City Council

REGULAR MEETING – June 21, 2016 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, June 21, 2016 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 Bietry. Roll call was authorized and the following were noted present and/or absent. PRESENT: COUNCIL MEMBERS Tim Bietry, Pat Boy, Sharon Carnes, Bryant Dabney, Ron Hamilton, Don Przybylinski, Chris Schwanke, Candice Silvas and Allan Whitlow (9). ABSENT: None (0). A QUORUM WAS NOTED PRESENT. ALSO PRESENT: Jim Meyer – Council Attorney, Kim Sliwa – Deputy City Clerk APPROVAL OF MINUTES President Bietry inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of June 7, 2016. Councilman Przybylinski made a motion to approve the Regular meeting minutes held on June 7, 2016; second by Councilman Whitlow. The minutes were approved as printed. REPORTS OF STANDING COMMITTEES Councilwoman Boy presented the following Finance Committee Report: Minutes of the Council Finance Committee Meeting for Claims, 6:00 pm on June 21, 2016. The meeting was called to order at 6:00 pm in the Council Study to discuss the claims for 6/21/2016. Committee members Carnes, Przybylinski and Chair Boy were present, as were Council President Bietry and Controller Murphy. All claims were reviewed as submitted. Controller Murphy also gave an update on fund balances. Councilman Przybylinski made a motion to recommend approval. Councilwoman Carnes seconded. With unanimous approval, the claims will be forwarded to the Council with a positive recommendation. With no other matters to discuss, the committee meeting adjourned at approximately 6:10 pm. Submitted by Councilwoman Boy. Summary of claims follows: Claims from Riverboat Fund #9000 in the amount of $373,868.85, and from Boyd Development Fund #0417 in the amount of $553,201.60, with $500,000.00 of that for the IT Agreement with M.C. Area Schools, for total claims of $927,070.45. Ms. Boy reported that the major cost for the Riverboat Fund was the $135,000.00 for the Michigan City Police Department Roll Call. REPORTS OF SPECIAL OR SELECT COMMITTEES There were no reports of Special or Select Committees. Page 2 June 21, 2015 REPORTS of OTHER CITY OFFICERS and DEPARTMENTS Councilman Przybylinski addressed the Council and public reading the following Proclamation: City of Michigan City, Indiana – Proclamation WHEREAS: Mr. Warren E. Jones served this great country on a United States Navy battleship in the South Pacific during World War II; and WHEREAS: Beginning in 1949 until his retirement in 1982, Warren E. Jones was an integral component of the Michigan City Area Schools; positively impacting generations of our community’s youth in positions of geography teacher, Assistant Principal, Counselor, Barker Middle School Principal, baseball coach, basketball coach, Assistant Superintendent, Superintendent, and most famously Principal of Elston High School from 1963-1977; and WHEREAS: His famous red blazer and his pride-inducing cheer “Is Anybody Here from City” will forever be synonymous with Warren E. Jones and his unwavering spirit for all things Michigan City; and WHEREAS: Warren E. Jones also assisted the Michigan City community at large with his philanthropic generosity, serving eight years on the Long Beach Town Board, forty- seven years with the Michigan City Lions Club, twenty-five years as a Sunday school teacher and as an Elder of the church at First Christian and Countryside Christian for forty years; and WHEREAS: Mayor Ron Meer has always had a great respect for Mr. Warren E. Jones and would like to thank him for his years of resolute commitment in making Michigan City a better community for all of us. NOW THEREFORE, I, Mayor Ron Meer, of Michigan City, Indiana do hereby proclaim July 2, 2016 as: Warren E. Jones Day, in the City of Michigan City, and call upon all of our citizens to recognize and thank Mr. Warren E. Jones for his dedication, spirit, and humility as a respected leader; admired by the generations of individuals in the Michigan City community who have been fortunate enough to have had their lives touched by this iconic Michigan City gentleman. DATED THIS 2nd day of July, 2016. Ron Meer, Mayor, City of Michigan City Mr. Warren E. Jones addressed the Council and public stating he was overwhelmed by this gesture; thanking the Council for bestowing this honor on him. Mr. Jeff Thorne, Elston Class of 1970, addressed the Council and public expressing his gratitude for having had the privilege of knowing Mr. Jones through his high school years and the positive influence of Mr. Jones on all those who knew him. Councilmembers Przybylinski, Boy, Schwanke, Whitlow and Bietry expressed their memories of Mr. Jones and their appreciation for all his outstanding community service. CLAIM DOCKETS Councilman Przybylinski made the motion to approve the claims docket; second by Councilwoman Boy. President Bietry stated there was a motion by Councilman Przybylinski, second by Councilwoman Boy on