06-16-04 Public Works, Property Vacation and Personnel & Finance

Home Browse Search

Joint Meeting of the Public Works and Property Vacation Committee and the Personnel and Finance Committee Neighborhood Association getting money for banners, and the Robert Henry Corporation getting a contract to hang the banners. He noted that there may be a constitutional issue of"privileges and immunities". Mr. Leone noted how complete the Council's legislative record was for the adult business ordinance which supported by the legislation was necessary. He noted that the Council must develop a rational basis for the proposed regulations in this area. Dr. Varner suggested that the title to Sec. 2-94 be changed by deleting"Reporting"and replace it with"Application"and throughout that section as needed,and perhaps focus on those who are seeking funding. Mr. Leone stated that that would go part way in addressing his concern. Dr. Varner noted that some of his requests for Form 990's have been ignored,and that if they are a part of the application process they would be a matter of record on file in the City Clerk's Office. He noted that the Form 990's are public documents,but that Council Members should not have to go to the non-profits office to review them, especially when they are receiving monies from the city. The Council Attorney suggested that a minimum amount might be considered for the application process in light of the banner example. Dr. Varner noted that good reporting or accounting information helps protect the Council when money is appropriated, and may in fact involve liability if due diligence is not done. He noted that he had provided a one-page sheet entitled"Types of Tax-Exempt Organizations"which the IRS prepared and which summarizes information on the various types (copy attached). Mr. 011ett noted that there is the same liability involved when for profit companies are at the table. He added that property tax payments are not tracked routinely by the city;to which Dr. Varner replied that if the Administration wanted that added he would be open to their suggestion. Mr.Andres noted that his operation asked for 501(CX3)exempt letter verification in order to give discounts.. Council Member Puzzello suggested that clarification was necessary with regard to contributions and service. Dr. Varner noted that his primary concern was on non-profits who request funding or contributions from the city. Chuck Leone noted that Underwriters Laboratory has a special status as a water testing lab with whom the city contracts. He also noted that South Bend Heritage has been hired when houses are moved. Sharon Kendall voiced concern of holding non-profits to a higher standard, noting that the proposed regulations may be challenged. June 16,2004 Page 2