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City Council

Regular Meeting

Hammond, IN · June 10, 2013

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Minutes

MINUTES OF THE COMMON COUNCIL JUNE 10, 2013 The regular meeting of the Hammond Common Council of the City of Hammond, Lake County, Indiana was held on June 10, 2013 in the Hammond City Council Chambers. Council President Michael Opinker presided. City Clerk Robert J. Golec facilitated. PLEDGE OF ALLEGIANCE was recited by all. ROLL CALL PRESENT: Markovich, Spitale, Venecz, Uylaki, Higgs, Emerson, Opinker ABSENT: Kalwinski, Hinojosa TOTAL: 7 PRESENTATION BY HAST SCIENCE OLYMPIAD TEAM Councilwoman Venecz - So often we hear only about the trouble that kids get into and I think it’s really important for all of us to know some of the accomplishments of our children in Hammond. At the Hammond Academy of Science and Technology Middle School Science Olympiad they had a very successful season. They placed first in the Hammond Invite held at Eggers. They ranked first again at the regional competition held at Purdue Calumet. At the state tournament held at Indiana University in Bloomington, HAST Middle School ranked tenth out of thirty teams. This a big accomplishment for the HAST Science Olympiad program that has only been in existence for three seasons. I’d like to introduce you to a couple of members from the team. Victor Lopez - 9th Grade - Science Olympiad is about science and different types of engineering together in one class. This is an extracurricular activity that we do after school. There are many different events in Science Olympiad, I think there are 23 different events. Each one depends on a different category. I liked the weather this year so I did a category about weather. I study and take a test on weather. If I do good and pass the test and I get the best score then I get 1st place. There are building events that are typically about building something like this Roto Egg Drop. We put an egg in there and we drop it and see if the egg breaks or stays afloat. The whole thing weighs about 3 grams. We’ve only been around for three years which is pretty good that we placed in all these regional tournaments so far. We had an awesome coach, Tracy Mis, which is in the back. We couldn’t have done it without her. Announces names of the members of the team. HAST Team Member - I wanted to explain my Helicopter Egg Drop. Basically what you do is hook an egg on a bag up to here and you drop it from a two story drop and you have to get the egg to survive. We based our contraption off of a real helicopter. Prepared by Robert J. Golec Hammond City Clerk 1 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 READING OF THE MINUTES Councilman Spitale, supported by Councilman Emerson, moved to accept the minutes of May 13, 2013 and place on file. AYES: ALL APPROVAL OF CLAIMS Councilman Markovich, supported by Councilman Higgs, moved to approve the claims from May 8, 2013 through June 5, 2013. Claim #2412 through claim #2826. Councilman Markovich, supported by Councilman Higgs, moved to amend claim #2479 to ILMCT from the City Clerk from $1,200 to $800. ROLL CALL VOTE (amend claim) AYES: Markovich, Spitale, Venecz, Uylaki, Higgs, Emerson, Opinker NAYS: None ABSENT: Kalwinski, Hinojosa Motion carried 7/0/2 AMENDMENT ADOPTED Councilman Markovich, supported by Councilman Higgs, moved to pull claim #2791 to Lake Area United Way for $590,877.00, basically for discussion and clarification. Councilman Markovich - As we discussed, maybe Bobby Lendi can give us an answer on this. This is a half a million dollars that the City of Hammond has from gaming revenue that we donate to charities throughout the city. In the past what we would do is a check would come from the City of Hammond to these organizations stating that this money was from the City of Hammond. The question came up that if this money goes to the Lake Area United Way if a check is going to be cut for these different groups for the City of Hammond or if its gonna be cut through the Lake Area United Way. Maybe you can give us an answer and take care of all of this. City Controller Lendi - One of the reasons that the city has been using the Lake Area United Way for the last three years is primarily to ensure that the gaming money that the gaming commission donates their charitable donations to, to ensure that these charities are in fact 501(c)(3) charities. That they are legitimate charities and that they’re accomplishing the task that they say they’re going to accomplish when they apply for the monies. So the Lake Area United Way is tasked with making those assurances on behalf of the City of Hammond. So when the charity comes to us and they say, “We need $20 thousand because we’re going to do X in your community.” Now we can assure that they are a legitimate charity and then B, we have follow up to ensure they do what they say they were going to do. Secondarily, as you know, the Lake Area United