City Council

REGULAR MEETING – September 17, 2019 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, September 17, 2019 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 Przybylinski. Roll call was authorized and the following were noted present and/or absent. PRESENT: COUNCIL MEMBERS Sharon Carnes, Bryant Dabney, Sean Fitzpatrick, Ron Hamilton, Don Przybylinski, Paul Przybylinski, Gene Simmons and Johnny Stimley (8). ABSENT: COUNCIL MEMBER Tim Bietry (1) President Przybylinski stated he received a telephone call from Councilman Bietry stating he was ill and he would not be able to attend this meeting; stating he has been excused. A QUORUM WAS NOTED PRESENT ALSO PRESENT: Jim Meyer – Council Attorney, Gale Neulieb City Clerk and Dawn Debald Asst. Deputy Clerk APPROVAL OF MINUTES President D. Przybylinski inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of September 3, 2019. Councilman Hamilton made a motion to approve the Regular meeting minutes held on September 3, 2019; second by Councilman Dabney. The minutes were approved as printed 8 – 0. REPORTS OF STANDING COMMITTEES The Finance Committee meeting was called to order at 6:05 p.m. by Chairman Dabney to review claims filed since the last meeting. Committee members Fitzpatrick and Przybylinski were present as well as Council members Hamilton, Stimley and Carnes. City Controller Rich Murphy was also in attendance; as well as from the public Mr. Nathan Patrick. Claims reviewed totaled $103,346.86 from the Riverboat Fund, $19,907.47 from the Boyd Development Fund, and a payment for the Energy Savings Project of $258,872.07 for a total docket of $382,126.40. There were no other outstanding issues to discuss. Councilman Fitzpatrick moved to recommend approval with a second from Councilman Przybylinski, the docket was approved unanimously. On a motion made by Councilman Fitzpatrick and second by Councilman Przybylinski, the meeting was adjourned at 6:07 p.m. The summary of claims are as follows: RIVERBOAT FUND CDW Government Inc. - $19,895.00 Enterprise Rent-a-Car - $615.44 James Meyer & Associates PC - $717.50 Miner Electronics Corporation $25,901.64 Page 2 September 17, 2019 Haas & Associates LLC - $33,841.98 Global Engineering and Land Surveying - $22,375.00 TOTAL from Riverboat Fund $103.346.86 BOYD PAYMENT Corporate Payments SYSTEMS - $176.93 Apollo Printing & Graphics - $744.50 George Prellwitz - $666.70 Primera Engineers - $3,716.76 We Create Media - $14,602.58 TOTAL from Boyd Development: $19,907.47 ENERGY SAVINGS PROJECT LOAN - $258,872.07 TOTAL CLAIMS DOCKET $382,126.40 REPORTS OF SPECIAL OR SELECT COMMITTEES President D. Przybylinski asked if there were any reports of special or select committees. Councilman Dabney presented the September 9, 2019 Finance Committee minutes: The purpose of the meeting is to review and discuss the following proposed ordinance: APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE LOCAL OPTION INCOME TAX (LOIT) FUND FOR THE PURCHASE OF EQUIPMENT, UNIFORMS, ATTENDANCE AT THE POLICE ACADEMY AND OTHER RELATED EXPENSES TO HIR NEW POLICE OFFICERS FOR THE MICHIGAN CITY POLICE DEPARTMENT. The Special Finance Committee meeting was called to order at 5:09 p.m. by Chairman Dabney to discuss the ordinance itself and the $60,000.00 funding. Committee members Fitzpatrick and Przybylinski were present as well. Chief’s Swistek was in attendance on behalf of the police department. City Controller – Rich Murphy was unable to attend. There were also two members of the public in attendance. After discussion regarding the funding, and the balance of the LOIT fund as of September 9, 2019 ($984,000); the discussion of the ordinance was concluded. Upon a motion by Councilman Przybylinski and a second by Councilman Fitzpatrick, the funding was approved. The funding of the ordinance was given a 3 – favorable recommendation to be brought to the entire City Council on 2nd reading. Upon a motion Councilman Przybylinski and a second by Chairman Dabney, the meeting was adjourned at 5:25 p.m. REPORTS of OTHER CITY OFFICERS and DEPARTMENT President D. Przybylinski asked if there were any reports of other City Officers and Departments; stating Fire Chief Randy Novak was present to discuss year to date over time for the fire department. Chief Novak presented an update report on the Michigan City’s Fire Department overtime to date; presenting and explaining a draft regarding overtime the past few years compared to the present year with a projection he is hoping for. Discussion ensued between Chief Novak and Councilmembers Fitzpatrick, Simmons, P. Przybylinski, and President D. Przybylinski regarding the overtime and how the Safer Grant they received for the department was able to hire six (6) additional firefighters along with keeping up with the hiring to replace retirees; thanking Randy for his report. Page 3 September 17, 2019 CLAIM DOCKETS President D. Przybylinski stated the Claims for Fund #2042 –Riverboat is $103,346.86 and Fund #2031 – Boyd Development – $19,907.47 along with ESG Payment of $258,872.07. Councilman Dabney made the motion to approve the claims; second by Councilman Bietry; asking if there were any opposed; there was no response. Motion carried 8-0. PETITIONS Clerk Neulieb advised there were no petitions received. COMMUNICATIONS City Clerk Neulieb read the following correspondence received in the Clerk’s office: Correspondence received in the Clerk’s Office on September 3, 2019, from DLZ - Weekly Activities Report – ESG Energy Project Correspondence received in the Clerk’s Office on September 4, 2019 from John Kirk, DLZ – Field Observation Report on ESG’s Solar Panel projects at Fire Station #4 /Patriot Park/Senior Center Correspondence received in the Clerk’s Office on September 11, 2019 from Mr. Jim LaRocco – LaRocco Pest Control President Przybylinski stated Mr. LaRocco wanted his letter read into the minutes reading the following: RE: his response to Mr. Kalon Kubik, Mayor Meer’s Assistance Dear Kalon, In response to your termination letter of September 3, 2019, and your claim that only one office was treated during last service call. LaRocco Pest Control was contracted to treat the following: Mayor’s office area, entryways and the common break area only. The City Clerk’s office was added later at no extra charge. All other offices are treated on an as needed basis and always at no extra charge. We have treating City Hall for over 35 years through several different mayors with no questions about the quality of our service until now. LaRocco Pest Control is the only family owned and operated pest control company in Michigan City and has provided pest management solutions for 40 years to the City. We have donated countless thousands of dollars of pest control service to Michigan City over this time. Thank you for the opportunity to serve you. Correspondence received in the Clerk’s Office on September 11, 2019 from Ms. Natalee Stewart – resignation from the Veteran’s Commission effective immediately Page 4 September 17, 2019 RESOLUTION The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION 4756 A RESOLUTION INCREASING AND DECREASING CERTAIN APPROPRIATIONS WITHIN THE BUDGET OF THE FIRE DEPARTMENT IN THE GENERAL FUND #1001 FOR THE YEAR 2019 IN MICHIGAN CITY, INDIANA WHEREAS, there exists certain circumstances within the budget of Fire Department of the General Fund #1001 of Michigan City which require increasing and decreasing appropriations for certain line items in that Fund for the year 2019. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Michigan City, La Porte County, Indiana, that: Section 1. Because it is deemed advisable and necessary, in order to meet the circumstances facing the Budget of the Fire Department in the General Fund of the City, the Common Council approves the following transfer of appropriations, as listed, to-wit: FIRE DEPARTMENT OF GENERAL FUND #1001 DECREASE: A/C #1001.201.422.026 $26,000.00 Operating Supplies-Diesel Fuel INCREASE: A/C #1001.201.439.090 $26,000.00 Other Services and Charges-Other Contractual Services This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. INTRODUCED BY: /s/ Don Przybylinski, President Michigan City Common Council President D. Przybylinski stated as being the author advised what the City wants to do in conjunction with the Michigan City Area Schools is to donate the Michigan City’s Fire Department pumper truck (Engine #5) which is inoperable condition letting the AK Smith Center students that are studying fire science; along with students studying the automotive field, welding programs, and EMT programs have the opportunity to examine the vehicle and understand how this vehicle operates; with the Council believing the donation of this truck to the MCAS is in the best interest of the City and their residents and will provide these students the opportunity to have an on hand experience. President D. Przybylinski stated the Board of Public Works and Safety as the purchasing agent for the City will approve the transfer of this pumper truck to the MCAS at their next meeting on October 7, 2019. Chief Novak stated the fire department took possession of this pumper truck on September 11, 2001, the actual date the towers were hit eighteen years ago; stating seventeen years to the day on September 11, 2018 this truck came out of service; advising for the public’s information, this truck didn’t have any trade in value due to the frame being cracked. Chief Novak addressed Councilman P. Przybylinski advising that there will be nothing on the pumper truck historically being left on the truck; stating that they hadn’t put plaques on trucks for years and that the department will be removing the City’s symbol. Page 5 September 17, 2019 President D. Przybylinski asked if there was anyone from the general public that wished to speak on this resolution (repeating three times); there was no response. President D. Przybylinski asked if there were any comments from the Council; Councilman Hamilton made a motion to approve the proposed resolution, second by Councilman P. Przybylinski. President D. Przybylinski stating there being no other comments the proposed resolution was approved by the following vote: AYES: Council Members Stimley, Dabney, Carnes, Fitzpatrick, Hamilton, D. Przybylinski, P. Przybylinski and Simmons (8). NAYS: None (0). ORDINANCES The Clerk read the following ordinance on 1st reading by title only, REPEALING AND REPLACING ARTICLE VIII IN CHAPTER 46 IN THE MICHIGAN CITY MUNICPAL CODE COMMONLY KNOWN AS THE “FLOODPLAINS” Introduced by: Sharon Carnes President D. Przybylinski asked if the Author had anything to add. Councilwoman Carnes stated last year the Indiana Department of Natural Resources contacted the City on behalf of FEMA informing the City that we needed to update our floodplain regulations in order to comply with state and federal regulations; sending us model ordinance with the language that