11-26-73 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 26, 1973 (I COMMITTEE OF THE WHOLE MEETING (CONTINUED) proper to leave the judgment to the police officers in these cases. He felt the ordinance should read that the cars should be equipped only according to the sound system of original design. Mr. Sheetz indicated that, if the equipment does not meet the standards set for the general use of an automobile, then that automobile would be in violation. He felt that the police officer must be given that discretion. IlCouncilman Parent made a motion that the ordinance should go to the Council as favorable, seconded d by Councilman Horvath. The motion carried. II nRDTNANCF AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE REGULATION OF CITY -OWNED VEHICLES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Kopczynski, Chairman of the Council Committee on Motor Vehicles, made the presentation for the ordinance. He proceeded to explain the various sections of the proposed ordinance. He stated that an annual report was required to be filed with the City Clerk on or before the lst day of April of each year, with the report to con- tain the following information: Name of department or bureau to which vehicle is assigned, name and title of person using the vehicle, make and year of vehicle, description of vehicle, mileage as of January 1 of the year of the report, license number and city number and an explanation of th use and need for all city vehicles. He further indicated that all vehicles to be purchased must b included in the budgets in a line item for the particular department or bureau using the vehicle, and the vehicles must be inscribed with the name of the department and an identifying number. He indicated that the Mayor's vehicle and police vehicles designated by the Police Chief would not be required to have the inscription on the automobile. He concluded by indicating a favorable recom- mendation from the Committee of the Whole. Mr. Maurice Cohen, 725 East Eckman Street, congratulated the Council for proposing the ordinance. He wondered about certain cars being utilized by certain employees, and he cited an instance where city -owned cars had been used for personal and private use. Mr. Rollin Farrand, Director of the Department of Public Works, stated that the Bureau of Traffic and Lighting frequently made traffic counts and speed checks. He felt this could not be adequately done from a marked car. He expressed the hope that the people at the Municipal Services Facility would have a greater control over the vehicles and-maintenance. Councilman Kopczynski referred to the committee report made on November 2 and the recommendations set forth. He explained that some of the points covered in the report had not been incorporated in the ordinance because they were only recommendations from the committee. Mr. Farrand indicated that he felt there would be some benefit in assigning the pur- chase of the vehicles to the Municipal Services Facility. Council President Nemeth referred to paragraph (b) of the ordinance and stated that the-Council only wished to know who was being given use of the cars. He asked how many unmarked cars would be needed for the traffic counts, and Mr. Farrand suggested that four cars be unmarked. Councilman Kopczynski asked how frequently the traffic counts were taken, and Mr. Farrand answered that the counts were taken quite often. Counc President Nemeth wondered why there should be unmarked cars used just for traffic counts, and Mr. Farrand stated that the cars would also be used for speed checks. He felt that, if people saw the marked cars, speeds would be reduced and the bureau would not be able to obtain a realistic speed determination. Mrs. Janet Allen, 125 West Marion Street, felt that the traffic counts and speed checks could be made from the marked cars. She stated that, if an exception was made, there would be further exceptions made. Mr. Cohen stated that he thought the radar cars from the Police Department were responsible for speed checks. He agreed with Mrs. Allen that there should be no exceptions made. Councilman Serge was of the opinion that the marked cars would slow down the drivers and the bureau would not obtain accurate counts and checks. Councilman Miller questioned the legality of the ordinance. Mr. James Roemer, City Attorney, felt that most of the provisions were enforceable. He questioned a provision relating to the establishment of a policy concerning the vehicles being taken home at night by the employees, and Councilman Kopczynski stated that that provision was only a recommendation of the committee which was covered in the report. He stated that it was not a requirement under the ordinance. Council President Nemeth made a motion to amend the ordinance by changing the first line of paragraph (d) on page 2 to read: "The first sentence of paragraph (c) of this ... ". Councilman Miller seconded the motion. The motion carried. Councilman Kopczynski then made a motion that ordinance, as amended, go to the Council as favorable, seconded by Councilman Serge. The motion carried. lCouncilman Parent made a motion to recess, seconded by Councilman Kopczynski. The motion carried and the Committee of the Whole recessed at 8:45 p.m. Reconvened at 9:12 p.m. II nRDTNANCF AN ORDINANCE APPROPRIATING THE SUM OF $3,798.02 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He stated that the appropriation repre- sents the final payment for sewers on Beale Street. He explained that the sewers were constructed in accordance with the Barrett Law and the resolution adopted by the Board of Public Works. The total cost was $17,275.63 with the city being assessed in the amount of $7,322.04 of which $3,524.02 was paid on April 23, 1971. I lCouncilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Horvath. The motion carried. II nRDMANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SANITATION OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND