10-11-71 Council Meeting Minutes

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REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) RESOLUTIONS (Cont.) RESOLUTION NO. 286 -71 OCTOBER 11, 1971 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT F -264, "LEGAL SERVICES ", IN THE BUDGET OF THE COMMON COUNCIL IN THE AMOUNT OF $600.00, AND THE TRANSFER OF SAID SUM FROM ACCOUNT F -213, "TRAVELING EXPENSES ", ALL BEING WITHIN THE GENERAL FUND, AS AMENDED. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget, so that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary conditions; and WHEREAS, additional funds for Account F -264, "Legal Services ", are needed by the Common Council to assure the department's ability to properly perform its functions; and WHEREAS, a surplus exists in another account where it is not needed presently and more specifically as follows, to -wit: $600.00: in Account F -213 designated as "Traveling Expenses ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I., That the sum of $600.00 be transferred from Account F -213 "Travel- ing Expenses ", to Account F -264, "Legal Services ", both of said accounts in the Common Council Budget being within the General Fund. /s/ Will Member of m W. Grounds e Common Council A public hearing on this resolution was held at this time. Councilman Grounds said that cities have spent considerable amounts on tax duplication. He felt it was wise to hire legal counsel to investigate such possible duplications and thereby save tax dollars where services are pro- vided only to county residents. He further stated that $750,000.00 is spent for bussing of school children in the county but from which the City receives no benefit. Miss Guthrie ques- tioned the transfer of funds and inquired as to why the City Attorney and his staff could not do this. Mr. Crumpacker replied that this amount would buy a lawyer's time for such investi- gation. He said that his staff was swamped and are doing only about half of the work that really needed doing. He said that there is no additional time available. Council President Laven asked Mr. Crumpacker if he felt this was a worthwhile endeavor; if it had merit. Mr. Crumpacker replied that it does have the potential to save the tax payers money. Councilman Reinke mentioned that the reason this resolution came about was a result of Representative Doyle's appearance before the Council at the previous meeting. In talking with Mr. Doyle he was lead to believe that this investigation could be done for the sum of $500, why the $1,200? Since the City Attorney and his staff have no time to pursue this matter, in lieu of the pro- posed resolution he suggested the amount be changed to read $600; and he made a motion to that effect, seconded by Councilman Craven. Councilman Wise said he would like to know if we were the only city to promote this problem. Councilman Grounds said he thought we were probably the first in Indiana and he referred to Mr. Doyle's reference to cases in Florida and California which were won by the cities. Mr. Crumpacker suggested that the problem be brought to the attention of the State Legislature for legislative change if such duplications were found; or go to court. Councilman Reinke commented that Mr. Doyle presented several avenues where inves- tigations could be made. Councilman Szymkowiak commented that Mr. Doyle said such investiga- tions could be done for $500; but he understood it might be $600 or $750 and once the ball gets rolling it might require even more and, after the initial sum is invested, what is to be done if an additional amount is requested? Council-..President Laven requested a show of hands from all in favor of reducing the resolution amount from $1,200 to $600. Show of hands vote indi- cated 6 ayes and 3 nays. The Resolution was amended to read $600.00. Mr. Laven than asked if there were further questions on the matter. Councilman Craven commented he thought Mr. Doyle had created a situation similar to that of Mr. Nader; he knows the law and he knows we're not going to find anything -- we shouldn't consider the project. Councilman Grounds stated he didn't think Councilman - Craven's statements were fair to Mr. Doyle. He felt Mr. Doyle is trying to help the taxpayer. Nobody else has accomplished anything so far and maybe this will help us; he said he was at least willing to try. Councilman Szymkowiak commented that there is:2 more than one State Representative from.this area and his feeling was that they should get together and try to figure out something for the benefit of the taxpayer; they were elected by the tax- payers so why should we take on the burden of this cost. Councilman Grounds made a motion for the adoption of the resolution as amended, seconded by Councilman Reinke. The resolution was passed by a roll call vote of 6 ayes (Councilmen Laven, Allen, Reinke, Grounds, Palmer and Zielinski), 3 nays (Councilmen Craven, Szymkowiak and Wise), 0 absent. 1 1 1 1 ri