should be adopted; advising we need to approve these changes in order to receive the benefits of the national flood insurance program which offers 6.5 million dollars protecting thirty-two (32) properties in Michigan City and that this language was already approved by the IDNR. Skyler York, Assistant Michigan City Planner stated Councilwoman Carnes summarized the proposed ordinance accurately; advising this is basically an update to our current ordinance in place. Mr. York advised Councilman P. Przybylinski that there were no changes to the Michigan City’s floodplain map; advising the flood plain maps are being redone at this time and can be viewed on line; the maps are separate from the ordinance being proposed. President D. Przybylinski asked if the general public had any comments or questions regarding the proposed ordinance; there was no response. President D. Przybylinski asked if there were any comments from the Council. Councilman P. Przybylinski asked to have amendments on third reading, if there were no objections; with Attorney Meyer stating we are on first reading this evening. Councilwoman Carnes added that Ms. Lapaich provided us with a mark-up of the model ordinance with the changes in it; stating that the draft ordinance was submitted to IDNR and already approved; advising it is essential not to tweak this ordinance. President D. Przybylinski asked if there were any other comments from the Council regarding the proposed ordinance, hearing none; the ordinance will be held over on second reading at the October 1, 2019 Council meeting. The Clerk read the following ordinance on 1st reading by title only, CREATING SECTION 22-54 IN CHAPTER 22 OF THE MICHIGAN CITY MUNICIPAL CODE TO BE KNOWN AS THE BUILDING PERMIT CONFLICT OF INTEREST Introduced by: Bryant Dabney President D. Przybylinski asked if the Author had anything to add at this time. Page 6 September 17, 2019 Councilman Dabney read the first “WHEREAS”; “IC 36-1-27-4 Ordinances; conflict of interest procedures Sec. 4. (a) Except as provided in subsection (c), a unit shall adopt an ordinance to establish a procedure to address a conflict of interest that prevents a building commissioner, building code official, or inspector from issuing a permit under section 3 of this chapter. (b) An ordinance adopted under this section must include the following: (1) A procedure for the building commissioner, building code official, or inspector to report a conflict of interest. (2) A procedure for appointing a qualified temporary replacement building commissioner, building code official, or inspector in the case of a conflict of interest. (c) An ordinance adopted by a unit before July 1, 2019, satisfies the requirements of this section if the ordinance includes the procedures required by subsection (b);” President D. Przybylinski asked if there were anyone from the public that wished to speak on this ordinance (repeating three times); there was no response. President D. Przybylinski asked the Council if they had any questions or comments regarding the proposed ordinance; there was no response. President D. Przybylinski advised they would move the proposed ordinance onto second reading at the October 1, 2019 Regular Council meeting. The Clerk read the following ordinance on 1st reading by title only, CREATING SEC. 22- 85 IN CHAPTER 2 OF THE MICHIGAN CITY MUNICIPAL CODE TO BE KNOWN AS PREVENTION OF CONTRACTOR PAYROLL FRAUD Introduced by: Ron Hamilton President D. Przybylinski asked if the Author had anything to add at this time; Councilman Hamilton stated he had nothing to add at this time. President D. Przybylinski asked if there were anyone from the public that wished to speak on this ordinance (repeating three times). John Carr, 1902 N. Whisper Crossing, LaPorte, Indiana, addressed the Council thanking the Council for introducing this ordinance on behalf of the LaPorte Stark Pulaski Building Trades.; advising other surrounding communities have recently passed this. President D. Przybylinski asked if there were anyone else from the public that wished to speak on this ordinance (repeating three times); there was no response. President D. Przybylinski asked the Council if they had any questions or comments regarding the proposed ordinance. President D. Przybylinski asked to be added as a Co-Sponsor. President D. Przybylinski spoke with Mr. Carr earlier today, commenting on what is taking place in our community at work sites regarding non-union contractors, sub- contractors, fly-by-night contractors that come in and steal the jobs doing work for cash and not having to pay state or federal taxes, benefits, etc.; advising he will be watching closer to what contractors are being hired and who is being hired as sub-contractors on City projects. President D. Przybylinski advised they would move the proposed ordinance on to second reading at the October 1, 2019 regular Council meeting. Page 7 September 17, 2019 The Clerk read the following ordinance on 1st reading by title only, ORDINANCE OR RESOLUTION FOR APPROPRIATIONS AND TAX RATES Introduced by: Bryant Dabney President D. Przybylinski asked if the Author had anything to add at this time. Councilman Dabney stated this is a yearly/annual process that takes place in making the City budget setting an appropriation of tax rates; advising there are a couple people from the City’s Controller’s office if anyone has any questions regarding this process. President D. Przybylinski asked if there