City Council

REGULAR MEETING – July 16, 2013 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday evening, July 16, 2013 at the hour of 6:30 p.m., local time, in the Common Council Chambers, located in the lower level of the City Hall Building, 100 East Michigan Boulevard, Michigan City, Indiana. The meeting was called to order at 6:30 p.m. by Council President Parry. President Parry asked everyone to keep in their prayers the nineteen firefighters who lost their lives fighting the Arizona wild fires. Roll call was authorized and the following were noted present and/or absent: PRESENT: COUNCIL MEMBERS Tim Bietry, Joe Doyle, Richard Murphy, Marc Espar, Don Przybylinski, Pat Boy, Ron Hamilton, Duane Parry, and Chris Schwanke (9). ABSENT: None (0). A QUORUM WAS NOTED PRESENT. ALSO PRESENT: Kim Sliwa – Deputy Clerk, and Council Attorney– James Meyer APPROVAL OF MINUTES President Parry inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of July 2, 2013. Councilman Przybylinski made a motion to approve the Regular meeting minutes held on July 2, 2013, second by Councilwoman Boy. The minutes were approved as printed. REPORTS OF STANDING COMMITTEES President Parry stated the Finance Committee met prior to the Council meeting advising Committee members Bietry, Parry, and Przybylinski were present, the Committee unanimously recommended approval for the Riverboat Fund #9000 in the amount of $51,714.97 and the Boyd Development Fund #0417 in the amount of $5,003.75. President Parry stated the $14,004.57 claim was for engineering survey services provided by Globel Engineering for Village Green street paving assessment and redesign of the intersection of Roeske and Springland Avenue, the $5,003.75 claim was for architectural services provided to the Michigan City Park Department (Greenhouse site), the $10,604.00 claim was for engineering survey services provided by Haas and Associates for streets and sidewalk repair program, the $24,360.00 claim was for IT system engineering design services provided by Pro/Tco to the Michigan City Sanitary District, the $2,142.00 claim was for Miner Electronics for the Michigan City Police Department’s vehicle equipment, $227.50 claim was to James Meyer and Associates for legal services provided to Michigan City and $276.50 claim was to Moore Medical for fire truck equipment at the Michigan City Fire Department. President Parry presented the following Finance Committee report that was held on July 10, 2013; Page 2 July 16, 2013 Subject: Review ordinance requesting $600,000 funding for catastrophic workers compensation claim Attendees: Council Members Bietry, Parry, Przybylinski, along with Donna Pappas - City Controller, Yvonne Hoffmaster – Asst. City Controller, and Shelley Dunleavy – Personnel Manager. The Finance Committee met July 10, 2013 to review the stated subject matter. The meeting was called to order at 5:40 p.m. All committee members were present. Discussion of the ordinance centered on the purpose of the ordinance and details of health claim referenced in the ordinance. Attendees Dunleavy, Hoffmaster and Pappas provided the background and need for the ordinance, adding that a new, identical ordinance will be on the 7/16/13 Council meeting agenda because it was determined that the General Fund contains insufficient monies to fund the ordinance. The committee members agreed the ordinance is necessary, as well as the replacement ordinance be approved, which was seconded by member Przybylinski. The committee voted unanimously to recommend to the Council approval of the ordinance. With no other matters to discuss, the meeting was adjourned at 6:10 p.m. REPORTS OF SPECIAL OR SELECT COMMITTEES There were no reports of special or select committees. REPORTS of OTHER CITY OFFICERS and DEPARTMENTS Mayor Meer addressed the Council stating he is extremely proud of not only all City Departments, but also our Community as a whole in the endeavor that happened Friday July 12, 2013 with the rescue of the young boy at Mount Baldy. Mayor Meer stated he spoke with Nathan’s father this morning and was asked to express his families gratitude to the City of Michigan City and to all the City’s Department and private sector that was involved; advising that once his son has a full recovery they will be invited back to our community to attend an event honoring everyone that was involved. Mayor Meer advised he also received a telephone call from Governor Mike Pence complementing the reaction of our community and the final results, stating he felt we captured the heart of the nation, that all Hoosiers could be proud of what occurred in Michigan City and that it was a miracle; that everyone at the site that day never gave up hope; always believing Nathan was alive. Governor Pence spoke about the team work and the professionalism and that we are a model throughout not only the state of Indiana but nationally of how private organizations, fire and police can work together in this kind of situation; stating he would like to be invited to the event when inviting Nathan and his family back to Michigan City. Mayor