the claims docket; asking all in favor to signify by saying AYE; there were none opposed. President Bietry asked if there were any comments and hearing none, the claims were approved. Motion carried 8-0. PETITIONS There were no petitions. COMMUNICATIONS There were no communications. Page 3 June 21, 2015 RESOLUTIONS There were no Resolutions. ORDINANCE The Deputy Clerk read the following proposed ordinance on second reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE LOIT SPECIAL DISTRIBUTION FUND AS REQUIRED UNDER SENATE ENROLLED ACT 67 Introduced by: Tim Bietry Sharon Carnes (DECREASE: LOIT Special Distribution Fund #0257 Unappropriated balance $1,000,000.00 INCREASE: ACCOUNT #0257 0000 04 449.007 Matching Grant Funds $1,000,000.00) Councilwoman Carnes reiterated that at the last meeting the Council set up the fund to receive these monies as part of the LOIT distribution from the State; advising it is the intention of the City to leverage this money for a matching grant, hoping to get the full $1 million, with part of the criteria for getting that grant is that the City had to get a PASER Rating which ranks our roads according to the quality of them; also advising the Council was given a list of possible projects that will be reviewed and then sent to the State for consideration; further advising she would be asking for third reading on this ordinance this evening; and stated that the Engineering Firm is here this evening to answer any questions the Council may have. President Bietry advised this ordinance requires as public hearing; stating the Formal Public Hearing was open, and asked if there was anyone here from the public who wished to address the ordinance; repeating three times, and with no response declared the Formal Public Hearing closed. Discussion ensued between Councilman Przybylinski, Shem Khalil of Global Engineering, Councilman Whitlow, Councilwoman Boy and Councilman Schwanke regarding the process of rating the roads, the definitions used with regards to the classification of the roads, which roads the funding for the project can be used on, concerns with the Southgate area roads; the area encompassed for this type of project, and the PASER Rating process. President Bietry stated this ordinance now moves onto third reading. Councilwoman Carnes moved to suspend the rules and hold third reading tonight; second by Councilwoman Boy. President Bietry asked if there was anyone present who objects; there was no reply. The Deputy Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4386 APPROVING ADDITIONAL APPROPRIATION IN THE LOIT SPECIAL DISTRIBUTION FUND AS REQUIRED UNDER SENATE ENROLLED ACT 67 WHEREAS, Senate Enrolled Act No. 67 (SEA 67), which was signed into law by Governor Pence on March 23, 2016, provides for a one-time special distribution to each county having a positive balance in the county’s trust account as of December 31, 2014, and requires that the county auditor distribute to each taxing unit from the trust fund an amount equal to the taxing unit’s allocation amount; and Page 4 June 21, 2015 WHEREAS, by virtue of SEA 67, the total one-time special distribution the City received is $1,122,995.71, and the City has deposited the entire amount in the LOIT Special Distribution Fund #257, which said fund was recently established by Ordinance No. 4384; and WHEREAS, SEA 67 requires that the funding from this one-time special distribution be appropriated by the fiscal body and approved by the Department of Local Government Finance (DLGF) in order to be spent and furthermore, that said funding can only be used for infrastructure improvements as set forth by IC 6-3.6-9-17(h)(1)(A); and WHEREAS, House Enrolled Act 1001, which was signed into law by Governor Pence on May 7, 2015, created the Local Road and Bridge Matching Grant Fund (a/k/a: Community Crossing Program) that provides funding to local governments for eligible projects at a 50/50 match, and specifies that a local government’s match can only come from either the LOIT Special Distribution Fund, Wheel/Surtax Fund, or Rainy Day Fund; and WHEREAS, the Indiana Department of Transportation is charged with the responsibility of administering the Local Road and Bridge Matching Grant Fund, and applications opened on May 31, 2016, and applications will close on July 15, 2016 at 5p.m. (EST); and WHEREAS, the City will be applying for the Local Road and Bridge Matching Grant Fund, and the City anticipates that its share of the local match will be $1,000,000.00; and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the LOIT Special Distribution Fund #0257 to be appropriated for that purpose. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, La Porte County, Indiana, that for the expenses of the City the following additional sums of money are hereby appropriated out of the fund named and for the purpose specified above, subject to the laws governing the same: AMOUNT AMOUNT REQUESTED APPROPRIATED DECREASE LOIT Special Distribution Fund #0257 Unappropriated balance $1,000,000.00 INCREASE ACCOUNT #0257 0000 04 449.007 Matching Grant Funds $1,000,000.00 TOTAL FOR FUND $1,000,000.00 This Ordinance to be effective upon passage by the Council, approval by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Tim Bietry, President Michigan City Common Council /s/ Sharon Carnes, Member Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 21st day of June, 2016 by a vote of 9 to 0. /s/ Tim Bietry, President Michigan City Common Council President Bietry asked if there was any Public comment on third reading on this ordinance; there was no reply; asking if there was any further Council comment at this time. Page 5 June 21, 2015 Councilwoman Carnes made the motion to adopt the ordinance; second by Councilwoman Boy. President Bietry stated there was a motion to adopt by Councilwoman Carnes; supported by Councilwoman Boy. President Bietry asked if there were any other comments from the Council and hearing none, the Ordinance was adopted by the following vote: AYES: Council Members Whitlow, Bietry, Boy, Dabney, Carnes, Hamilton, Przybylinski, Schwanke and Silvas (9). NAYS: None (0). President Bietry stated the ordinance was approved and will be forwarded to the Mayor. The Deputy Clerk read the following proposed ordinance on third reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE FIRE PENSION FUND TO PROVIDE FUNDING FOR FIRE PENSION BENEFITS AND TESTING COSTS FOR PROSPECTIVE CANDIDATES TO THE FIRE DEPARTMENT Introduced by: Tim Bietry (DECREASE: Fire Pension Fund #0341 Unappropriated balance $78,506.00. INCREASE ACCOUNT #0341 0000 03 431.005 Other Professional Services $18,070.00 INCREASE: ACCOUNT #0341 0000 03 439.021 Fire Pension Benefits $60,436.00) President Bietry referred to the extensive workshop held on this ordinance and discussion held at previous meetings; stating he will be supporting this ordinance; reminding everyone that the Finance Committee met and voted 3-0 in support of this ordinance. President Bietry asked if there was any Public comment; there was no response. Councilman Schwanke advised he believed everyone was aware of the hearing that was held yesterday pertaining to this and they are awaiting the outcome of that hearing; as well as the notice of a claim from 2 individuals that were making application to the Fire Department; and in lue of waiting for the outcome from Judge Alvezio, and the potential for a law suit, made a motion to TABLE this ordinance until the outcome of the hearing is determined; the motion was supported by Councilman Hamilton. President Bietry stated there was a motion by Councilman Schwanke, second by Councilman Hamilton to TABLE the ordinance for an indefinite period of time. Discussion ensued between Councilman Schwanke and President Bietry regarding the time frame for the TABLE of the motion; and the possibility of calling a special meeting. President Bietry asked the Deputy Clerk to call the roll on the motion to TABLE the ordinance until the outcome of the hearing. The Ordinance was TABLED by the following vote: AYES: Council Members Dabney, Hamilton, Przybylinski, Schwanke, Silvas and Whitlow (6). NAYS: Bietry, Boy and Carnes (3). President Bietry stated the Ordinance was TABLED until the next meeting or until we hear the decision of the hearing. Further discussion ensued between President Bietry and Council Attorney Meyer regarding when the Ordinance would be removed from the TABLE. Attorney Meyer stated the ordinance would be TABLED indefinitely, and a motion would have to be made with five (5) members voting to approve taking it off the TABLE. The Deputy Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL Page 6 June 21, 2015 ORDINANCE NO. 4387 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND TO PROVIDE FUNDING TO THE MICHIGAN CITY PUBLIC ART COMMISSION, THE MICHIGAN CITY COMMISSION OF WOMEN, AND THE SOCIAL STATUS OF AFRICAN-AMERICAN MALES COMMISSION TO SUPPORT THEIR RESPECTIVE PROJECTS AND PROGRAMS WHEREAS, it has been demonstrated to the Common Council of the City of Michigan City that it is necessary to appropriate more money than was appropriated in the 2016 Annual Budget to provide funding of $20,000.00 each to the Michigan City Public Art Commission, the Michigan City Commission on Women, and the Social Status of African-American Males Commission to support each of their respective projects and programs; and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Riverboat Fund #9000 to be appropriated for that purpose. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, La Porte County, Indiana, that for the expenses of the City the following additional sums of money are hereby appropriated out of the fund named and for the purpose specified above, subject to the laws governing the same: AMOUNT AMOUNT REQUESTED APPROPRIATED DECREASE Riverboat Fund # 9000 Unappropriated balance $ 60,000.00 INCREASE ACCOUNT #9000 0000 04 443.005 Other Projects $60,000.00 TOTAL FOR FUND $ 60,000.00 This Ordinance to be effective upon passage by the Council, approval by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Tim Bietry, President Michigan City Common Council /s/ Sharon Carnes, Member Michigan City Common Council /s/ Patricia Boy, Member Michigan City Common Council /s/ Bryant Dabney, Member Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 21st day of June, 2016 by a vote of 9 to 0. /s/ Tim Bietry, President Michigan City Common Council President Bietry asked if there was any Public comment; there was no reply; asking if there was any final Council comment. Councilman Przybylinski addressed the year-end report that the Council has asked each commission to submit showing what the funds were used for (i.e. programs and projects). Councilwoman Boy stated she did receive an email from the Public Art Committee stating they already have provisionally approved two (2) proposals; one (1) from the Mayor’s Office to bring the Soul Children of Chicago to the August First Fridays; and one (1) from the Lubeznik Center for the Arts to support its August Art Festival; and the Page 7 June 21, 2015 remaining funds may be used to augment the Scholarship Fund, support of incoming SculptFusion requests for proposals and/or help produce a higher caliber of signs for each SculptFusion sculpture. Councilwoman Carnes made a motion to approve the ordinance; second by Councilwoman Boy. President Bietry advised there was a motion by Councilwoman Carnes; supported by Councilwoman Boy to approve the ordinance. President Bietry asked if there were any other comments from the Council and hearing none, the ordinance was adopted by the following vote: AYES: Council Members Boy, Dabney, Carnes, Hamilton, Przybylinski, Schwanke, Silvas, Whitlow and Bietry (9). NAYS: None (0). President Bietry stated the ordinance is approved, and will be forwarded to the Mayor. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMENTS FROM THE PUBLIC There was no Public Comment. COMMENTS FROM THE COUNCIL Councilman Przybylinski addressed his fellow councilmembers expressing his views and concerns with respect to the Safety Inspection on the Stump Grinder used by the Central Services Department; explaining the piece of equipment has been taken out of service; expressing his concerns for safety of the employees and public; that there is no Standard Operating Procedures (SOP) or Job Hazard Analysis on this piece of equipment, nor is there any worksite risk assessment; stating the equipment has been in service since 1995; further stating his concerns regarding other equipment that is being used by the Central Services/Central Maintenance Department; recommending to have the Safety Engineer also inspect other pieces of equipment that may cause harm to fellow employees or citizens; and to be pro-active so that an injury cannot happen. Councilman Dabney commented on the equipment being used; asking how long it has been operating in that fashion. Discussion ensued between Councilmen Dabney and Przybylinski regarding the Stump Grinder and its records of service, the non-existent SOP, budget constraints and providing the best equipment they need to keep their employees safe (police, fire, etc.). Councilman Przybylinski stated there is no job that is so important that it cannot be done safely. Councilman Whitlow commented on the positive night tonight with the spirt and community; giving recognition to a lady in Michigan City by the name of Elizabeth Wygan, who has been involved with music programs and choir groups for some time here; thanking her for her dedication and spirt and promotion of Michigan City; further commenting on the song she has written entitled “Michigan City is the Town”; explaining her desire to market this song and then to use any profit from the sale to be donated to the Michigan City Donation Fund; stating that was really refreshing and that Ms. Wygan Page 8 June 21, 2015 deserves a lot of credit for that initiative; continuing to comment on Ms. Wygan’s background and involvement in Michigan City; and the Proclamation written by Mayor Meer proclaiming Sunday, June 12, 2016 at Sigma Alpha Iota Founders Day in the City of Michigan City; further stating that Ms. Wygan has already made a donation of checks from her recording. Councilwoman Boy commented on remembering Bernie Lutons, who was a long time Michigan City educator, who died in a car accident over the weekend. Councilman Przybylinski commented on the recent passing of Evelyn Baker, who was a long time Councilmember of 32 years; stating she was the first woman president of the Michigan City Common Council. ADJOURNMENT A motion by Councilman Hamilton, supported by Councilwoman Boy and there being no further business to transact, President Bietry declared the meeting ADJOURNED (approximately 7:24 p.m.) ______________________________ Gale A. Neulieb, City Clerk