Way is very prominent in our region and one of the things that they are able to do is they are able to garner additional matched dollars. So for every dollar the City of Hammond funnels through the United Way to our charities, United Way of Lake County is able to obtain additional dollars from large corporate donors and therefor we get an excess of a dollar of service for every dollar that we generate for one of our charities. That being said, when the Lake Area United Way does disburse our monies to those charities the check will in the upper left hand corner say the United Way however Prepared by Robert J. Golec Hammond City Clerk 2 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 APPROVAL OF CLAIMS cont. City Controller Lendi - every charity that it goes to is aware that those monies are being distributed from the City of Hammond’s Gaming Advisory Commission and it’s for the purposes that were set forth in each those charities applications to the City of Hammond. Councilman Higgs - I guess my question would be in regards to these particular organizations is that if they can be identified to us prior to because every year we get a number of organizations though out the city that approach us for donations now we get a list altogether today which is the first time I’ve seen it with organizations through out the city that receive money from the city but they also approach us as council persons through out the city for contributions for organizations. If they’re receiving this kind of money, some of them $25 thousand, there’s no need to come and ask for $50 or $100 from me when you’re getting $25 thousand. There are other organizations that really need the money and these are the ones that we should be focusing on versus the ones that are already receiving this type of money. So I would like in the future to have some kind of statement or something identifying the organizations that’s applying for this particular assistance through the city. Councilman Markovich - Everybody that applies, do they get some money or this is only ½ a million dollars, is there still money left over or no. City Controller Lendi - No, Councilman. As you know the Gaming Advisory Commission is a nonpartisan board that is set up, I believe the council has an appointment to it. That nonpartisan board then gets together. We put out requests through all the newspapers for applications for approximately $600 thousand in the Mayor’s discretionary gaming money that he gives to charitable organizations. Those organizations then fill out an application, it gets presented to the gaming commission who then decides which organizations to fund and in what amounts. Councilman Higgs - At one time Ms. Ola Smith was on there, for whatever reason she was removed, but the reality of it is there were questions being asked as how the money was being spent through out the city. So it brings to me question as to which organizations really need the money. You know, that’s the important part. So, in the future, and I understand it’s on the agenda here now, but in the future I would definitely like to know what organizations are applying so I can weigh my options as well. Councilman Emerson - As a former member of that commission for five years, the two criteria we had, and it’s been a few years since I’ve been on there but were a 501(c)(3) and servicing citizens of Hammond. Because we would have groups that were 501(c)(3)’s from throughout Lake County that really didn’t service Hammond per se. if they did it was more or less by accident or you know the way it flopped. We had actually, they presented, they would present what their program was in front of the committee to where we got to know them and we would get strange requests from time to time. Apartment owners that said because they took a trip to Wrigley Field or Comisky Park, Cellular Field that they were qualified for the not for profit gaming money. So, I think the commission does a great job and I know the monies have dwindled a little bit than when I was a founding member of it or not .... I was one of the first committee members. So, I don’t have a problem with especially what you just said about the United Way, that’s great. Prepared by Robert J. Golec Hammond City Clerk 3 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 APPROVAL OF CLAIMS cont. Councilman Higgs - And not just saying that, in the future we might want to put a cap on it. I mean some of these organizations are getting $100 thousand, some $25 thousand, some $30 thousand, some $5 thousand. I mean, where’s the cut off here? City Controller Lendi - For Councilman Higgs edification, this isn’t gaming money that comes off the top of the pot. This is part of the money that the council has appropriated under the title of Mayor’s Discretionary Gaming. This is the mayor’s discretionary gaming money. It’s not a general pot of money. Just as you all have your district funds that you have appropriated, this comes out of the