were anyone from the public that wished to speak on this ordinance (repeating three times); there was no response. President Przybylinski asked the Council if they had any questions or comments regarding the proposed ordinance; there was no response; advising the proposed ordinance would be held over for second reading at the October 1, 2019 regular Council meeting. The Clerk read the following ordinance on 1st reading by title only, AN ORDINANCE SETTING SALARIES AND WAGES FOR APPOINTED OFFICIALS AND EMPLOYEES OF THE CITY OF MICHIGAN CITY, INDIANA, FOR THE CALENDAR YEAR 2020 Introduced by: Bryant Dabney President D. Przybylinski asked if the Author had anything to add at this time. Councilman Dabney advised this again is an ordinance we adopt annually and are moving into budget meetings with each department; stating a one (1) percent increase is being proposed. President D. Przybylinski asked if there was anyone from the public that wished to speak on this ordinance (repeating three times). Rodney McCormick, 617 Union Street, questioned the Council regarding the annual salary being proposed for the Central Maintenance Director as well as the Central Service Superintendent’s annual salary. Councilman Hamilton stated if you go to the “Gateway” program there is only one person that receives over $100,000 and that is through the City’s Fire department. Discussion ensued regarding the annual salaries being proposed for these two (2) positions between President Przybylinski, Controller Rich Murphy, and Mr. McCormick. Duane Parry, 2206 Maple Street stated this issue could be resolved if the Controllers office could supply the names of the individuals that hold these positions. President D. Przybylinski asked if there were any other comments from the general public (repeating three times); there was no response. Council President Przybylinski asked if the Council had any comments regarding the proposed ordinance; Councilman Stimley commented on the proposed 1% raise; stating that he would like to see an equal amount given across the board rather than a percentage; advising by doing percentages we continue to widen the gap between the higher paid employees in each department and the lowered paid employees along with proposing a stepping program to give employees incentives for their performance, years of service, etc. Page 8 September 17, 2019 Councilman Fitzpatrick asked if the Controller’s office could let the Council know who holds the positions Mr. McCormick was referring to. Councilman Hamilton stated the public can go to the Indiana Gateway Program, then to employee compensation and here it posts what each person makes, who is employed by the City of Michigan City, their title/job along with their annual compensation. President D. Przybylinski stated that in the proposed ordinance the Council received the Central Services Superintendent’s salary is $59,969.75. President D. Przybylinski asked the Council if they had any other questions or comments regarding the proposed ordinance; there was no response; advising the proposed ordinance would be held over for second reading at the October 1, 2019 regular Council meeting. The Clerk read the following ordinance on 1st reading by title only, AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE MAYOR Introduced by: Bryant Dabney President D. Przybylinski asked if the Author had anything to add at this time. Councilman Dabney read the following from the proposed ordinance; the Mayor of Michigan City shall be paid an annual salary of $79,409.81 ($3,054.22 by weekly) from the General Fund beginning January 1, 2020, with the General Fund being reimbursed $6,000.00 from the Sanitary District operating fund off the salary of the Mayor; stating basically what is coming out of General Fund is $73,409.81 after reimbursement. President D. Przybylinski asked if there was anyone from the public that wished to speak on this ordinance (repeating three times); there was no response. Tom Smith, 1710 W. 10th Street, questioned why the Sanitary District was giving monies toward the salary of the Mayor. President D. Przybylinski stating he would answer his question under Council comments; that at this time they were under public comments. Tony Childers, 205 Douglas Avenue; asked if the Mayor received compensation from any other City Boards, Commissions or Departments; stating several concerns regarding the present administration and the Mayor’s salary being proposed. President D. Przybylinski asked Mr. Childers to address these issues under public comment; that the Council is asking for public comments regarding the proposed ordinance. Rich Murphy, City Controller stated he was not aware of any other compensation the Mayor receives; according to a salary study the City recently received; the Mayor is under paid in comparison to many other municipalities. Discussion ensued regarding if the Mayor received compensation when serving on the Redevelopment Commission between Mr. Murphy, Councilman P. Przybylinski, and Attorney Meyer; with Attorney Meyer advising an elected official serving on that board cannot be paid according to an Indiana Statute. Rodney McCormick, 617 Union Street, addressed the Council regarding his presence at City Hall and putting political signs in his vehicle. Council President D. Przybylinski asked if there was anyone from the Council that would like to speak on this ordinance (repeating three items); hearing none the ordinance was held