12-13-71 Council Meeting Minutes

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REGULAR MEETING REGULAR MEETING - RECONVENED - (Cont.) RESOLUTION NO. 294 -71 - (Cont.) DECEMBER 13, 1971 WHEREAS, certain extraordinary conditions have developed since the adoption of the exist- ing 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 E -12 "Services Personal - Pauper Attorney" are needed by the Office of City Judge to assure the department's ability to properly perform its functions; and WHEREAS, a surplus exists in another account where it is not presently needed and more specifically as follows, to -wit: $450.00 in Account E -11 "Services Personal - City Judge" NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $450.00 be transferred from Account E -11 "Services Personal - City Judge ", to Account E -12 "Services Personal - Pauper Attorney ", both of said accounts being in the same category in the Office of City Judge and being within the General Fund. /s/ Robert 0. Laven Member of the Common Council A public hearing on this resolution was held at this time. Mr. Bickel stated that earlier this year the Office of City Judge was abolished; prior to that action the then City Judge appointed a pauper attorney to defend two cases, which in this case happened to be the same attorney for each case. Claims were received on these cases quite some time after the abolishment of the Office of City Judge, one in the amount of $150.00 (5 hrs. @ $30 /hr.) and $300.00 (10 hrs. @ $30 /hr.) There are sufficient funds in Account E -11 to cover pauper attorney fees. Mr. Bickel then read the following letter from George E. Herendeen who was the City Judge at the time: "Mr. James Bickel City Controller City of South Bend 14th Floor City- County Building South Bend, Indiana 46601 Re: State of Indiana vs. State of Indiana vs. Dear Mr. Bickel: December 9, 1971" Frank Howard Bentz, Jr., Cause No. 49035; and Clinton Martin, Jr., Cause No. 49079 You have brought to my attention the fact that the city has received a statement for attorney's fees in the above two cases. In the Bentz case, you indicated that the attorney's statement is $150.00; in the Martin case, the statement is for $300.00. As indicated from the respective Docket Sheets, Attorney Anthony Luber was appointed to defend both of these individuals. Having reviewed the Docket Sheet and the Statement for Services Rendered, I am of the opinion that the billing from Mr. Luber should be paid. Therefore, it is my recommendation, consistent with the practice of the South Bend City Court, that each of the statements of Mr. Luber for services rendered in the above two cases be paid. If you have any questions, please advise. "GEH:cac Very truly yours, /s/ George E. Herendeen I Miss Guthrie commented that she was not aware the City Judge appointed pauper attorneys. City Attorney Shepard J. Crumpacker stated that when it is an important charge, such as murder, the City Judge will do so in exceptional cases. Councilman Craven made a motion to adopt the resolution, seconded by Councilman Grounds. The resolution passed by a roll call vote of 7 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Palmer), 0 nays, 2 absent (Councilmen Wise and Zielinski). RESOLUTION A RESOLUTION EXPRESSING THE SENSE OF THE COUNCIL REGARDING PUBLIC HOUSING IN THE MODEL CITIES AREA A public hearing on this resolution was held at this time. Councilman Grounds made a motion that the resolution be withdrawn, seconded by Councilman Szymkowiak. Mr. Don Findley, 610 S. Brook- field Street, South Bend, Indiana, a management aide with the South Bend Housing Authority, said he felt the public housing program should continue and some efforts could be made by the Model Cities Agency to use existing sites. Councilman Grounds said that this Council had made a pre- vious commitment with the South Bend Housing Authority that no more public housing would be erected West of Michigan Street until some had been developed East of Michigan Street. He con- tinued that he felt it was a moral obligation to hold true to this. Since no one has come for- ward and asked for more public housing, he felt the Council had no right to break its trust to the people of the City. Councilman Janet Allen asked Mr. Carter if many people within the Model (Resolution continued on next page)