend the substitute bill. Councilmember <br />Dieter seconded the motion which carried by a voice vote of eight (8) ayes. <br />Councilmember Ann Puzzello, Vice-Chairperson, PARCS Committee, reported that this <br />committee met this bill this afternoon and voted to send it to the full Council with a <br />favorable recommendation. <br />Councilmember Al “Buddy” Kirsits disclosed that he is a member of the South Bend Fire <br />Department and after discussion with Council Attorney Kathleen Cekanski-Farrand it has <br />been determined that there is no conflict of interest. <br />Fire Chief Luther Taylor, Michigan Street, South Bend, Indiana, made the presentation <br />for this bill. <br />Chief Taylor advised that the project for construction of a new Fire Station No. 2 was <br />previously approved by the Common Council. However, the contract bids exceeded the <br />estimates upon which initial approval was based, and in order to undertake this necessary <br />and desirable project an additional appropriation was needed. The amendment is to strike <br />the word management from fund 288 and replace with medical. Chief Taylor further <br />noted that Economic Development Income Tax (EDIT) funds of $514,000 are available <br />in Fund 408 for this purpose and a smaller sum of $70,730 is available in Emergency <br />Medical Fund No. 288. <br />This being the time heretofore set for the Public Hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. <br />8 <br /> <br />