Meer personally thanked the Michigan City Fire Department, the Michigan City Police Department, Constantine Dillon and the National Park Service, the Michigan City Park Department, the Michigan City Planning and Inspection Department, LaPorte County EMS, Dr. Callahan and St. Anthony’s Hospital, D & M Excavating, NIPSCO, Woodruff and Sons, Long Beach Police and Fire Department, the Red Cross, Fran Tibet of LaPorte County Emergency Management, the Michigan City News Dispatch, Trail Creek Police, and all of the citizens and various organization that stepped forward providing water, sandwiches and soft drinks during and after the rescue. Page 3 July 16, 2013 Mayor Meer advised the City of Michigan City has acquired the Eastport School property stating the City holds the deed to the property and that he would be having discussions with the City Council in regards to the demolition process and future plans. Mayor Meer stated he holds a monthly Department Head meeting with his Department Heads; advising quarterly the Department Heads are going out on the streets on one of our City busses to tour the neighborhoods in our City to address any issues within our community. CLAIM DOCKETS President Parry stated the Claims for Fund #9000 – Riverboat was $51,714.97 and $5,003.75 claims for Fund #0417 – Boyd Development. President Parry asked if there were any other comments and hearing none, a motion by Councilman Bietry was made, second by Councilman Przybylinski and was approved. Motion carried 9 – 0. PETITIONS There were no petitions. COMMUNICATIONS There were no communications. RESOLUTIONS The Deputy Clerk read the following proposed resolution in its entirety, SUPPORTING THE DETERMINATION OF THE MICHIGAN CITY/NICTD MANAGEMENT OVERSIGHT GROUP (MOG) REGARDING THE CENTRAL CORRIDOR ALIGNMENT ALTERNATIVE FOR THE SOUTH SHORE TRAIN TRACKS WHEREAS, the City of Michigan City and NICTD have undertaken a comprehensive effort through the TIGER II planning grant process to determine the best possible solution for the South Shore realignment in Michigan City that meets the needs of both entities; and WHEREAS, the Michigan City/NICTD Management Oversight Group (MOG) has reached a consensus identifying the Central Corridor Alignment as the most acceptable alternative; and WHEREAS, the Common Council supports a configuration of the alignment in the Central Corridor that has the least amount of negative impact to the City and its citizens and the maximum amount of positive impact for the City from the proposed project; and WHEREAS, although the Common Council prefers a single track alignment option in the Central Corridor, the Council recognizes the importance of the City continuing to be involved in negotiations and collaboration between the City and NICTD regarding the proposed realignment project and the many design issues that have yet to be finalized, including, but not limited to, the number of tracks installed in the Central Corridor; and WHEREAS, the council's preference is to explore the feasibility of a less invasive design than an 800-foot elevated boarding platform; and WHEREAS, the new Central Corridor Alignment alternative plan includes the construction of a new, state of the art, train station and parking facility in downtown Michigan City which would be very beneficial to the City, its residents, and its visitors; and Page 4 July 16, 2013 WHEREAS, the Council understands that there is no perfect solution regarding the location of the realignment and its configuration and that both the City and NICTD have compromised and will have to continue to compromise in order to reach a consensus and move the planning process forward with a goal of the ultimate construction of the finally approved design; and WHEREAS, the Council understands that there will be no federal grant funding for a new Michigan City train station which would be a substantial benefit to the City and its residents if there is not a consensus between the City and the railroad on a corridor option; and WHEREAS, the Council understands that the City must continue to be at the table to maintain a strong negotiating position with NICTD, always protecting the interests of the City and its residents, at every step throughout the entire process of planning, designing, and constructing the new NICTD realignment; and WHEREAS, the Central Corridor Alignment option does impact and require the acquisition of some of the properties along the corridor and relocation of their residents for which the Council believes the owners and residents should be compensated. NOW, THEREFORE, BE IT RESOLVED by the Common Council of Michigan City that: At such time that the Central Corridor Alternative alignment moves forward as a funded project, the Council agrees that the City should, City finances permitting and to the extent that it is legally allowed, provide relocation assistance to adversely affected property owners and residents above and beyond what is required through eminent domain rules, including: a. Providing additional financial assistance to cover relocation related expenses that may