appropriation that has been set a side for the mayor. Councilman Higgs - So who makes the determination? He just makes the determination as to which organizations get the money. I understand there’s a governing board but the reality of it is there’s different organizations, there’s no caps on them. It’s different amounts for each organization. I mean where do you stop? Do you say okay this organization applied for 50 we gonna give him 30 or this organization applied for $200 thousand, we’re gonna give him $100 thousand. I mean what are the guidelines or the restrictions in regards to giving these organizations the money? That is my question. I know it’s a discretionary fund but there are a lot of needs and wants in my district as well and I would like to see some of that money spent in my district. This is a discretionary fund. City Controller Lendi - I would advise with Mr. Higgs then to speak with the council’s appointment to the Gaming Advisory Commission and indicate to his appointment that he would prefer to see additional funds in addition to the ones that are already spent in the 3rd District spent there. To answer the question as far as who decides, I think I’ve answered that, I’ll answer that again for you if I was unclear. That the mayor has created a non-partisan board that’s made up of appointments from all over the city from various backgrounds and from all districts and they’re the ones that weigh the applications and make the determinations on where the money goes. Councilman Higgs - Who’s our appointee for the council? Council President Opinker - Actually, I don’t know. Councilwoman Venecz - I can tell you that I am on the advisory committee. I will also tell you that there were several applications, there were many applications that were submitted. Each and every application was scrutinized. We looked to see if the organization was a not for profit. We looked to see how many people on their board were Hammond residents. We looked at the project that they were looking for the grant for. How was that grant going to service the residents of the city of Hammond? We scrutinized each and every one of those. We had three or four meetings on those applications because we set some aside and returned to further review them at a later date. Not everyone got what they wanted. There was some discussion that it seemed as if some of the same people were coming back year after year. Next year perhaps the whole process will be advertised a little bit better. There were churches that asked for money. There were school organizations. There were various not for profits. Crime Watch was one of them. There were some people who asked for a lot of money for projects in their neighborhood to beautify their neighborhood. And each and every one of those was Prepared by Robert J. Golec Hammond City Clerk 4 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 APPROVAL OF CLAIMS cont. Councilwoman Venecz cont. - scrutinized. Councilman Higgs if you think that someone got more than your district then I recommend that next year you pass out the applications for the committee. Councilman Higgs - And that’s not a problem, Councilwoman Venecz. I will certainly do that if they give me the applications in a decent reasonable time frame I certainly will do what I can to certainly get those out. But again, my question was that was put on the floor is, who is out appointee? City Controller Lendi - I don’t know how to make it clearer. I think your appointee is Councilwoman at Large Venecz, Councilman Higgs. In addition, Councilman Markovich please keep in mind that what we are doing here is not giving money to for profit corporations. This isn’t an engineering firm, this isn’t attorneys, no offense. These are the neediest of the needy organizations in our community who help our neediest citizens. These are organizations like Haven House. These are organizations up in your neck of the woods. You know, the Knights of Columbus. The food banks. These are not wealthy organizations that are coming and getting a handout. These organizations count on these funds every year, Councilman Markovich, some of these organizations provide services to the neediest of our children and our families and a good portion of their budget comes from the mayor’s discretionary gaming that we’re talking tonight. Councilman Higgs - I’m gonna say this and I’m gonna be done with it. No one in no form or fashion is saying that the organizations are not valuable assets to our city. I’m saying there should be caps on the amount of money given. Whether you’re servicing them with food or whatever, it should be a cap. That’s it. Councilman Markovich - Thank you, you explained it all and everything. I can coincide with Councilman Higgs. So you’re saying Janet is the council’s appointment, is that what you’re saying? Because she said she’s on the advisory committee. Now there’s a difference between an appointee and a advisory committee so is she our appointee? Is that