08-13-01 Council Meeting Minutes

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REGULAR MEETING AUGUST 13, 2001 Mr. Scott Wilcox, 701 West Sample Street, South Bend, Indiana, stated that in regards to the ticket scalping issues, it was mentioned that seventy -five per cent (75 %) of the population of the United States live in an area where ticket scalping /ticket sales are regulated. However, it is ironic that seventy five per cent (75 %) of the police departments that are making more in first class patrolman pay more than the City of South Bend. Mr. Derek Deiter, 1135 Portage Avenue, South Bend, Indiana, stated that Mr. Neighbours was brought in from Indianapolis to be the lead negotiator and sole spokesman for the Council to do his job and then go home. He also stated that comments made by members of the Department that irritated or made the Council uncomfortable were not done on a personal basis and he apologized if any Councilmembers were insulted. Additionally, he noted that the City web site indicates the City's wage proposal which the FOP asked not be made public as it bypassed the wage negotiation team. He noted that it is an anti -union strategy to delay negotiations until there is a deadline. The police have asked the City to fax their latest proposal to them so the wage team can determine whether it should be taken back to the body so they can vote on it but with a four (4) day deadline that is impossible. He noted that the City's fact sheet states that unfortunately the FOP's absolute insistence upon a 8.5% increase means that the FOP membership will not have the opportunity to vote on a wage package that substantially increases all salaries including the pension base. Mr. Tom Dixon, no addressed given, stated that he has now had the opportunity to review the ticket sales ordinance that was voted on. He noted that the ordinance is specific to ticket sales. He further noted that he has observed children selling fund raising items, in the street on Angela as traffic slows to enter into Notre Dame stadium. He asked if the City's concern is for public safety why it would not particularly focus its attention on those children and why it would permit their selling fund - raising items and would instead specifically concentrate its efforts on ticket scalpers alone. He also questioned the definition of vicinity and noted that as written only one or two houses would be affected. He noted that there is also a state criminal trespass statute that can be applied for anyone who trespasses on another property which can address the issue of another's property being destroyed in the act of selling tickets. Mr. Dixon also noted that there is a noise ordinance in place that can be enforced. He stated that this ordinance does not seem to do anything other than access a fine. The tickets are not taken away and the individual is not put in jail and it is within the reasonable discretion of the police officer to address the issue. He reiterated that there are statutes and ordinances in place that could address some of the concerns raised by citizens. Mr. Marion Kasznia, 114 Marquette Avenue, South Bend, Indiana, stated that the City has three (3) Mayoral Assistants and a PR Chief on the Police Department. He noted that this Council is the fourth highest paid in the state, the Mayor is the fifth highest paid and there are seven (7) attorneys in the Legal Department. Yet the City has to hire Baker and Daniels for bond issues. He asked what the tax increases were for the last four (4) years and whether that was the Police Department's fault because they got pay raises. Mr. Ken Donnelly, Portage Township, no address given, stated that the ticket sales ordinance as amended is much greatly improved. He noted that the City of Phoenix, Arizona experienced similar problems and they were able to establish a designated ticket exchange or sales area. He noted that he objects to Section 13 -36 (a) of the ordinance which references public entertainment. He further noted that regardless of public opinion, individual private business establishments that provide entertainment are not public places. Ms. Kelly Lawall, 701 West Sample Street, South Bend, Indiana, stated that regardless of the stories told by police officers about their families and their sacrifices the bottom line is that the Council does not care. She noted that she has never in her ten (10) year career been so insulted by the City government and she does not know if it is something that can ever been repaired. It is no secret that South Bend businesses and taxpayers are behind the Police Department. Good faith was blown out of the water in the same sentence as Mr. John Neighbours was brought in. She stated that there was no good faith from the very start.