08-14-72 Council Special Meeting Minutes

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REGULAR MEETING AUGUST 14, 1972 ORDINANCES. THIRD READING 5417 -72 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO GENTNER (( PACKING CO . , INC. o . S cj 6 This ordinance had third reading. Councilman Parent made a motion that the ordinance be passed, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth.) ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA Councilman Parent made a motion that the enforcement section of the Ordinance, Article 7, be passed. Councilman Szymkowiak seconded the motion. Councilman Miller called a point of order and said that you can't vote on a part of an ordinance. You must vote for the whole thing. Councilman Newburn said that he felt you must vote on the entire ordinance as proposed. The chair ruled that Mr. Parent's motion was out of order. Councilman Kopczynski made a motion that the ordinance be passed, as amended, seconded by Councilman Serge. The motion failed by a vote of four ayes (Councilmen Serge, Miller, Taylor and Kopczynski) and four nays (Councilmen Szymkowiak, Parent, Horvath, and Newburn) one abstention (Councilman Nemeth). Councilman Miller then raised a point of order on the matter of Councilman Nemeth abstaining. He said he believed a Councilman must vote on every ordinance unless the Council allows him to abstain. Councilman Parent said that there was a valid reason for Mr. Nemeth's abstention because of the conflict of interest matter raised by Mr. Nemeth having represented the Independ- ent Trash Haulers previously. Mr. Parent said that he had abstained from voting on the Salary Ordinance in July and that Councilmen have abstained in the past. Councilman Nemeth said that he would like an opinion from the City Attorney on this matter and called for a recess until Mr. Sweeney could be located. Time: 11;15 p.m. The regular meeting reconvened at 11:40 p.m. City Attorney Charles A. Sweeney, Jr. asked Mr. Nemeth for the reason for his abstention. Mr. Nemeth said that, basically, he had represented the Independent Trash Haulers last year and when this issue first came before the Council, to avoid a conflict of interest charge, he had announced that he would not vote on the matter. However, he said that he would speak out on the matter. To avoid innuendo, he would refrain from voting on any matter involving garbage and trash pickup. Mr. Sweeney said that, in his opinion, Mr. Nemeth had a legitimate reason for abstention. Councilman Kopczynski raised a point of order on the matter of the order of voting. He said that the Municipal Code requires Councilmen to vote in order by District, then the Councilmen -at- large and last the President. He said that the 2nd District Councilman held up his vote until the end and voted last and not as specified in the Code. Mr. Sweeney said that, according to Section 2 -7 and 2 -8 of the Municipal Code, a member of the Council who did not vote when called upon and later attempted to vote out of order - not make a change in his vote - that vote would be void and would have no effect. Councilman Newburn made a motion that Councilman Nemeth be excused by the Council from voting on the trash ordinances, seconded by Councilman Szymkowiak. The motion failed by a vote of four ayes (Councilman Szymkowiak, Miller, Taylor and Newburn) and four nays (Councilmen Serge, Parent, Kopczynski and Horvath) one abstention (Councilman Nemeth). ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA Councilman Miller moved to amend this ordinance as follows: Change the effective date to April 1, 1973. Strike Section 16 -8 D. Strike Section 16 -30. Amend Section 16 -10B to read "The charge for city collection of garbage and trash and disposal shall be $1.50 per month for all households which can present to the Bureau of Refuse Removal a receipt for an exemption over 65 statement, and $2.00 per month for all other households ". Add Section 16 -57, "Severability. If any portion of this ordinance be declared or adjudged invalid, the remaining sections shall remain in full force and effect so long as they do not conflict with existing law Councilman Taylor seconded the motion to amend. The motion passed by a vote of five ayes (Councilmen Serge Miller, Taylor, Kopczynski, Horvath) three nays (Councilmen Szymkowiak, Parent and Newburn) and one abstention (Councilman Nemeth). Councilman Miller made a motion for passage of the ordinance as amended, seconded by Councilman Taylor. The motion failed by a vote of four ayes (Councilmen Miller, Taylor, Kopczynski and Horvath) four nays (Councilmen Serge, Szymkowiak, Parent and Newburn) and one abstention (Councilman Nemeth). ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. Councilman Parent made a motion that this ordinance be referredto a Committee of the Council with instructions that a report be made to the Council no later than the last meeting in March, 1973. Councilman Newburn seconded the motion. The motion failed by a vote of three ayes (Councilmen Szymkowiak, Parent and Newburn) five nays (Councilmen Serge, Miller, Taylor, Kopczynski, Horvath) one abstention (Councilman Nemeth). Councilman Taylor made a motion for passage of the ordinance, seconded by Councilman Miller. Councilman Miller said that the blame for lack of passage of the trash ordinances lies with the City Administration. They waited until the last possible moment to take a position publicly. There has been no direction from the Mayor and the administration on this issue. He said that they had failed to make even a "one- shot" trash collection in the Ohio - Keasey area, even though the Mayor had called the trash removal issue a high priority problem. Councilman Parent said that he differed with Councilman Miller on those statements. He said that he has been working on a trash removal ordinance for a long time and has communicate with members of the Administration, the Board of Works and Mr. Richardson for input into the ordinance. Councilman Taylor said that he found Mr. Parent's remarks peculiar since he did not back his own amendment. The question was called and the ordinance was defeated by a roll call vote of two ayes (Councilman Miller and Taylor) and six nays (Councilmen Serge, Szymkowiak, Parent, Kopczynski, Horvath and Newburn) one abstention (Councilman Nemeth). RESOLUTIONS RESOLUTION NO._ 319 -72 A RESOLUTION FOR TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET - $6800.00 WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to transfer money from one account to another in the same category in the annual budget for various functions of the Fire Department to meet such extraordinary emergencies and