not be covered by implementation of federal and state eminent domain regulations; b. Working with residents to relocate them in the same neighborhood if they so choose; and c. Exploring the feasibility of home rehabilitation grants for houses for displaced residents. BE IT FURTHER RESOLVED THAT a required component of the finally designed and constructed realignment project through the Central Corridor will be the construction of a new, state-of-the-art train station with an adjoining, adequate, elevated parking structure in downtown Michigan City. BE IT FURTHER RESOLVED THAT the Council agrees with the assessment of the Management Oversight Group (MOG) that the Central Corridor is the preferred NICTD realignment location in Michigan City. BE IT FURTHER RESOLVED THAT the City MOG representatives involved in the negotiations with NICTD regarding the final design of the new NICTD track and boarding facilities in Michigan City should continue to press for the design that has the most positive impact and the least amount of negative impact to the City and its citizens. This Resolution to be effective upon adoption by the Council and approval by the Mayor. Sponsored by: ________________________________ Rich Murphy, Member ________________________________ Marc Espar, Member ________________________________ Tim Bietry, Member ________________________________ Pat Boy, Member Page 5 July 16, 2013 Councilman Murphy stated over two (2) years ago the Michigan City Common Council approved the participation of the City in a Federally funded Tiger II project which created a management oversite group of eight (8) members; four (4) from NICTD and four (4) from Michigan City. Councilman Murphy advised their mission was to dive into the South Shore realignment issue and come out with consensus of the alignment of the South Shore Railroad in Michigan City. Councilman Murphy stated after two (2) years of negotiation and over one-million dollars spent, many hours of negotiation between NICTD and the City, some pleasant some not so pleasant, the MOG has done their job and reached a consensus between the City and the railroad on the central alignment. Councilman Murphy stated this consensus allows a one hundred million dollar transportation project to move forward advising the proposed resolution in front of the Council is in support of this consensus and in support of continued vigilance and protection to our City and residents as the process moves forward. Councilman Murphy stated this is a consensus of the City Council but is not binding to the Tiger II process, which is a process that uses Federal money with special rules to reach this consensus, a process that set rules of engagement very early in the project of how the City and the railroad would negotiate with each other and how the City and railroad would reach a consensus so this project could move forward to the next step which is an environmental impact statement. Councilman Murphy advised the project can’t move forward unless we have a corridor in a consensus, the project will never be funded if there isn’t a corridor in a consensus; stating the Tiger II has reached a consensus and should move on to the next stage. Councilman Murphy stated there has been attempts or opinions by this Council to stop or get in the way of this consensus and he believes this is over reaching the Council’s authority within the Tiger II process; advising when you use Federal money there are special rules and when you come up with rules of engagement between a City and commercial enterprise and have a memorandum of understanding using the Federal Governments money you abide by those rules because you negotiate in good faith. Councilman Murphy stated the proposed resolution supports the Management Oversite Group consensus, it recognizes that there are many concerns by this Council, the Mayor and the residents of Michigan City but most importantly it allows the process the process to move forward and we can address those concerns in the environmental impact; asking the Council for their support. President Parry advised Councilman Murphy that he exceeded his five minutes to speak. Councilman Espar called a point- of-order stating this is giving Councilman Murphy an opportunity as one of the Authors to speak on the proposed resolution and is not part of a debate according to our rules of procedure. Councilman Murphy stated that this is the game changing opportunity that we have been looking for in our City and we are the only (with the exception of Gary, Indiana) rail station on the South Shore Railroad that has not received the benefit of a major station upgrade in our town. Councilman Murphy stated we have the railroad at the table and there is potentially one hundred million dollar project in front of us…..the biggest transportation project in Michigan City’s history; stating let’s try to make this happen. Councilman Murphy advised the City of Michigan City is in desperate need of economic impact, having residents that grow up and they don’t have opportunities here. Councilman Murphy encouraged the Council