over on second reading at the October 1, 2019 regular Council meeting. Page 9 September 17, 2019 The Clerk read the following ordinance on 1st reading by title only, AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE CITY CLERK Introduced by: Bryant Dabney President Przybylinski asked if the Author had anything to add at this time. Councilman Dabney read the following from the proposed ordinance; The City Clerk of Michigan City shall be paid an annual salary of $52,039.36 ($2001.51 bi-weekly) from the general fund beginning January 1, 2020. The general fund is reimbursed $1,000.00 from the Sanitary District operating fund to offset the salary of the City Clerk. President D. Przybylinski asked if there was anyone from the public that wished to speak on this ordinance (repeating three times). Tony Childers, 205 Douglas Street, commented on the Clerk’s office duties and their annual salaries. Kathy Stransky, 223 E. Barker Avenue, made several kind words about the staff in the City Clerk’s office. President D. Przybylinski asked if there was anyone else from the public that wished to speak on this ordinance (repeating three times); there was no response. Council President D. Przybylinski asked if there was anyone from the Council that wished to speak on this ordinance (repeating three items); hearing none the ordinance was held over on second reading at the October 1, 2019 regular Council meeting. The Clerk read the following ordinance on 1st reading by title only, AN ORDINANCE ESTABLISHING SALARIES FOR THE FIRE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2020 Introduced by: Bryant Dabney President Przybylinski asked if the Author had anything to add at this time. Councilman Dabney stated the Fire Department salaries are negotiated through labor negotiations; this year the Fire Department has the “Me Too” clause which means they will get the same raise as the City employees receive. President D. Przybylinski asked if there was anyone from the public that wished to speak on this ordinance (repeating three times); there was no response. Council President D. Przybylinski asked if there was anyone from the Council that wished to speak on this ordinance (repeating three items); hearing none the ordinance was held over on second reading at the October 1, 2019 regular Council meeting. The Clerk read the following ordinance on 1st reading by title only, AN ORDINANCE ESTABLISHING SALARIES FOR THE POLICE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2020 Introduced by: Bryant Dabney President D. Przybylinski asked if the Author had anything to add at this time. Councilman Dabney stated the Police salaries are also negotiated through labor negotiation; this year the Police Department negotiated a 2% raise for 2020 in their contract. Page 10 September 17, 2019 President D. Przybylinski asked if there was anyone from the public that wished to speak on this ordinance (repeating three times); there was no response. Council President D. Przybylinski asked if there was anyone from the Council that wished to speak on this ordinance (repeating three items); hearing none the ordinance was held over on second reading at the October 1, 2019 regular Council meeting. The Clerk read the following ordinance on 1st reading by title only, AN ORDINANCE SETTING THE ANNUAL SALARIES FOR THE COMMON COUNCIL MEMBERS Introduced by: Bryant Dabney President D. Przybylinski asked if the Author had anything to add at this time. Councilman Dabney read the following from the proposed ordinance; Each member of the Common Council of the City of Michigan City shall be paid $14,553.09 ($559.73 bi- weekly) beginning January 1, 2020. President D. Przybylinski asked if there was anyone from the public that wished to speak on this ordinance (repeating three times); there was no response. Council President D. Przybylinski asked if there was anyone from the Council that wished to speak on this ordinance (repeating three items); hearing none the ordinance was held over on second reading at the October 1, 2019 regular Council meeting. The Clerk read the following ordinance on 2nd reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE LOCAL OPTION INCOME TAX (LOIT) FUND FOR THE PURCHASE OF EQUIPMENT, UNIFORMS, ATTENDANCE AT THE POLICE ACADEMY AND OTHER RELATED EXPENSES TO HIRE NEW POLICE OFFICERS FOR THE MICHIGAN CITY POLICE DEPARTMENT Introduced by: Ron Hamilton Don Przybylinski (DECREASE Fund #2224 LOIT Unappropriated balance -$60,000.00, INCREASE Account #2224.202.422.037 - $60,000.00 Police Clothing and Safety Equipment) President D. Przybylinski asked if the Author had anything to add at this time; adding this appropriation is needed to replenish for officers that will be leaving as well as officers that will be retiring in 2020. President D. Przybylinski asked if there was anyone from the public that wished to speak on this ordinance (repeating three times); asking Chief Williams if he wanted to speak on this ordinance; there was no response. Tom Smith, 1710 W. 10th Street, addressed the Council regarding the recent issues the Fire and Police Departments are facing with probationary police officers and fire fighters quitting for better paying jobs shortly after they have graduated from the academy; stating in most cases if someone wants an education to pursue a career in the civilian world they would have to pay to get one; advising the City is hiring and paying them while they are going to the academy to be a