02-24-14 Common Council Meeting Minutes

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REGULAR MEETING FEBRUARY 24, 2014 Chairman Schey advised that Personnel and Finance Committee met earlier today and sent the Bill over with a favorable recommendation. Presenter (John Murphy City Controller) offices on the 12t Fl. — Part of the October negotiation was the Teamster Union representative was this hourly rate ordinance. There were 3 clerical errors on hourly rate schedule that we are correcting. They are not significant in the hourly amounts for any person. Chairman Schey offered the floor those wanting speak in favor or against seeing none. Councilmember Henry Davis made a motion send this bill to the council with a favorable recommendation. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 07 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING CERTAIN BOUNDARIES FOR SOUTH BEND TO FURNISH WATER AND SEWAGE SERVICE TO THE PUBLIC Dr. Varner stated the Utilities committee met this afternoon and this bill was not sent with a recommendation. Presenter (Mayor Pete Buttigieg) - This bill is the result of a court decision giving municipalities the right of first refusal on sewer service outside the city limits. We originally asked that rules be suspended for passage expeditiously. However, I re- considered and asked that the council did not suspend the rules. The city of Mishawaka City Council have met and established their territories. They have drafted a document consistent with a long standing agreement between both cities. We have sent over a document informing them of our intentions and the mutual understanding to recognize that informal agreement. As of now Mishawaka taxpayers are paying the new rate and our resident are not. That leaves us at risk of losing the rate offered if some other municipalities in our area would assert their right before we do. This is presents with a 4 radius to eliminate the risk of invalidation. After speaking with the committee we also drafted a letter stating our intention to honor the informal agreement boundaries. It would be our intention to set that boundary even if Mishawaka did not. President Oliver Davis- Council Attorney repeat what you just stated so the people understand what is going on. City Attorney - There has been much discussion over the perimeter of the city. The court of appeals in the Newburg case gave the cities the right create to mile marker around the city in December of last year. Mayor Buttigieg, submitted a letter honoring the boundary agreement between Mishawaka and South Bend. The agreement recognizes the service boundaries Hickory Rd on the north, and Grass Rd on the south. The document says that the City of South Bend has no intention ongoing beyond that memorandum of understanding that our Mayor has sent to Mayor Woods for their consideration to honor that long standing agreement. This shows clearly on the record what the agreement has been for the last 20 plus years. We wanted that acknowledged publicly because of the ordinance including the complete full mile ring. It shows our intention to honor our good faith of the past. President Oliver Davis- Can you mention the map that will be included? City Attorney - The map attached to ordinance shows the complete full mile, which is authorized by state law. President Oliver Davis - They both are part of the record?