City Council

REGULAR MEETING – December 3, 2019 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, December 3, 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 D. President Przybylinski. President D. Przybylinski welcomed Boy Scout Troop #876 from Queen of All Saints who are here this evening to satisfy their requirement for their Civic Badge achievement. Roll call was authorized and the following were noted present and/or absent. PRESENT: COUNCIL MEMBERS Tim Bietry, Sharon Carnes, Bryant Dabney, Sean Fitzpatrick, Ron Hamilton, Don Przybylinski, Paul Przybylinski, Gene Simmons and Johnny Stimley (9). ABSENT: none (0). A QUORUM WAS NOTED PRESENT ALSO PRESENT: Jim Meyer – Council Attorney, Gale Neulieb City Clerk and Kim Sliwa 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 November 19, 2019. President D. Przybylinski asked for a motion to approve the Regular Council meeting minutes from November 19, 2019; with a motion from Councilman Hamilton and second by Councilman Simmons. The minutes were approved as printed 9 -0. REPORTS of STANDING COMMITTEES The Finance Committee meeting was called to order at 6:08 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 Carnes, Bietry, Hamilton, Stimley and Simmons, as well as Council Attorney James Meyer. City Controller Rich Murphy was unable to attend. Claims reviewed totaled $13,897.99 from the Riverboat Fund, $27,082.57 from the Boyd Development Fund, and a payment to the Energy Savings Plan for $182,895.73, for a total docket of $223,876.29. There were no other outstanding issues to discuss. Councilman Fitzpatrick moved to recommend approval of the docket, and with a second by Councilman Przybylinski, the motion to approve the docket was approved unanimously. On a motion made by Councilman Przybylinski and second by Councilman Fitzpatrick, the meeting was adjourned at 6:14 p.m. The summary of claims are as follows: From the Riverboat Fund Jacob Kubath - $48.56 James Manuel - $54.69 Michigan City Fire Department - $3,094.79 Page 2 December 3, 2019 Serviscape - $1,640.00 Kevin Vahst - $59.95 South Bend Fire Department - $9,000.00 Total from Riverboat Fund: $13,897.99 From Boyd Development Corporate Payment Systems - $176.74 Trashcans Warehouse - $26,905.83 Total from Boyd Development: $27,082.57 Energy Systems Group App 11 - $77,397.53 Energy Systems Group App 12 - $105,498.20 TOTAL ENERGY SYSTEMS GROUP - $182,895.73 Total Claim Dockets - $223,876.29 REPORTS OF SPECIAL or SELECT COMMITTEES President D. Przybylinski asked if there were any reports of Special or Select Committees; there was no response. REPORTS OF OTHER OFFICERS AND DEPARTMENTS President D. Przybylinski asked if there were any reports of Other Officers and Departments; there was no response. CLAIM DOCKETS President D. Przybylinski stated the Claims for Fund #2042 – Riverboat of $13,897.99, Fund #2031 – Boyd Development - $27,082.57, and payment to ESG (Energy Savings Group) - $182,895.73. Councilman Dabney made the motion to approve the claims; second by Councilman Hamilton; asking if there were any opposed, there was no response. Motion carried 9 – 0. PETITION President D. Przybylinski asked if there were any petitions this evening. Clerk Neulieb advised there were no petitions. COMMUNICATIONS President D. Przybylinski asked if there were any communications. City Clerk Neulieb read the following communications received in the Clerk’s Office: Correspondence received in the Clerk’s Office on November 18, 2019 and November 25, 2019, from DLZ – Weekly Activities Report – ESG Energy Project RESOLUTIONS President D. Przbylinski asked if there were any resolutions. Page 3 December 3, 2019 Clerk Neulieb read the following proposed resolution by title only, A RESOLUTION INCREASING AND DECREASING CERTAIN APPROPRIATIONS WITHIN THE BUDGET OF THE POLICE DEPARTMENT IN THE GENERAL FUND #1001 FOR THE YEAR 2019, IN MICHIGAN CITY, INDIANA Introduced by: Bryant Dabney President D. Przybylinski asked if the author had anything he would like to add at this time. Councilman Dabney noted that this is not an increase in funding these are just end of year transfers moving money to close out the year. President D. Przybylinski asked if there was anyone from the public who wished to comment on the proposed resolution; there was no response. President D. Przybylinski asked if there were any Council comments on the proposed resolution. Councilman P. Przybylinski commented on the explanation on the money already