police officer or firefighter; it would make sense that they have to have some kind of commitment/contract with the City for the education they are receiving. Royce Williams, Chief of Services MCPD, agreed with Mr. Smith’s comments; advising they are working on documents with the City Attorney to address these issues and will be proposing/sharing a proposed contract in the near future. Chief Williams addressed Councilman Dabney’s question, advising a new hire would not have to pay upfront to go to the academy; stating new hires would sign an Page 11 September 17, 2019 agreement/contract if attending the academy; explaining if they leave early they would have to reimburse the City. President D. Przybylinski asked if there was anyone else from the public that wished to speak on this ordinance (repeating three times); there was no response, closing the formal public hearing. President D. Przybylinski asked if there were anyone from the Council that wished to speak on this ordinance; Councilman P. Przybylinski commented on the information received this evening regarding the itemized equipment a probationary police officer receives shows a cost of $12,000.00; asking what items on this list are returned if an officer leaves before their probationary period is complete. Discussion ensued between Chief Williams and Councilman P. Przybylinski regarding what is returned and what is reallocated to a new hire. Chief Williams advised that the MCPD Chief’s office does do an exit interview with each officer leaving the department; with Councilman P. Przybylinski requesting to do a study to find out why these officers are leaving beyond it being monetary. Councilman P. Przybylinski asked to have amendments on 3rd reading; Councilwoman Carnes objected, with President D. Przybylinski stating since there was an objection by Ms. Carnes there will be no amendments made on 3rd reading. President D. Przybylinski commented on the information he passed out to each Council members with the equipment distributed to each new hire and the total cost. President D. Przybylinski addressed his concerns regarding officers leaving and is looking forward to having a possible contract for the new hires to sign. Councilman Fitzpatrick asked if there was an update on the inquiries to what other jurisdictions are enforcing and if there is a time frame of when this will be brought to the Council; Attorney Meyer stating they have gathered five or six ordinances/contracts from surrounding areas and are hoping to bring a draft to the Council as a resolution with a contract to be enforced by the next Council meeting on October 1, 2019. Councilman Stimley asked since we are moving forward on a contract for the police departments new hires he has requested to also do a contract for the fire departments new hires as well. Attorney Meyer advised Councilman Fitzpatrick that there are certain legal reasons why it must be in a form of a contract attached to a resolution opposed to an ordinance. Council President D. Przybylinski asked if there was anyone else from the Council that would like to speak on this ordinance (repeating three items); hearing none the ordinance was held over on second reading at the October 1, 2019 regular Council meeting. UNFINISHED BUSINESS President D. Przybylinski stated the Common Council has one appointment to the Board of Zoning Appeals due to the resignation of Mr. Michael Johns term expires; December 31, 2022; Clerk Neulieb stated that her office received one application from Ms. Kathy Stransky. Councilman Fitzpatrick nominated Kathy Stransky, second by Councilman Dabney; President D. Przybylinski asked if there were any other nominations (repeating three times) hearing none, nominations were closed. Page 12 September 17, 2019 President D. Przybylinski stated there are no other nominations, if there is no objection, we will call for the vote; there was no response and Ms. Stransky was appointed to the Board of Zoning Appeals by the following vote 8 – 0. NEW BUSINESS President D. Przybylinski stated the Mayor is requesting advice and consent of the members of the Michigan City Common Council regarding his appointment of Mr. Jay Slutzkin as a member of the Michigan City Board of Cemetery Trustees; replacing former member Virginia Nichols beginning immediately and serve the remainder of Ms. Nichols term which expires January 1, 2022 President D. Przybylinski advised the Council will take the vote at the next regular meeting on October 1, 2019. Council President D. Przybylinski advised the Common Council has one appointment to the Veterans Commission due to the resignation of Ms. Natalee Stewart Term expires: December 31, 2020; asking the Council to reach out for nominations and this will be addressed at the October 1, 2019 regular Council meeting. COMMENTS FROM THE PUBLIC President D. Przybylinski asked if there were any comments from the public; asking those who wanted to comment to address the Council on any matter to state their name and address for the record. Rodney McCormick, 617 Union Street, commented on an article that was in the News Dispatch reporting on this year’s Taste of Michigan City and Annual Boat Race, bringing in over 13.6 million dollars in our community; asking questions regarding who pays for the police security and fire protection working this event; stating other concerns that occurred during the 2019 Taste and boat race. Mr. McCormick also addressed the Council regarding a video