02-11-13 Common Council Meeting Minutes

Home Browse Search

REGULAR MEETING FEBRUARY 11, 2013 UNFINISHED BUSINESS BILL NO. 13-12 - AMEND SOUTH BEND MUNICIPAL CODE, SAFETY REGULATIONS WHEN PASSING BICYCLES Councilmember Gavin Ferlic made a motion to refer this bill to the Health & Public Safety Committee and set it for Public Hearing and Third Reading on February 25, 2013. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13-14 – CENTURY CENTER RESOLUTION – UNSIGNED BY THE MAYOR – COUNCIL ACTION REQUIRED PURSUANT TO I.C. 36-4-6-16 Council Attorney Kathleen Cekanski-Farrand advised that there is a scrivener’s error for item # 11 B. Should be Amended Bill No. 13-14 which was adopted by the City Council on January 28, 2013 by a vote of 8-1. The Mayor then had the opportunity to either approve that legislation by signing it or vetoing that legislation and returning it to the Council with a message again using State Law language announcing his or her veto and stating the reasons for that veto. She stated that the Mayor did send a letter to the Council. At this stage the Council has the opportunity to rd) basically override that veto, but they must have a two-thirds (2/3 vote to take that action if they fail to take that action the resolution is considered defeated. Councilmember Oliver Davis made a motion to override Amended Bill No. 13-14. Councilmember Schey seconded the motion. The motion carried by a roll call vote of seven (7) ayes and two (2) nays (Councilmember’s Varner and Gavin Ferlic.) NEW BUSINESS Councilmember Henry Davis stated that he doesn’t want to cause any conflict with the Council but has to ask this question, when dealing with the Council and you have elected officials who are here, who are elected by the people, he is just a bit concerned about the heavy handedness of our Council leadership. If there is a Council person wishing to ask a question because their district is of concern, that person is concerned. He stated that he thinks that the Council person should have the ability to ask that question without being cut-off. He feels like that is not responsible nor does he feel that is proper courtesy or even show good faith to those who even come to show up for these meetings. If a Council person can be told not to talk anymore, this is rude. Council Attorney Kathleen Cekanski-Farrand stated that as the Parliamentarian for the Council stated that a Councilmember can always make a motion to override the Chair, whether it be Councilmember White as she is the Committee of the Whole Chair or Council President Dieter with the proper motion. Councilmember Oliver Davis thanked his fellow Councilmember’s for attending the Public Works and Property Vacation Committee Meetings at Rum Village to discuss the flooding problems near the New Energy (Ethanol Plant.) He thanked Eric Horvath, Public Works Director who has put in a lot of time. He noted that as Chair of the Public Works and Property Vacation Committee he will be following up with a letter to the Mayor and the Redevelopment Commission outlining some of the ideas and plans and stated that those who live in the area will get copies of it to at least give some solutions or alternatives to the Mayor so they can help resolve this matter as soon as possible. PRIVILEGE OF THE FLOOR Sam Brown, Citizens United for a Better Government, (CUBG) 415 LaSalle, South Bend, Indiana, commended Councilmember Oliver Davis and Councilmembers for their hard work and continued help to those residents near the New Energy (Ethanol Plant.) Mr. Brown stated that he has heard people saying that Citizens United for a Better Government doesn’t always have their facts straight. As Chairperson of CUBG, and everything falls onto his shoulders, he is going to 5