what you’re trying to say, or what she is trying to say? Councilwoman Venecz - Yes. Councilman Markovich - Okay, so she’s the council’s appointment. So that’s the first we’ve heard that. But I’m not against charity or whatever or anything like this but I think some of these names are the same ones year after year, after year, after year, it’s the same ones. It’d be curious to know, because I thought it was always a million dollars and now it’s half a million. That’s why I asked you if this is only half the payment, if there was more coming. Some of the reasons why they say they want this money is for certain things. Well, I would wonder if they are using all that money for that specific reason or if they are using it for something else too. You know, whether that’s okay or not I don’t care. Councilman Markovich rescinds his motion to pull claim #2791. Councilman Higgs rescinds his second. Prepared by Robert J. Golec Hammond City Clerk 5 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 APPROVAL OF CLAIMS cont. ROLL CALL VOTE (approval) AYES: Markovich, Spitale, Venecz, Uylaki, Higgs, Emerson, Opinker NAYS: None ABSENT: Kalwinski, Hinojosa Motion carried 7/0/2 CLAIMS APPROVED (as amended) PUBLIC HEARINGS 13-23 Additional Appropriations from the Rainy Day Fund of the Hammond Public Library to its Services and Capital Outlay Accounts - $524,041 13-24 Additional Appropriations from the Rainy Day Fund of the Hammond Public Library to its Services Account - $2,000 Alvin Cheeks - Speaking in behalf of his sons. Loves the library for its information. His son uses the library on a regular basis for the computers, etc. The library’s budget is slim. We need to make investments to keep up with technology. Councilman Markovich moved to suspend the rules and go to the Marina Redevelopment District so we can handle that. Councilman Higgs - Point of order. We have to close out the public hearings then we can proceed to go to the next form of a motion. You have a public hearing here. Once you close that out then you can move forward. Councilman Markovich - We don’t want to close that out. We want to continue it later on. That’s why we’re going to another one. Councilwoman Venecz - In due respect to everyone who has come out in favor of or to speak to the library this evening, and also in due respect to the attorneys that have taken time out of their schedule to come here this evening, if it is proper, I would like to second Councilman Markovich’s motion. Council President Opinker - It was motioned by Councilman Markovich, second by Councilwoman Venecz, to suspend the rules. All those in favor? All opposed? AYES: ALL Councilman Markovich - I would like to move to item number 11 on the agenda. Resolution approving the Development Agreement among the City of Hammond Redevelopment Commission, Economic Development Commission and Marina District Development regarding the Marina District Development Project. I so move. Councilwoman Venecz seconds the motion. Prepared by Robert J. Golec Hammond City Clerk 6 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 PUBLIC HEARINGS cont. Councilman Markovich - Councilman Kalwinski is not here tonight to carry that resolution through. So, I would refer to Kevin Smith or David Westland to bring this forth so we can take care of this at this time. Atty. Kevin Smith - Thank you. Mr. Westland and I, as well as Mr. Shanahan, are here tonight on behalf of the Redevelopment Commission, on the bonds that are going to be issued. What the bonds concern are a development agreement that has to do with the development that will take place, I guess just to grant everybody geographically from 5th Avenue which used to be Roby, in between 5th Avenue and the old Vogel’s property along that area towards five points. What the development agreement contemplates is that bonds will be issued in a total amount of $5 million, of which $3 million will go to the developer and certain things have to be performed, namely there will be two new traffic signals on Indpls. Blvd. And a new intersection up in that area. It also mandates that there will be approximately eight retail outlots for new commercial and retail development, which would include a full service bank, two stripmalls, it has to have two retail establishments for food, fast food, and other uses. Note it also prohibits certain uses in that development area, namely cigarette stands, adult uses, gas stations, other than those that are going to be redeveloped in the area, and also dollar type stores, fireworks as well. It also mandates that construction begin within four months after receiving permits and that permits have to be fully applied for within three months of signing the agreements, that’s a seven month period. It also allows that construction should be substantially complete within two years of beginning construction on or around July 1st, 2015. Councilman Markovich, supported by Councilman Higgs, moved to return to the regular order of