07-27-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING JULY 27, 2009 Council Attorney Kathleen Cekanski-Farrand stated that the cities that have that provision, that it is discretionary, that only in those instances where there was not a lot of children crossing that they have that authority. If they see a car that is clearly texting or dialing they have that authority, but if it is not put in the ordinance they would not have that authority. Councilmember Rouse stated that he is very concern and very supportive in making this a safer environment for the kids. He stated that in his opinion that the fine should be a minimum of $500, and he made mention of that in committee, that he relates this to driving through a work zone on a highway and the fine if $1,000 or imprisonment if there is injury to the workers. He stated that he values the youth of South Bend and thinks that $75.00 in the ordinance is on the low side and would like to see a minimum of $500 to start off with and use this particular ordinance. He stated that the city wide ban that the Mayor has suggested is probably more appropriate in his opinion, but certainly supportive of the resource and work and the concerns that the three councilmember’s have presented. Councilmember Puzzello suggested that if the Council is more receptive to a city wide ban than vote against the bill tonight, because she stated that she doesn’t believe that the Council wants to have discussion tonight on a city-wide ban. Councilmember White stated that she is in total agreement with Councilmember Rouse to increase the penalties. She stated that it is helpful during the committee meetings where there is the opportunity to hear from fellow Councilmember’s and the Administration as well. She stated that part of their Health and Public Safety Committees goal and sponsors of this particular bill before the Council tonight is to make sure that the Council has given everyone the opportunity to weigh in and hear the various options and they have done just that. She stated that she would not have any difficulties looking at the bill that is before the Council tonight and amend the bill to increase the fines but also to clearly spell out the next steps in regard to working with the administration and looking at a city wide ban and need that as a part of the minutes but also to begin the level of discussion not only with the various school corporations, both private and public, but also to make sure that they have had a level of conversation with the police department in terms of enforcement. She stated that any ordinance that they have that they will be discussing or passing, the enforcement has and continues to be a critical issue. She stated that she doesn’t believe anyone on this Council would want to pass a safety ordinance just to have it on the books, the Council’s goal is to have these ordinances in place and enforced. She stated that she believes they have the makings of a very good bill and continue to make amendments and have discussions and would like to incorporate as many of the recommendations that have been heard tonight and at the committee meeting this afternoon. She stated that she doesn’t believe that a Councilmember has to vote against this bill per say, but the Council needs to outline what those next steps should be to make sure the comments and the feelings of the Council are including in the discussions as well. Councilmember Puzzello suggested that this is a time for questions and the time has gone beyond that and now is the time for the public hearing and of course come back to the Council again for discussion. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Herb Herendeen, 710 W. Washington, South Bend, Indiana, stated that he had two thoughts for the Council to consider. He stated that he is in favor of protecting not only children but also residents of a neighborhood. The threat of every rule of law has some impact on benefitting the cause that is being tried to be solved. He stated that not every crossing is going to catch everyone passing through a school zone using a cell phone, but the threat thereof, just like a bank robbery is against the law, they still occur. He suggested that re-evaluating this bill and putting more teeth into this bill as it develops is probably a valid way to get it started. He also suggested that maybe adding people walking and talking and texting in school zones should be banned also. He stated that it 5