11-22-04 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 22,2004 Mr. Ivacic advised that the people of South Bend have asked the Council to be guardians of the citizens of South Bend's tax dollars. The shepard's of our duly collected monies that should be used in a prudent and frugal way. Why not shine light on issues that affect our pocketbooks. Jim Cierzniak, 1156 E. Victoria Street, South Bend, Indiana, spoke in favor of this bill. Mr. Cierzniak stated that he is in favor of Bill 32-04. This bill is long overdue and we have labored under a government in which decisions were made behind the scenes for too long. Tonight is the opportunity to change that, the Mayor is probably going to get up a second time to oppose something that the Council has proposed. Mr. Cierzniak stated that he has never seen that before, he further noted that it is as if he is present at the creation and it is a good feeling. The arguments that have been made tonight are right to the point and brilliant in the analysis of what Bill 32-04 is all about. Mr. Cierzniak urged the Council's favorable recommendation and offered to those that might vote against it what are you trying to hide by your vote? Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana spoke in favor of this bill. Ms. Kopala advised that she is a big advocate of access to public records. She believes that this bill would allow for the ease of obtaining access to public information. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mayor Stephen Luecke, 1400 County-City Building, South Bend, Indiana spoke opposed to the bill. Mayor Luecke stated that Bill 32-04 is unnecessary and makes government less efficient. We can continue to build a 21st Century City without the provisions of this bill. Bill 32- 04 is three different sections: (1)Budgeting—specific budgeting procedure that reflects much of what we are doing right now. Mayor Luecke stated that he could appreciate the recognition that we are trying to present good information to the Council during the City's budgeting processes. However, we have developed this system organically over a period; it is a give and take between the Council and the Administration. The Council tells the Administration what information they are seeking and they tailor the budget presentations to better provide the information that is being asked. Once you start coatifying it, the flexibility is taken away; you tie your hands as well as our hands. (2) Cost Benefit Analysis—is undefined in this bill. This requirement could require adding two—three staff positions. In the Capital Budget alone, there are over two hundred items that are greater that$100,000.00. In addition, to do a cost benefit analysis on each of those would certainly put additional strain on staff. The administration presents both programs and changes in the way that we are doing business and provide a rational to the Council. For example, when we changed our street sweepers and we asked the Council for the dollars to buy a new type of street sweepers, we told you that by buying this type of street sweeper it would free up personnel and allow them to work in other positions. Even though this was not a formal cost benefit analysis that was done, we certainly present to you the rational and talked about the savings of the improvement that we expect to come from that change. Mayor Luecke advised that they will continue to do that. (3) The bill reflects on Not-for-Profits, there are some concerns about the added requirements. This section is unnecessary and unclear. The Community Development Staff does a thorough review and qualification process of Not-for-Profits receiving funds through CDBG and during the Capital Improvement Program. Some of those not-for- profits are Memorial Hospital, St. Joe Med Center and Madison Center. (4) Contracting —The Board of Works bids all contracts for construction and equipment. There have been a few occasion when we have taken advantage of state bids to get the best price and once we signed on with a low bidder through a federal bid program. So in this case, we were taking advantage of bids that were already bid. Any municipality in the State can take advantage of the low bid generated through these programs. We do not bid professional services nor does State Law require that. We do seek the best qualified firm or individual to do the work. In many ways it would be as if you were seeking a doctor 13