to move forward, not miss this opportunity to bring one hundred million dollars into our City. The following people addressed the Council with comments on the proposed resolution regarding the realignment of the South Shore/Corridor; Charles “Spike” Peller, City Engineer, Don Babock (135 Sherwood Drive), Joe Core (3768 N 525 W, LaPorte), Dale Enquist (3001 Maple Street), Carolyn Flores (COBOS Ice Cream), Mark Sherman (810 Cedar Street), Arturo Pozos (514 Holiday Street), Melissa Wood (726 Jackson Street), Lee Coburn (16 Constitution Drive). Page 6 July 16, 2013 Councilwoman Boy commented on the meeting she had attended regarding the travel time that will be saved; advising if there is a double track on 10 th/11th Street it will remove the half hour delays that some of the trains have. Councilwoman Boy advised this was one issue NICTD addressed, stating that she isn’t sure everyone is in favor of a double track but it is something that may have to happen. Councilwoman Boy stated there is no guarantee Michigan City will grow from this, but if we don’t do something our City is never going to grow. Councilman Hamilton commented on a statement made at the last Council meeting (July 2, 2013) by Councilman Murphy, suggesting to step back, schedule a work shop and find a resolution that would unite this Council. Councilman Hamilton stated Councilman Murphy brought this proposed resolution to the Council before any ground can be made to unite this Council. Councilwoman Boy also offered to help with a new resolution but has the same resolution from the last Council meeting. Councilman Hamilton stated in the spirit of cooperation and an effort to unite this Council requested to have the proposed resolution withdrawn and to schedule a workshop that is open to the public and write a resolution that has a chance of a 9 – 0 vote. Councilman Przybylinski stated there was a meeting with NICTD representatives last evening (July 15, 2013) complementing Councilman Schwanke for scheduling it, advising there was a lot of information received at that meeting and that he feels the Council needs to step back to review the new information, receive the information from Fire Chief Martin on the assessments he did on the central corridor regarding response time. Councilman Przybylinski stated he isn’t against the proposed resolution but feels there are items that need to add/amended in the language to come to a mutual agreement on it. The proposed resolution is a great start, we need to schedule a workshop and come up with a solid resolution that the total Council agrees with. Councilman Schwanke stated last night’s meeting was the best meeting regarding information received from NICTD and positive comments made by Council members regarding the realignment. Councilman Schwanke agreed with Councilman Przybylinski that the proposed resolution is a great start, but there are still issues and concerns that need to be addressed at a workshop to reach a resolution that will move our City forward and the Council will agree on. President Parry advised Councilman Espar that the meeting last night on July 15, 2013 at 6:00 p.m. was an Executive Session and was closed to the public that Councilmen Przybylinski and Schwanke should have said “executive session.” Councilman Espar commented on the notice sent out as an Executive Session that was held last evening (July 15, 2013); stating information received regarding NICTD is suppose to be an open dialog with the public. Councilman Espar stated there hasn’t been one negative comment regarding the proposed resolution this evening and that the proposed resolution was crafted to bring consensus and address all concerns of every Council member that has been voiced throughout this process. Councilman Espar advised the proposed resolution states the Council’s concerns and desire to continue with the parties involved to reach what is in the best interest of the City of Michigan City; and what it doesn’t do is stop the debate and tell NICTD and everyone else it is this way or no way and provides the open dialog that is necessary for this project to become a funded project. Councilman Espar stated he believes the Council should support this resolution and accept the discussions received this evening and move forward. Councilman Espar made a motion to adopt the proposed resolution, second by Councilwoman Boy. Councilman Doyle, stated he had the opportunity to attend the meeting last evening and it was very informative, that we could sit here and keep debating going back and forth but we need to get down to the brass tacks…..what will it cost to have a workshop, where we can have an eight or nine vote rather than a five (5) to four(4) vote. Councilman Doyle asked why a vote had to be done this evening, have some courtesy among this Council and do what is best, review what was heard last night, schedule a workshop and come up with a strong resolution. Page 7 July 16, 2013 Councilman Schwanke stated Councilman Espar didn’t attend the Executive Session held last night (July 15, 2013), advising the Executive Session scheduled