07-13-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING JULY 13, 2009 stated that by not passing these bills tonight, drastic cuts will have to be made. She stated that the Council serves the citizens of South Bend; she stated that very large cuts would hurt the citizens very badly. Public Safety, Parks, Code Enforcement and all the other departments that work together to make this a fine city will be diminished if that amount of money would have to be cut. She stated that is something that she cannot stand to see. th She stated that she was elected by the residents of the 4 District of the City of South Bend to represent them on the City Council. She stated that on some issues that means listening to those residents and listening to what their wants are for their neighborhood. But on other issues there are some complicated issues that need to be worked out and that’s what she feels she is elected to do and believes that she does the very best that she can. She stated that what she has heard tonight is that people rightly don’t really understand where the money comes from and which is tax money and which is not tax money and that type of thing and that is why she was elected by the residents of her district to know and handle. She stated that she feels that she is working for the people of her district by voting in favor of the taxes. She stated that she is Chairperson of the PARC Committee for the City Council. She stated that the parks don’t keep us safe, they don’t improve the streets or keep the neighborhoods neat or pick up the trash and maybe for that reason it always seems that the Parks and Recreation Department are the first to have their budget cut. However, what they do is to make lives livable, educate residents, help residents stay healthy, make residents happy unless it’s a bad day on the golf course, and once those facilities are gone, they cannot be recovered. So between not wanting to lose public safety employees and not wanting to lose the parks that she so dearly loves and not being able to call code enforcement on a problem going on in a neighborhood because their staff has been cut so severely that they cannot help right away and the situation will have to wait. She stated that it those reasons that she will be voting in favor of increasing the option income tax and that they will continue to find better ways to serve people and serve them in a more economical way. Councilmember Rouse asked about the Hatch Act and it’s appropriateness and having the two members on the Council representing public safety being able to vote on these bills. Kathleen Cekanski-Farrand, Council Attorney, stated that both Councilmember Dieter and Councilmember Kirsits have filed a detailed Uniform Conflict of Interest Form with the State of Indiana and a copy goes to the Circuit Court of St. Joseph County, and the City Clerk’s Office. The form was sent down in January of this year and been reviewed. She stated that based on case law that is relevant; the Hatch Act is not before the Council this evening. She stated that based on the State Law both Councilmember’s have fully complied with all of the regulations as far as disclosure of their sources of income, and believes that is proper for them to participate in the discussion and also to cast a vote. Councilmember Kirsits stated that you can easily go to the IAFF website and see the hundreds and hundreds of professional firefighters that are elected to state legislatures, city council, and water district boards, throughout the United States and there are quite a few beside himself and Councilmember Dieter throughout the State of Indiana that are elected to town boards, city councils, and the state legislature within this state. He stated that the most recent interpretation of possible use of the Hatch Act was because federal dollars were involved in a Mayoral race in Terre Haute, Indiana and that has yet to be decided that if that applies to it. Councilmember Henry Davis commended everyone who came out tonight to speak on both sides of the issue of local option income tax. He stated that this is not an easy decision but is a necessary one. He stated that he wished that the Council Chambers were full with citizens every meeting, sometimes he feels like they are talking to walls. He stated that a vote in favor of the tax makes it look like they are pro public safety and parks and a vote in opposition looks like an anti public safety and parks, so it’s a no win situation. He stated that he believes that it is his duty as the Council representative for nd the cash strapped residents of the City of South Bend and more specifically the 2 District get more of a return on their investment as taxpayers. He stated that as a citizen and an elected official he understands that the citizens of South Bend should not pay more money to city hall until city hall makes good on its promises. He stated for that reason he will not be supporting these bills. 28