he sent to each of them; commenting on concerns he has with the MCPD accountability and racism. President D. Przybylinski interrupted Mr. McCormick advising it is public comment; not a time to put down City employees and issues having to do with Asst. Chief Williams and the MCPD the Council can’t address. Discussion ensued between President D. Przybylinski and Mr. McCormick. Tony Childers, 205 Douglas Avenue, addressed the Council stating several concerns regarding the budget being proposed and a past Mayor still being in business with the City. Councilman Hamilton (parliamentarian of the Council) asked Mr. Childers to watch his language please. Mr. Childers continued to address the Council regarding the upcoming election. Rodney McCormick, 617 Union Street commented on the firing of Jim LaRocco, LaRocco Pest Control. Ali Alhusjain, 328 Hendricks Street, addressed the Council regarding the City’s sewer lines along Hendricks Street stating that everyone on their street have taps except him and his neighbors; advising they brought this to the City’s attention two years ago and was told there is no solution; explaining if they want to tap into the City’s sewer line they themselves would have to pay for it. Page 13 September 17, 2019 Mr. Alhusjain feels this is a City utility and that all homes in the City should be connected to the City’s sewer line with no cost to the resident. President D. Przybylinski advised Mr. Alhusjain he would speak to him after the meeting regarding these issues. Tony Childers, 205 Douglas Avenue, commented on the Diesel Fuel release from the South Shore Freight Rail Yard reported to IDEM on July 21, 2019; asking why the citizens of Michigan City didn’t know anything about this. Discussion ensued between President D. Przybylinski and Mr. Childers regarding the diesel fuel leak. Mr. Childers stated he attended the Board of Public Works Safety meeting held on Monday, October 16, 2019 where they advised him to go to the Council to address this matter. Mr. D. Przybylinski advised that he hadn’t heard anything about the leak; advising he contacted IDEM this afternoon and this was their response; reading the following: From: Lankowicz, John D, Emergency Response On-Scene Coordinator To: Donald Przybylinski Subject: Phone Conversation Summary – Trail Creek Sheen, Diesel Spill at NICTD/CSS&SBRR Rail yard This email memorializes our phone conversation from this afternoon. I explained that I am the On-Scene Coordinator for this incident. The sheen observed on Trail Creek was first reported to IDEM on 7/21/19 by the Indiana DNR. IDEM responded on 7/22/19 and identified a source from the Northern Indiana Commuter Transportation District (NICTD) & Chicago South Shore/South Bend Railroad (CSS&SBRR) rail yard’s permitted stormwater outfall. It was determined on 7/23/19 that the railyard has a release of diesel from the CSS&SBRR locomotive fueling operations. The diesel discharging from the outfall area is no longer actually discharging from the storm water pipe, but from underneath the (indicating the contamination has found a preferential pathway underneath the piping). A contractor has been hired by CSS&BRR to contain and collect the diesel discharging to the outfall area. In addition, petroleum contamination in the ditch between the rail yard and Trail Creek has been cleaned up to the extent possible at this time. Officials with Michigan City (including Mike Kuss) and the Michigan City School district have been notified as at appears portions of their property may have been impacted. No observable impact has been identified to fish within Trail Creek including the portion of Trail Creek blowing through the Pottawatomi Golf Course. The source of the diesel spill is believed to have been eliminated. Efforts to contain and collect diesel at the outfall area is ongoing. IDEM is in the process of transitioning this incident over to the State Cleanup Section for evaluation for further investigation/remediation. A copy of the spill report can not be provided at this time as it is not complete. Discussion ensued between Mr. Childers and President D. Przybylinski regarding this happening and the citizens of Michigan City not being notified about the diesel spill. Rodney McCormick, 617 Union Street, asked President D. Przybylinski why he didn’t pass it on to the media when he received this information. Mr. McCormick asked Councilman Dabney if he could get the tree removed on Peru Street that has been there for seven (7) days with traffic not being able to get thru. Tom Smith, 1710 West 10th Street, addressed the Council regarding the NICTD appropriation (bond) that was approved at the last Council meeting for the Double Tracking Project; advising he just received a letter from NICTD stating several concerns and what was being proposed at the Council meeting and the information sent in the letter; asking if there are cost overruns; is Michigan City’s portion going to stay the same (60-40) or will the cost overruns to this project raise the property taxes in Michigan City. Page 14 September 17, 2019 Mr. Smith stated several other concerns regarding the entire agreement the City agreed upon with NICTD. Frank Anderson, 408 Martin Luther King Drive, asked why there are no sidewalks on Karwick Road for the people that live at Merry Hill Drive that walk to Karwick Plaza; stating the City doesn’t think about the people in the 6th ward. Councilman Simmons agreed with Mr. Anderson