11-22-04 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 22,2004 only in the issuance of emergency contracting but also various issue as they come along. When the Council acts in an Administrative capacity as opposed to a Legislative capacity, it loses its immunity, there is effectively absolute immunity for Legislation that is passed by the Council. When the Council steps out of that role and approves or disapproves individual contracts, they are no longer acting legislatively and therefore the immunity that comes with legislative action disappears. Mr. Leone asked the Council not to pass this bill. Mr. Carl Bossung, 61450 Myrtle, South Bend, Indiana, spoke opposed to this bill. Mr. Bossung advised that he is a partner in Crowe Group, which is the holding company for Crowe, Chizek& Company LLC., Chairman of the Board, St. Joseph County Chamber of Commmerce. Mr. Bossung stated that he Chamber represents 1,177 businesses in St. Joseph County from small business to large business, a very broad spectrum. The Chamber believes this bill creates unnecessary bureaucracy in the terms of the expansion of business and the attraction of business to our community. Mr. Bossung stated that the Chamber is in the process of completing a strategic plan to create more jobs for the community. In doing this the Chamber believes that we need to change the environment and create it to foster more innovation,more risk taking for the community as a whole. The Chamber believes that this bill creates another layer of bureaucracy to government. Mr. Bossung asked the Council to vote against Bill No. 32- 04 Mr. Phil St. Clair, Superintendent, South Bend Park Department, 321 E. Walter St., South Bend, Indiana spoke opposed to this bill. Mr. St. Clair stated that he believes in scrutiny and open communication. The way that the City is currently structured allows that opportunity. As far as the Parks and Recreation Department goes, we have a public meeting every month and our meetings are attending by members of the public and reporters. We open the meeting with our bids for that meeting. Everything we open in a bid is public information, prior to the bidding, we spend a great deal of time internally working on our operating and capital budgets, we then share that information with the Council. Mr. St. Clair further stated that he believes that it is not anyone's integrity that is in question here, but just a communication problem. There are certainly other options to look at in terms of communicating with department heads and City Administration. Mr. St. Clair urged the Council to look at other options in improving communications and ask the Council to vote against this bill. Ms. Sharon Kendall, Executive Director, Community&Economic Development, 1200 County-City Building, South Bend, Indiana, spoke opposed to this bill. Ms. Kendall advised that Bill 32-04 creates undue burden on already strapped City resources, time and personnel. It creates additional layers of bureaucracy that will slow the processes that the Department of Community &Economic Development and the public must go through to effect economic and community development projects that enhance the quality of life of our citizens. Ms. Kendall further advised that we should be looking at ways to streamline processes. There are 240 not-for-profit organizations that do business with the Community&Economic Development Department that could have the potential to be affected some way by this bill. Bill 32-04 will not lead to greater efficiencies just the opposite, its micromanaging, creates timing issues and adds layers to processes that the public already finds cumbersome and could negatively impact projects by creating delays and project negotiations and approval. If more information is needed, Ms. Kendall suggested expanded dialogue and working more closely with departments. She further stated that Bill 32-04 is not the vehicle for achieving that. Mr. Matthew Kahn, 100 N. Michigan, South Bend, Indiana, spoke opposed to this bill. Mr. Kahn stated that he is a former Commissioner with the South Bend Redevelopment Commission. Mr. Kahn stated that he has heard of the lack of transparency to public records. As a member of the South Bend Redevelopment Commission, their meetings are held on the 1St and 3rd Fridays of every month and certainly everything that was on that agenda was published 2 weeks prior to that meeting and was readily available to 15