was researched by Attorney Meyer as well an attorney from NICTD and was deemed as an appropriate meeting to receive information from an industrial source, which was NICTD. Councilman Schwanke stated the follow-up to the Executive Session would be to schedule a workshop for all Council members to attend and create a strong consensus. Councilman Bietry stated he attended the meeting last evening with NICTD and have attended every meeting regarding this issue and that he didn’t learn anything new from last night’s meeting that he hadn’t already heard previously at prior meetings. Councilman Bietry feels we are meeting and work shopped out; stating for a body that doesn’t have decision making authority on this issue and can only render an opinion, feels we have plenty of knowledge. Councilman Bietry advised this body is not empowered with decision making authority by the MOG but are only asked to form an opinion and express it; stating we have been chewing on this for over a month and that we need to swallow so we can move on to something else. President Parry stated he feels chewing on something for a month to come to a decision that will affect the City for the next hundred years is not too much time on an issue as important as this. President Parry thanked Councilman Schwanke for calling the Executive Session that was held last evening along with everyone that attended; stating from his vantage point this meeting was an interactive discussion with several specific questions, detailed answers provided by NICTD and information not stated in previous presentations that several Council members did not know and was very beneficial. President Parry advised he feels negotiations continue to be very unilateral with NICTD maintaining their position it must have double tracks, a eight hundred foot elevated platform and will not accept anything else which is not how negotiations agreements are suppose to be. President Parry believes after this meeting with additional conversation within the Council and Mayor’s Office sufficient common ground definitely can be achieved and we can move forward. President Parry stated there are two distinctive motivations; NICTD’s goal is a successful business plan which it expects increase revenues and Michigan City’s should be to experience positive effects on our economy with minimum negative neighborhood and City services impact. President Parry stated additional details are needed in the final accepted resolution including a statement of agreement stating that the NICTD Carroll Avenue Maintenance facility will not be closed and replaced by a new facility in Porter or Lake County and would not support a resolution without this agreement that comes before this Council. Councilman Przybylinski stated there were comments made by NICTD at last night’s meeting that there is a possibility the maintenance facility on Carroll Avenue may move out of Michigan City which struck a serious note, that no one on this Council wants to see any jobs leave our community. Councilman Przybylinski said, Mr. Hanas from NICTD did say then that he would support a Memorandum of Understanding to keep the Carroll Avenue facility in Michigan City which needs to be added to this resolution. Councilman Murphy stated you can’t get to the design stage unless you get out of the corridor stage which is the point they are trying to make. He also made a point regarding the apparent Memorandum of Understanding with NICTD regarding the facility on Carroll Avenue advising the Council can’t engage in any MOU, only the Executive Officer of the City can. Councilman Murphy stated he would like to see the proposed resolution be adopted where the City will come out on top with an agreement/consensus with the railroad; it is time for the Council to step up and support this. President Parry asked if there were any further questions or comments from the general public or Council and hearing none the proposed resolution was defeated by the following vote: AYES: Council Members Bietry, Boy, Espar, and Murphy (4) NAYS: Council Members Schwanke, Doyle, Hamilton, Parry, and Przybylinski (5). Page 8 July 16, 2013 President Parry stated the Resolution was not approved. ORDINANCE The Deputy Clerk read the following proposed ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE CEDIT FUND FOR ADDITIONAL DEPOSIT TO EMPLOYEE BENEFIT TRUST 1-1789 DUE TO A CATOSTROPHIC WORKERS’ COMPENSATION CLAIM Introduced by: Duane Parry (DECREASE: CEDIT Fund # 0227 Unappropriated balance - $ 600,000.00. INCREASE: ACCOUNT # 0227 000 03 434.005 – $ 600,000.00 - Other Insurance Services) President Parry stated this ordinance performs the same function as the one ordinance on the agenda on second reading this evening advising the reason this ordinance was drafted is because after the original ordinance went through first reading at the July 2, 2013 Council meeting the Controller’s Office determined there was insufficient monies in the general fund to fund the ordinance. President Parry stated he would be referring the proposed ordinance to the Council’s Finance Committee