business. AYES: ALL Councilman Markovich - At this time we would like to take action on those ordinances and resolutions. Councilman Markovich, supported by Councilman Spitale, moved for final passage of 13-26. Councilman Markovich - Mr. Smith and Westland just gave the information we were looking for . We had discussion in caucus also and this is what it’s all about and now we are going for final adoption and passage of this ordinance. Councilman Higgs - I didn’t hear you ask if there was any other discussion. I mean, then you move on. Council President Opinker - It was just explained. Councilman Higgs - But you still have to allow us to .... Roberts Rules of Order says ... Council President Opinker - Okay, Councilman Higgs. Is there any discussion? Councilman Higgs - Thank you. Now, only discussion is that I see this plan going on in Robertsdale, okay, I wish, and it’s my hope that at some point focus is given to Woodmar so it’s developed as well. That’s the only discussion I have. Prepared by Robert J. Golec Hammond City Clerk 7 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 PUBLIC HEARINGS cont. 13-26 An Ordinance Authorizing the City of Hammond, Indiana, to Issue its Economic Development Revenue Bonds, Series 2013 (Marina District Project) and Approving Other Actions in respect thereto ROLL CALL VOTE AYES: Markovich, Spitale, Venecz, Uylaki, Higgs, Emerson, Opinker NAYS: None ABSENT: Kalwinski, Hinojosa Motion carried 7/0/2 ORDINANCE NO. 9211 PASSES Councilman Markovich - I’d also like to take care of item number 11 on the agenda, Res. 13R-19. Approving the Development Agreement amongst the city of Hammond and the Redevelopment Commission. I so move. Councilman Spitale seconds. 13R-19 A Resolution of the Hammond Common Council Approving the Development Agreement among the City of Hammond, Indiana, Hammond Redevelopment Commission, Hammond Economic Development Commission and Marina District Development, LLC regarding the Marina District Development Project Councilman Markovich - I’d like to add the council as a whole as a sponsor for this resolution. Councilman Higgs - Exclude me. Council President Opinker - Clerk Golec, if you put everybody as a sponsor except for Councilman Higgs, as sponsors. ROLL CALL VOTE (adoption) AYES: Markovich, Spitale, Venecz, Uylaki, Higgs, Emerson, Opinker NAYS: None ABSENT: Kalwinski, Hinojosa Motion carried 7/0/2 RESOLUTION R19 ADOPTED Councilman Markovich, supported by Councilman Higgs, moved to return to the regular order of business and reopen the public hearing for the library. AYES: ALL Councilwoman Venecz - I would just like to thank everyone in the audience for indulging us through that. The library issue is very important to us and we certainly would like to move forward. Council President Opinker - Anyone wishing to speak on this issue please come forward, state your name and address. Prepared by Robert J. Golec Hammond City Clerk 8 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 COMMUNICATIONS None COMMITTEE REPORTS Council as a Whole - Councilman Higgs - Brought out 13-23 & 13-24. ORDINANCE 3RD READING - FINAL PASSAGE 13-23 An Ordinance to make Additional Appropriations from the Rainy Day Fund of the Hammond Public Library to its Services and Capital Outlay Accounts Councilman Higgs, supported by Councilman Spitale, moved to amend this ordinance as it reads as a ordinance to make additional appropriations from the rainy, it should be take out the “e” and with a “y” day fund to the .... Council President Opinker - Okay, to amend it we need a first and second and then go into the amendment. Councilman Higgs - I made the motion. Council President Opinker - Okay, Councilman Higgs is making a motion to amend 13-23. Do I have a second? Councilman Spitale - Second. Council President Opinker - Second by Councilman Spitale. Is there any discussion? Council President Opinker - Okay, we have a first and second, now you can read your amendment Councilman Higgs Councilman Higgs - From what I’m understanding, Atty. Berger said it needed to be amended. Is this correct, Atty. Berger? Council Atty. Berger - I think at one time that rainy was misspelled. That was the only correction. Councilman Higgs - So the changes have been made so it’s no misunderstanding as to what it should read. Clerk Golec can you read the title for the ordinance. Council Atty. Berger - It’s correct in the title as it is on the agenda. Councilwoman Venecz - As I understand from caucus, this is 13-23, the only correction on this is the correction of the spelling of rainy. Council President Opinker - That is correct. Prepared by Robert J. Golec Hammond City Clerk 9 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 ORDINANCE 3RD READING - FINAL PASSAGE cont. Councilman Higgs - That’s what I was doing but you guys stopped me. This one says “Rainey”. Alright, so that is the amendment to 13-23. I so move. Councilwoman Venecz - Second. Council President Opinker - It a motion by Councilman Higgs, second by Councilwoman Venecz, on the correct spelling of rainy. Is there any discussion? Clerk Golec Roll call on the amended version. ROLL CALL VOTE (amendment) AYES: Markovich, Spitale, Venecz, Uylaki, Higgs, Emerson, Opinker NAYS: None ABSENT: Kalwinski, Hinojosa Motion carried 7/0/2 ORDINANCE AMENDED Council President Opinker - Now on 13-23 as written. Councilman Higgs - Call for the vote. Council President Opinker - Do we have a second? Councilman Spitale - Second. Council President Opinker - Motioned by Higgs, second by Councilman Spitale, to call for the vote. All those in favor? All those opposed? AYES: ALL ROLL CALL VOTE AYES: Markovich, Spitale, Venecz, Uylaki, Higgs, Emerson, Opinker NAYS: None ABSENT: Kalwinski, Hinojosa Motion carried 7/0/2 ORDINANCE NO. 9212 PASSED (as amended) 13-24 An Ordinance to make Additional Appropriations from the Rainy Day Fund of the Hammond Public Library to its Services Account Councilman Higgs, supported by Councilman Uylaki, moved for final passage. Councilman Higgs - I’d like to take out of this ordinance, “rainy day fund”. So it says, “Ordinance to additional appropriation from the Hammond Public Library to its Service Account.” That’s how it should read. Councilman Higgs - I didn’t type the ordinance up. Atty. Berger is our attorney, he typed it up. Prepared by Robert J. Golec Hammond City Clerk 10 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 ORDINANCE 3RD READING - FINAL PASSAGE cont. Council President Opinker - Atty. Berger, do you have the correct enunciation of all of this. Council Atty. Berger - Excuse me. Council President Opinker - Do you have the correct enunciation of all this? How it should read. Council Atty. Berger - Apparently Mr. White from the library has the record so I don’t want to ... Council President Opinker - Please bring that forward, sir. Sir, could you bring that copy forward? Cornell White speaks from audience. Councilman Higgs - I don’t know how the typo’s took place because you guys were supposed to take care of that. Cornell White speaks from audience. Councilman Higgs moved that we put Hammond Public Lease Rental Fund as the title of this particular ordinance, 13-24, and that clears all of that. Council President Opinker - No, no, no that’s not what he did. He put lease rental in there. That’s not correcting the spelling. Councilwoman Venecz - May I ask, are we appropriating from the Hammond Public Library Lease Rental Fund, $2,000 to appropriate to the Hammond Public Library Lease Rental Fund? Is that correct? Councilman Higgs - That’s the same thing. Councilwoman Venecz - So what are we going from and to? Councilman Higgs - Mr. Accountant and Ms. Greenleaf, could you step to the podium please? I need for you guys... this was supposed to been taken care of prior to this meeting. I don’t know why the language is not spelled out correctly. Ms. Rene Greenleaf, Hammond Public Library - When the information was given it said that the monies were coming for the Lease Rental. These documents came from you. From your attorney. Councilman Higgs - Berger was supposed to type it up. Ms. Greenleaf - We told him exactly what this was supposed to be and when we got it back, because we can’t type it, you have to send it, okay. So, let’s make it clear. Prepared by Robert J. Golec Hammond City Clerk 11 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 ORDINANCE 3RD READING - FINAL PASSAGE cont. Councilman Higgs - The only clarity that we need at this point is where is the money coming out of what fund. It’s coming out of the Lease Rental Fund? Ms. Greenleaf - The money is coming out of the Lease Rental Fund. There are monies in the Lease Rental Fund. It has to be appropriated to be paid ...... Councilman Higgs - We understand all that. All I need is the clarification as how the language is supposed to be explained and documented. I don’t need no extras, please just tell me what it is just coming out of so we can get this taken care of. So now, we already made the motion to put it on there. Am I correct Clerk Golec? City Clerk Golec - Correct. Councilman Higgs - Now we just need a second and we can proceed on. Councilwoman Venecz - Where is the money going to? Is it going to the Services Account? Where is it going to? Ms. Greenleaf - The money, if I may explain, is in the Lease Rental Fund. It needs to be appropriated by you to be paid for the services in the Lease Rental Fund. It has to be appropriated by you. Councilwoman Venecz - So it’s from the Hammond Public Lease Rental Fund and it’s going to the Hammond Public Library Services Lease Rental Fund. So we have to insert the word there. Councilman Higgs - In the second title of appropriation it should be Hammond Public Library Service Lease Rental Fund for the $2,000. It’s coming out of the Hammond Public Library Lease Rental Fund going to the Hammond Public Library Service Rental Fund. I make that motion. Council President Opinker - Councilman Higgs has made the motion, do we have a second? Councilwoman Venecz - What is the motion? Council President Opinker - He just read it. Councilwoman Venecz - Okay, but is that the only one? That’s the only change we’re making on here? Council President Opinker - Yes. Councilwoman Venecz - Okay, second. Council President Opinker - Is there any discussion? Prepared by Robert J. Golec Hammond City Clerk 12 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 ORDINANCE 3RD READING - FINAL PASSAGE cont. ROLL CALL VOTE (amendment) AYES: Markovich, Spitale, Venecz, Uylaki, Higgs, Emerson, Opinker NAYS: None ABSENT: Kalwinski, Hinojosa Motion carried 7/0/2 AMENDMENT ADOPTED Councilman Markovich, supported by Councilman Spitale, moved for final passage and adoption of 13-24, as amended. ROLL CALL VOTE (passage) AYES: Markovich, Spitale, Venecz, Uylaki, Higgs, Emerson, Opinker NAYS: None ABSENT: Kalwinski, Hinojosa Motion carried 7/0/2 ORDINANCE NO. 9213 PASSED (as amended) INTRODUCTION OF ORDINANCES 13-27 Amending Ord. 8746, also known as Sec. 32.47 of the Hammond Municipal Code, as it pertains to Accident Report Fees Councilman Markovich, supported by Councilman Higgs, moved that the proposed ordinance go to 1st and 2nd reading by title and referred it to the Council as a Whole Committee. AYES: ALL Councilman Higgs - I think what this ordinance does is no longer will the citizens of the great city of Hammond be allowed to go directly to the police department in regards to receiving police reports. You have to go online and there’s a fee. From what I understand it’s more revenue for the city according to Atty. Kantar. Councilwoman Venecz - There is also a phone number that a resident can call for the police report. RESOLUTIONS None NEW AND UNFINISHED BUSINESS Councilwoman Venecz - A couple of announcements. I would like to announce the 2nd annual Kathleen Pucalik Memorial 5K run/walk at Wolf lake. This will be on Saturday, July 20th. For more information you can call 853- 6378. Councilman Higgs - I think at MLK Park, on behalf of the Ministerial Alliance of this great city of Hammond they will be having a Give Back Day at MLK Park at the pavilion on June 15th. Give back to the community. All the ministers from our great city will be present, I would hope. Prepared by Robert J. Golec Hammond City Clerk 13 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 NEW AND UNFINISHED BUSINESS cont. Councilwoman Venecz - For those who are interested in doing good in your community and finding about what is going on in your neighborhood I’d like to announce a couple of Crime Watch meetings. Tuesday, June 18th East Ham’d Pullman C.W. Ophelia Steen Center th Thursday, July 20 Hessville C.W. Jean Shepherd Center 7 p.m. Thursday, June 20th South Hammond C.W. Ham’d Housing Authority 7 p.m. Thursday, July 13th Whiting/Robertsdale C.W. Calumet College 6:30 p.m. th Wednesday, June 12 Woodmar C.W. Nat’l Guard Armory 6 p.m. Councilman Higgs - The Lakeshore Chamber of Commerce BP Luncheon is Thursday, June 20th at the Dynasty Banquet. BP presents an update on Whiting Refinery modernization program and projects in the world wide energy review. Networking starts at 11:30 a.m. Presentation at 12 p.m. Cost is $20. Reservations are required. Please call 219-931-1000. Council President Opinker - I’d like to welcome our newest councilman, Councilman Jack Uylaki of the 2nd District. I’m sure Jack will be here to work hard for that district. Welcome aboard, Jack. Councilman Higgs - I know there was some discussion, and I have to do this because I feel that it is appropriate. There was some discussion as regards to prayer and being at the meeting. Supreme Court has not ruled on the particular issue. In all due respect I feel as though all my colleagues should make a conscientious effort as to which direction they want to go. Whether they want it or not. I know who I am and who’s I am and so I’m gonna continue to pray whether it be silent, on my knees or whatever. I feel as though because there has not been a decision rendered from the United State Supreme Court we’re not in violation, and the city has been sued for a number of issues in regards to different things that have occurred and within our city so certainly there are so many other things we could be concentrating on and prayer is much needed. I do plan to hold a prayer vigil in the near future. So, I’m gonna continue to pray and I just want to make that perfectly clear. Councilwoman Venecz - In response to Councilman Higgs. I too am a Christian. I attend church every Sunday. I pray in the privacy of my own home and when this came up I thought, you know, I’m going to do some research and this is what I have found. From the book of Matthew, the 6th chapter, verses 5 through 8. “And when you pray do not be like the hypocrites for they love to pray standing in the synagogues and on the street corners to be seen by others. Truly I tell you they have received their reward in full but when you pray go into your room, close