comments. Councilman Stimley advised that he went to the Board of Public Works and Safety meeting requesting for bike lanes to be painted on Karwick; at that time City Engineer Charles Peller advised him that it was in the City’s budget to do that this year. Duane Parry, 2206 Maple Street, addressed the Council regarding Mr. Smith’s questions; advising there are over 40 municipal projects submitted by the Indiana Department of Transportation in their report to Congress; from there they send what they approved to the President for his approval ; stating out of these forty projects three (3) Indiana Projects are in various stages with none of them being in construction phase; explaining that Congress only does these reports annually; stating the Double Track is not on this years’ list/report from Indiana Department of Transportation to Congress. Tony Childers, 205 Douglas Avenue, commented on the sixteen-year project of the Singing Sands Trail and the millions of dollars that have been put into this project with no trails to date. President D. Przybylinski asked if there were any other comments from the public; there was no response. COMMENTS FROM THE COUNCIL President D. Przybylinski asked if there were any comments from the Council. Councilman Fitzpatrick commented on the rash of emails the Council has been receiving from M.C.P.D. Chief Swistek and MCPD Asst. Chief Williams; advising it was in reference to the Larkin’s case and an incident with a citizen (Rodney McCormick) and an off duty police officer (Sargent Barr); asking why are these emails are being forwarded to the Council when you would think it is a personnel matter. Rodney McCormick started to address the Council. President D. Przybylinski stated it is Council comment at this time; public comment is over. Councilman P. Przybylinski thanked and congratulated Kathy Stransky for her appointment to Zoning Board. Councilman P. Przybylinski commented on the resolution 7-19 that was adopted by the Redevelopment Commission regarding the Double Track Project; with Attorney Meyer stating he didn’t have the information in front of him; confirming the resolution he is referring to is stating that the bond monies would be paid out of the TIF District; which in this case is the South TIF District funds. Attorney Meyer addressed Councilman P. Przybylinski’s question regarding Resolution 4754, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, APPROVING A LEASE BETWEEN THE MICHIGAN CITY REDEVELOPMENT AUTHORITY AND THE MICHIGAN CITY REDEVELOPMENT COMMISSION RELATED TO THE DOUBLE TRACKING PROJECT AND TAKING OTHER ACTIONS RELATED THERETO that was adopted at the September 3, 2019 Council meeting ; commenting on the language in the resolutions that says “not limited to”; Attorney Meyer advising that if the TIF money is not there the City would have to raise the property taxes; that is very unlikely to happen. Page 15 September 17, 2019 Councilman P. Przybylinski read the following letter from the LaPorte County Auditor Joie Winski that he received: Per our phone conversation on Tuesday, September 10, 2019, concerning assessed values and the City’s budget, you do not need future assessed values to complete your budget. Budget’s should be based on current assessed valuations and the current growth factor, which this year is 3.5% for the county-1.0350% for the city. Your maximum levy can only increase by the Assessed Value Growth Quotient. The County Council had their budget hearings on July 22 & 23 of this year and have already had their public hearing and the adoption will be on September 23rd. I’m enclosing some information that might help you with understanding the current budget process. As you can see by the calendar page – budget workshops began on July 15th. The Net Assessed Values were not due to be submitted until August 1st thus providing that CNAV’s are not necessary to estimate a budget. As you probably know, the LaPorte County government was attacked with ransomware on July 6th of this year. All our servers and back up servers were affected and because of this, we had limited use of email. We could not transfer needed data from the assessor to the auditor, thus we were not able to transfer certified net assessed values to the state by August 1st this year. The DLGF was notified on July 8th of the ransomware and has been very understanding. We are back on track now and hopefully will never have this horrible experience again. Please let me know if I can be of further help in any way. Councilman P. Przybylinski stated he was concerned about the City’s budget process lagging so far behind; therefore contacting Ms. Winski; asking the Clerk’s Office to forward a copy of this to each Council member. Councilwoman Carnes wanted to corroborate Councilman Hamilton’s recollection regarding the employee Compensation Report Gateway and the ordinance setting salaries and wages for appointed officials and employees that was on the agenda this evening; advising that on this report it does show a superintendent and director for Central Services; with the Director being Mr. Farmer and the Superintendent Mr. Zondor with the salaries that were represented in the proposed ordinance. ADJOURNMENT A motion by Councilman Hamilton, supported by Councilman P. Przybylinski and there being no further business to transact, President D. Przybylinski declared the meeting ADJOURNED (approximately 8:46 p.m.) ______________________________ Gale A. Neulieb, City Clerk