in the budget in their accounts; questioning why the accounts are short; asking for an explanation on the transfers, specifically account #1001.202.439.090 - $32,200.00 for Contractual; further asking what the Contractual is for and if there was anyone present from the Police Department to answer these questions. Councilman Dabney stated he was not exactly sure what the increase in Contractual Services of $32,200.00 was for or where that is going to for this year; explaining the decrease in Salaries and Wages and Employee Benefits is coming from the loss of officers throughout the year; further commenting on the matter. Councilman P. Przybylinski commented on the funding request earlier in the year of $27,000.00; asking for an explanation to make sure of where the funds will be spent; commenting on there being no representation from the Police Department this evening and that he would not be able to support this without an explanation. Councilman Dabney stated as the sponsor of the proposed resolution he would have an explanation for the Council at the next meeting; further stating the Council has a Finance Committee meeting scheduled for Thursday where he can discuss this further and would be happy to report on this at both meetings. President D. Przybylinski asked if there were any other Council comments on the proposed Resolution; commenting on the matter and there being no representatives from the Police Department present to answer the Council’s questions; continuing to comment on the matter; making the motion to TABLE the proposed resolution so the Council can get the information and then bring it back at the next Council meeting; the motion was second by Councilman P. Przybylinski. President D. Przybylinski commented on City Departments wanting to make transfers between accounts should at least send a representative to the Council meeting to answer any questions the Council may have. President D. Przybylinski reiterated there was a motion made by himself with a second by Councilman P. Przybylinski. Councilman Bietry asked if the proposed resolution was being TABLED until the December 17, 2019 Council meeting. President D. Przybylinski stated that was correct; asking Clerk Neulieb to call the vote. The motion to TABLE the proposed resolution until December 17, 2019 was approved by the following vote: AYES: Council members Carnes, Fitzpatrick, Hamilton, D. Przybylinski, P. Przybylinski, Simmons, Stimley, Bietry and Dabney (9). NAYS: none (0). Page 4 December 3, 2019 Councilman Dabney advised he did just send out a message to get the answer; stating he would take responsibility for Chief Ashley not being present this evening as they thought this would go through without any issues as the Council always does transfers at the end of the year to cover expenses; explaining the transfer for Contractual Services would cover utilities and training for new officers, and he would bring this up at the next meeting. The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4761 RESOLUTION OF THE MICHIGAN CITY COMMON COUNCIL AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE INDIANA OFFICE OF TOURISM DEVELOPMENT FOR A NATIVE AMERICAN ART SCULPTURE PROJECT WHEREAS, the City of Michigan City, Indiana (“City”) is eligible to apply for a grant through the Indiana Office of Tourism Development for a Native American Art Sculpture Project; and WHEREAS, the total anticipated cost of the Native American Art Sculpture Project is $110,000.00, and the City’s grant request to the Indiana Office of Tourism Development will be for $50,000.00 with a local match of $60,000.00; and WHEREAS, the City has already secured a commitment for the local match from the Michigan City Public Art Commission in the amount of $5,000.00, the Michigan City Historical Society in the amount of $5,000.00, and the LaPorte County Convention and Visitor’s Bureau in the amount of $5,000.00; and WHEREAS, the Common Council supports the submission of the grant through the Indiana Office of Tourism Development for the Native American Art Sculpture Project and commits to funding the remainder of the local match in the amount $45,000.00. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Michigan City Indiana as follows: Section 1. That the Michigan City Common Council supports and authorizes the submission of an Indiana Office of Tourism Development Grant in the amount of $110,000.00 for the purpose of the Native American Art Sculpture Project and commits to appropriating funding in the amount of $45,000.00 for the local match. Section 2. That the Controller of the City of Michigan City, Indiana is authorized to create a fund to receive and distribute the grant funds upon approval of the Indiana Office of Tourism Development grant. This Resolution shall be in full force and effect after passage and approval by the Mayor. INTRODUCED BY: /s/ Tim Bietry, Member Michigan City Common Council /s/ Don Przybylinski, President Michigan City Common Council /s/ Paul Przybylinski, Member Michigan City Common Council Page 5 December 3, 2019 Passed by the Common Council of the City of Michigan City, Indiana, this 3rd day of December, 2019 by a vote of 6 to 3. /s/ Don Przybylinski, President Michigan City Common Council President D. Przybylinski asked if the authors had anything to add at this time. Councilman Bietry advised Ms. Shannon Eason of the M.C. Public Art Committee was present this evening to give a presentation on the acquisition of the Native American Art Sculpture. President D. Przybylinski commented as liaison from the Council to the M.C. Public Art Committee he can say they do a fantastic job in trying to promote art within Michigan City; explaining this came to the Council after it appeared before the Redevelopment Commission who did not have enough members in attendance to vote and second on the proposed project; further explaining he spoke to Ms. Eason and advised in all fairness to the M.C. Public Art Committee, and to the Council, for the Committee to present to the Council to see if they would vote in favor; further commenting on the project. Councilman P. Przybylinski asked to be added as a sponsor to the proposed resolution. President D. Przybylinski asked Clerk Neulieb to add Councilman P. Przybylinski to the proposed resolution. Shannon Eason, Assistant Park Superintendent and also the Treasurer of the M.C. Public Art Committee advised the Council they have received another $4,200.00 donation. Ms. Kathy Dennis, 30 Tryon Farm Lane, addressed the Council representing the M.C. Public Art Committee stating they have an opportunity to get a matching grant; explaining the grant is due on December 6, 2019 and they have to have a guarantee of the matching funds in hand; advising they are here tonight in the hopes that the Council will vote to join/partner with them in this really exciting opportunity. Ms. Dennis and Ms. Eason presented a PowerPoint presentation on the proposed project to the Council. (note: a copy of the PowerPoint presentation is on file in the Clerk’s Office) Ms. Eason explained the Michigan City Park Department will be writing the grant because the M.C. Public Art Committee is not a legal entity that can actually apply as they need to have a Board; commenting that the M.C. Public Art Committee is also a partner; commenting on all the supporters/partners and the roles they play in regard to the proposed project. Ms. Dennis commented on the funding for the project and how they have reached out to the community for private donations, so they would not have to come to the Council asking for the full amount for this piece of art; asking for the Council’s support for this matching funding; continuing to comment on the funding for the project and the art piece itself. Councilman Fitzpatrick asked where the perspective locations for the piece would be. Ms. Dennis explained about the Master Plan that was created for the M.C. Public Art Committee and there are two (2) major gateways in Michigan City – 1) the juncture of 421 & 94 and 2) Hwy 12/Michigan Boulevard along/past the outlet mall and City Hall; further commenting they are hoping to find a location at one of these major gateways. Councilman Fitzpatrick asked how long this process has taken to get to where they are today, and why wasn’t the City involved in the planning/discussion from the beginning. Page 6 December 3, 2019 Ms. Eason advised the Committee has been working on a gateway sculpture for almost a year as it is one of the major goals of their Master Plan; explaining during this year long process they came upon a grant about 8-10 weeks ago; continuing to explain the grant from the Indiana Office of Tourism Development; commenting on the specifications of the grant; stating they jumped on it as an opportunity to bring $50,000.00 to the project so they would not have to come to the Council for the full amount, which is why this is kind of last hour; commenting on their attempt