for their review and recommendation. NOTE: President Parry advised there would be a formal public hearing at the August 6, 2013 Council meeting. President Parry asked if there were any questions or comments from the general public or Council regarding the proposed ordinance and hearing none, the ordinance was held over for second reading at the August 6, 2013 Council Meeting. The Deputy Clerk read the following ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION FOR THE REINSTATEMENT OF THE POSITION OF SECRETARY II AT CENTRAL SERVICES Introduced by: Duane Parry (DECREASE: General Fund #0101Unappropriated balance - $14,120.88. INCREASE: ACCOUNT #0101 0524 01 411.001 Salaries & Wages – $11,704.00, 0101 0524 01 413.001 FICA - $895.36, 0101 0524 01 413.002 PERF - $1,521.52) President Parry stated he would be referring this ordinance to the Finance Committee for their review and recommendation. NOTE: President Parry advised there would be a formal public hearing at the August 6, 2013 Council meeting. President Parry asked if there were any questions or comments from the general public or Council regarding the proposed ordinance and hearing none, the ordinance was held over for second reading at the August 6, 2013 Council Meeting. The Deputy Clerk read the following proposed ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR PURCHASING OF A BRUSH TRUCK FOR MICHIGAN CITY FIRE DEPARTMENT Introduced by: Chris Schwanke Page 9 July 16, 2013 (DECREASE: Riverboat Fund # 9000 Unappropriated balance - $125,000.00. INCREASE: ACCOUNT # 9000 0000 04 443.008 Fire Equipment - $125,000.00) Councilman Schwanke stated this vehicle is a brush fighting apparatus to handle not only brush fires but emergency rescue operations and will be able to do multiple things within the fire department that their current brush truck is unable to do. Councilman Schwanke advised the Fire Department will be giving their current 2011Ford four wheel drive truck to the Police Department for the Animal Control Division which will save the City from having to purchase that truck. President Parry stated he would be referring this ordinance to the Finance Committee for their review and recommendation. NOTE: President Parry advised there would be a formal public hearing at the August 6, 2013 Council meeting. President Parry asked if there were any questions or comments from the general public or Council regarding the proposed ordinance and hearing none, the ordinance was held over for second reading on August 6, 2013 Council Meeting. The Deputy Clerk read the following ordinance on second reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE GENERAL FUND FOR ADDITIONAL DEPOSIT TO EMPLOYEE BENEFIT TRUST 1-1789 DUE TO A CATOSTROPHIC WORKERS’ COMPENSATION CLAIM Introduced by: Duane Parry (DECREASE: General Fund # 0101 Unappropriated balance - $ 600,000.00. INCREASE: ACCOUNT # 0101 0075 03 434.005 – $ 600,000.00 - Other Insurance Services) President Parry stated he withdraws his sponsorship of this ordinance advising the reason he is doing this is due to the general fund having insufficient monies to fund this ordinance. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS President Parry stated Mayor Meer requests the advice and consent of the members of the Michigan City Common Council regarding the re-appointment of Ms. Kathy Ceperich as a member of the Tree Board (term would begin August 1, 2013 and would expire August 1, 2016). Councilwoman Boy stated Ms. Ceperich is not here this evening but advised she has been a very active member of the Tree Board and would enjoy having her back. President Parry asked if there were any comments or questions from the general public or Council, there was no response from the general public. Councilman Espar asked if comments and questions regarding an appointment to a board or commission should be addressed in a committee meeting as opposed to a Council meeting so people being appointed can be notified appropriately so they can attend. Councilman Espar stated that comments from the general public or Council have never been asked regarding a request for the advice and consent of an appointment or re-appointment. Page 10 July 16, 2013 President Parry stated this is the format that is being done thing evening advising the vote on the re-appointment of Ms. Ceperich will take place at the next Council meeting on August 6, 2013. Councilman Bietry asked if the Mayor is asking to appoint someone who the Council is unaware of and is new to public service or new to a commission, he feels it is valuable to have a committee meeting to meet that person and address any questions at that time. President Parry stated Mayor Meer requests the advice and consent of the members of the Michigan City Common Council regarding the re-appointment of Ms. Laura Bolton as a member of the Tree Board (term would begin August 1, 2013 and would expire August 1, 2016). President Parry asked if there were any comments or questions from the general public or Council, there was no response from the general public. Councilwoman Boy stated Ms. Bolton is