the door, and pray to your father who is unseen. Then your father who sees what is done in secret will reward you and when you pray do not keep on babbling like pagans for they think they will be heard because of their many words. Do not be like them for your father knows what you need before you ask them.” Thank you very much. Councilman Higgs - If we want to get biblical we can go there, because you know what, it also says in the bible that, “If you deny me before men he will deny you in the judgement seat before him.” Councilman Emerson - I’d like to respond a little bit to the topic at hand. Myself, a former Eucharistic minister at St. Joseph’s Church and a former parish counsel member, in terms of service my wife is a graduate of Bishop Prepared by Robert J. Golec Hammond City Clerk 14 MINUTES OF THE COMMON COUNCIL cont. JUNE 10, 2013 NEW AND UNFINISHED BUSINESS cont. Councilman Emerson cont. - Noll, our daughter is a graduate of Bishop Noll, our son as well, a graduate of Bishop Noll. Our daughter is also a graduate of the University of Notre Dame, class of ‘02 and was married at the Basilica of the Sacred Heart at the University of Notre Dame. My son is a graduate of Loyola University, a Catholic University, law school. Our daughters marriage has been blessed by Pope Benedict. Our sons marriage has also been blessed by Pope Benedict. My wife’s masters degree is from Olivet Nazarene University, a Christian University. Our family has over 52 years of Catholic and Christian education and service. That said, I would not begin to foster my beliefs on the city citing them in any fashion after the gavel. And I am on the same page with Councilman Higgs as far as I believe in the same hymn as he’s quoted in the paper as saying, “to deny him”. The problem, councilman, is that not everyone believes in the him that I believe in. I think that’s the issue that we have to be concerned with after the gavel. Before the gavel, I don’t have a problem with it. Councilman Higgs - All I could do is say that this topic of discussion shouldn’t of even came up because it’s been going on before I was even a councilman. And I don’t even know why it’s such an issue now. But it’s not gonna defer me or derail anything my relationship with God whatever. So it doesn’t make me a difference if you choose to do it or don’t, that’s fine with me. But as for me, I’m gonna continue to kneel down before I deal with any issues as it relates to the city of Hammond. PUBLIC EXPRESSION Alvin Cheeks - We live in a society where people can pick their own religion. We have to incorporate everybody’s religion. There has to be a clear separation of church and state. We just have to be tolerant. Rev. Santiago Gamez - I believe prayer is very essential at home, in church and with our government. The bible requires of us to pray for our leaders. You are our leaders and we pray for you. It saddens me that they took prayer out of school. Now they take it out of the council. I was born here, I’m an American and I think we should have rights. MaryEllen Slazyk - I agree with you Councilman Higgs. I’m a practicing Catholic. We have a right to pray. You don’t have to do it if you don’t want to. You have that right. We have freedom of expression in this country. Councilman Spitale, supported by Councilman Higgs, moved to adjourn. AYES: ALL ______________________________ Michael Opinker, President ATTEST: Hammond Common Council _____________________________ Robert J. Golec, City Clerk Minutes approved at the council meeting of June 24, 2013. Time: 7:15 pm cb Prepared by Robert J. Golec Hammond City Clerk 15

Agenda

MEETING OF THE COMMON COUNCIL JUNE 10, 2013 AGENDA 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PRESENTATION BY HAST SCIENCE OLYMPIAD TEAM 4. READING OF MINUTES 5. APPROVAL OF CLAIMS 6. PUBLIC HEARINGS A. Additional Appropriations from the Rainy Day Fund of the Hammond Public Library to 13-23 its Services and Capital Outlay Accounts - $524,041 Sponsored by Anthony Higgs B. Additional Appropriations from the Rainy Day Fund of the Hammond Public Library to 13-24 its Services Account - $2,000 Sponsored by Anthony Higgs 7. COMMUNICATIONS 8. COMMITTEE REPORTS 9. ORDINANCE 3rd READING - FINAL PASSAGE 10. INTRODUCTION OF ORDINANCES A. Amending Ord. 8746, also known as Sec. 32.47 of the Hammond Municipal Code, as it 13-27 pertains to Accident Report Fees Sponsored by Homero Hinojosa 11. RESOLUTIONS A. Approving the Development Agreement among the City of Hammond Redevelopment 13R-19 Commission, Economic Development Commission and Marina District Development regarding the Marina District Development Project Sponsored by Mark Kalwinski B. Resolution Opposing Imposition of County Income Tax 13R-20 Sponsored by Robert Markovich 12. NEW AND UNFINISHED BUSINESS 13. PUBLIC EXPRESSION ADJOURN Prepared by Robert J. Golec Council Ordinances on line at Hammond City Clerk www.amlegal.com/hammond_in/

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