to get Redevelopment Commission funding, but they did not get the votes to get the match funding and without the commitment of the match funding of $45,000.00 they cannot apply for the grant. Councilman Bietry commented on the great presentation and how the numbers/dollars don’t match with the last-minute donations; commenting on the private donations and the use of those dollars. Ms. Eason explained the in-kind services and the last-minute addition of lighting for the project and how the extra donations will be used along with the total project costs. Discussion ensued between Councilman Bietry, Ms. Eason and Ms. Dennis regarding the private donations and the amount specified in the Resolution being “up to” $45,000.00. Ms. Eason explained how the matching funding for the proposed grant/project would be utilized and how after submission of the grant the M.C. Public Art Commission would be before the Council for an Additional Appropriation for the “$45,000.00” or less depending on how the private donations grow. President D. Przybylinski asked how much the Michigan City Area Schools donated towards this project. Ms. Dennis explained they are donating their support of the project; explaining the financial supporters were listed on the PowerPoint and the others are letters of support for the grant submission. President D. Przybylinski asked if there were any other questions or comments from Council members for the presenters. Councilman P. Przybylinski “thanked” the M.C. Public Art Committee for looking at doing something like this to honor the heritage; commenting on the Scouts in the audience who are now in the “Order of the Arrow”; further commenting on what that means; asking the M.C. Public Art Committee to reach out to the Scouting Groups in the area to include them in this project; continuing to comment on the matter and his support of the project; also asking if there has been any discussion with the Pottawattamie about being present for the dedication ceremony? Ms. Dennis stated “absolutely”; continuing that the M.C. Public Art Committee drove up to Dowagiac Michigan and met with Marcus Winchester, who is their Director of Culture and Education, and they have been very instrumental in guiding the committee with the project; continuing to comment on the matter, and providing background on the Indian Tribes who lived in Indiana. Ms. Eason commented on the location of the sculpture; explaining they are focusing on the Michigan Boulevard/Hwy 12 intersection area as that is where the original trails went through; commenting on the Indian Trails in this area and the Singing Sands Trail project. Councilman P. Przybylinski asked about the placement of the sculpture in a predominate area and if land would need to be purchased for this? Ms. Eason stated they are looking at both options; explaining it would be easy to place the sculpture on city property, but there are a lot of utilities and things in the way; commenting that Haas & Associates will be helping the M.C. Public Art Committee with site selection, and there are INDOT rules to follow; further commenting on the matter. Page 7 December 3, 2019 President P. Przybylinski commented on the cost of the art and the rental of sculptures throughout Michigan City and how they compare. Ms. Eason commented on the first Sculptfusion project and the leasing of the art; continuing to comment on the Gateway pieces, which is the next step in their Master Plan, and the U R Beautiful Sculpture; explaining the art committee budget is $22,700.00 per year and is used to keep the Sculptfusion project going, which is why they have no money for capital purchases and are before the Council for funding along with private donations; explaining they are commissioned by the City to do this, but have not been given a Capital Budget to fulfill the goals. Discussion continued between President D. Przybylinski and Ms. Eason regarding the projects and renting versus owning. Ms. Dennis commented on the native American artist who will be making the sculpture, Jason Quigno. President D. Przybylinski asked if there were any other questions or comments by Council members; there was no response. President D. Przybylinski asked if there was anyone from the public who wished to comment on the proposed resolution. Frank Anscombe, 115 Warren Street, addressed the Council and public stating he would like to donate $1,000.00 to the project; presenting background on himself and the Indian tribes