not here this evening but advised she has been a board member for several years and has a lot of expertise in trees and would enjoy having her back also. President Parry stated the vote on the re-appointment of Ms. Bolton to the Tree Board will be at the next Council meeting on August 6, 2013. Councilman Espar addressed President Parry regarding the Labor Relations Committee meeting that have been scheduled with both the Police Department and Fire Department as Executive Sessions advising there has never been any reports addressing any of these; asking if there was ever going to be any reports regarding these meeting given to the Council. President Parry stated it is his understanding that the conversation that occurs in an Executive Session is confidential because it’s labor negotiations. President Parry stated as he recalls when Councilman Espar was Chair of the Finance Committee he didn’t produce exact minutes of the labor negotiation meetings. Attorney Meyer advised that verbatim minutes are not required from an Executive Session stating there are brief minutes that the meeting/discussions were held, are required. Discussion ensued among Attorney Meyer, President Parry, and Councilmen Espar, Hamilton, and Schwanke in regards to the scheduling of the Labor Relations Executive Session that have been scheduled with the Police and Fire Department, who attended these meetings, minutes required on meetings held and the rules of the “Open Door Law”. COMMENTS FROM THE PUBLIC Ronnie Martin, Fire Chief of the Michigan City Fire Department addressed the Council stating he stands proud of our City for the teamwork, and the accomplishments that were done as a community to save a six year old boy. Chief Martin addressed the Council regarding comments that were made among the Council members this evening hoping this will change. Jerry Passmore, 212 Hopkins Street, addressed the Council regarding how this Council is acting among each other in regards to agreeing to a consensus/resolution for the realignment of the South Shore ….do what is right for the citizens of our City. Page 11 July 16, 2013 COMMENTS FROM THE COUNCIL Councilman Przybylinski gave applause and act lades to the emergency rescue that took place Friday (July 12, 2013) afternoon at Mount Baldy that rescued the life of six (6) year old Nathan Woessner, thanking everyone for their professionalism and dedication. Councilman Przybylinski also thanked Councilmen Parry and Doyle for their participation on the Summer Festival Committee stating it was one of the best festivals we have in town. Councilwoman Boy thanked Chief Martin for his comments along with Mr. Passmore comments stating we need to keep some civility here keeping things professional. Councilwoman Boy also thanked everyone that was involved in the Mount Baldy miracle rescue, that they did a wonderful job. Councilwoman Boy also notified the public of the cooling centers that are open throughout our community. Councilman Schwanke commented on the rescue efforts Friday evening saving the six year old boy at Mount Baldy, stating that he always knew we had a professional and outstanding fire department, but to see several of our City departments along with the whole community come together during an emergency was awesome. Councilman Murphy stated being a father of a six year and seeing the pictures of one of our fireman who was one of the key diggers holding the six year old in his arms his feelings were of enormous pride. Councilman Murphy stated there was a profound lesson of what we can accomplish when people put their differences aside and work on one common goal saying if we could bottle that energy he thinks it would be extremely powerful. Councilman Doyle addressed the Council regarding the Summer Festival Committee stating they have a number of volunteers that dedicate time and a lot of hard work thanking them for making all the events a success. Councilman Doyle addressed the miracle rescue of the six year old and how people work together; stating he feels it’s about time to try and do the same thing with this Council that we need to put our differences aside, schedule a work shop, the proposed resolution is a good start…so let’s move forward and communicate. Councilman Bietry agreed with Councilman Doyle’s comments stating that he believes the resolution is in the Mayor’s hand that he should precede with it. Councilman Bietry commented on this evening’s discussion that took place stating his concerns. Councilman Bietry stated Michigan City should be proud of what happened and how they reacted to what could have been a real tragedy, that it was a miracle that this young boy is still alive and a lot of the credit goes the City of Michigan City and the people who helped. President Parry stated he agreed with Councilman Bietry’s comments. ADJOURNMENT A motion by Councilman Doyle, supported by Councilman Hamilton and there being no further business to transact, President Parry declared the meeting ADJOURNED (approximately 8:28 p.m.). _________________________ Gale A Neulieb, City Clerk Page 12 July 16, 2013