02-23-98 Council Meeting minutes

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REGULAR MEETING FEBRUARY 23, 1998 Now, Therefore, Be it Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, urges the Indiana General Assembly to pass Senate Bill No. 260 commonly known as the "SLAP" legislation. - Section II. The South Bend Common Council believes that the amended version of Senate Bill No. 260 would help level the playing field for all citizens who wish to exercise their inalienable rights under the Federal and State constitutions. The bill would help protect such individuals from the threat of legal and financial intimidation which currently requires such persons to defend themselves in resulting lawsuits brought against them by governmental agencies and incurring all of the related costs for attorney fees and out -of- pocket expenses of such litigation. Section III. The Common Council of the City of South Bend, Indiana, directs the City Clerk to distribute copies of the resolution to Governor Frank O'Bannon, Lieutenant Governor Joseph E. Kernan and to members of the Indiana General Assembly representing the City of South Bend, so that they know the position of the South Bend Common council on this important constitutional issue. Section IV> This Resolution shall be in full force and effect from and after its adoption by the Common council and approval by the Mayor. James Aranowski, First District David Varner, Fifth District Charlotte Pfeifer, Second District Andrew Ujdak, Sixth District Roland Kelly, Third District Sean Coleman, At Large John Broden, Fourth District John Hosinski, At Large ATTEST: Rod Sniadecki, At Large Loretta Duda, City Clerk Stephen J. Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this resolution and recommended it to the Council favorable. He made the presentation for the resolution. He reported that SLAPP is an acronym for Strategic Lawsuits Against Public Participation, and there are a number of incidents throughout the State. He advised that Senate Bill 260 was presented this year. He read the resolution. Roger Voelker, 1713 Franklin, spoke in favor of this resolution indicating that the St. Joe Valley Greens organization also supported this resolution. Joyce Boaler, a City resident, spoke in favor of this bill and commended Council Member Varner for the resolution. She indicated it was appalling that such a law was every made. Jim Cierzniak, 1156 E. Victoria, advised he supported this resolution. He indicated it was nice to see Boy Scouts attending this meeting because they can see we are still fighting for citizen's rights. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2563 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTENT TO ISSUE BONDS TO FINANCE CERTAIN IMPROVEMENTS TO THE