who inhabited this region of Northwest Indiana before they were relocated; commenting on how Michigan City got it’s name from the Michigan Road that went from Madison Indiana down along the Ohio River and back up to where Michigan City is, which was established in 1830 and was the first settlement along the Hoosier Coast; continuing to comment on the history of the Indian’s and the Michigan City area. President D. Przybylinski asked if there was anyone else from the public who wished to comment on the proposed resolution; there was no response. President D. Przybylinski asked if there were any Council comments. Councilman Bietry made the motion to approve the proposed resolution; second by Councilman P. Przybylinski. Councilman Dabney asked if the Council was going to change the language of the proposed resolution to read not in the amount of $45,000.00 but up to $45,000.00. Councilman Bietry commented on his initial concern of the amount up to $45,000.00, but believes the $45,000.00 is fine, which will allow for possibly more lighting or amenities for the sculpture and is comfortable with the language as it is. President D. Przybylinski commented that the language reads “and commits to funding the remainder of the local match in the amount of $45,000.00”, which he believes is pretty clear. President D. Przybylinski asked if there were any other comments from the Council; there was no response and the resolution was adopted by the following vote: AYES: Council member D. Przybylinski, P. Przybylinski, Stimley, Bietry, Dabney, and Carnes (6). NAYS: Fitzpatrick, Hamilton and Simmons (3). ORDINANCE The Clerk read the following proposed ordinance on 2nd reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND TO PAY FOR EMPLOYEE BENEFITS (SICK DAY SELL BACK, LONGEVITY, AND VACATION BONUS) FOR VARIOUS CITY DEPARTMENTS Page 8 December 3, 2019 Introduced by: Don Przybylinski Tim Bietry (INCREASE ACCOUNT - 2042.102.413.017 Salaries & Wages (Clerk vacation bonus 2013-2018) $ 7,757.47 INCREASE ACCOUNT 2042.000.413.001 FICA (Clerk-vacation bonus 2013-2019) $ 593.45 INCREASE ACCOUNT - 2042.000.413.003 PERF (Clerk-vacation bonus 2013-2019) $ 1,101.56 INCREASE ACCOUNT - 2042.103.413.015 Salaries & Wages (Mayor-sick day sell back 2019) $ 3,628.80 INCREASE ACCOUNT - 2042.000.413.001 FICA (Mayor-sick day sell back 2019) $ 277.60 INCREASE ACCOUNT - 2042.000.413.003 PERF (Mayor-sick day sell back 2019) $ 515.29 INCREASE ACCOUNT - 2042.103.413.017 Salaries & Wages (Mayor-vacation bonus 2013-2018) $ 5,655.63 INCREASE ACCOUNT - 2042.000.413.001 FICA (Mayor-vacation bonus 2013-2018) $ 432.66 INCREASE ACCOUNT - 2042.000.413.003 PERF (Mayor-vacation bonus 2013-2018) $ 803.10 INCREASE ACCOUNT - 2042.000.413.017 Salaries & Wages (Promise-vacation bonus 2019) $ 1,039.82 INCREASE ACCOUNT - 2042.000.413.001 FICA (Promise-vacation bonus 2019) $ 79.55 INCREASE ACCOUNT - 42.000.413.003 PERF (Promise-vacation bonus 2019) $ 147.65 INCREASE ACCOUNT - 2.000.413.016 Salaries & Wages (Promise-longevity 2019) $ 450.00 INCREASE ACCOUNT - 2042.000.413.001 FICA (Promise-longevity 2019) $ 34.43 INCREASE ACCOUNT - 2042.000.413.003 PERF (Promise-longevity 2019) $ 63.90 NCREASE ACCOUNT - 2042.115.413.017 Salaries & Wages (Human Rights-vacation bonus 2018-2019) $ 731.01 INCREASE ACCOUNT - 2042.000.413.001 FICA (Human Rights-vacation bonus 2018-2019) $ 55.92 INCREASE ACCOUNT - 2042.000.413.003 PERF (Human Rights-vacation bonus 2018-2019) $ 103.80 INCREASE ACCOUNT: 2042.105.413.017 Salaries & Wages (Event Coordinator-vacation bonus 2019) $ 454.62 INCREASE ACCOUNT - 2042.000.413.001 FICA (Event Coordinator-vacation bonus 2019) $34.78 INCREASE ACCOUNT - 2042.000.413.003 PERF (Event Coordinator-vacation bonus 2019) $ 64.56) President D. Przybylinski asked if the authors had anything to add at this time; there was no response. President D. Przybylinski stated this evening there will be a Forma Public Hearing on the proposed ordinance; repeating three (3x) times, is there anyone from the public who wished to comment on the proposed ordinance; there was no response and the Formal Public Hearing was closed. President D. Przybylinski asked if there were any Council comments. Councilman P. Przybylinski reiterated from the last Council meeting that there should be some kind of penalty involved with this; commenting that he spoke with one of the sponsors of the proposed ordinance and explained his position; commenting on the explanation of how this got here; asking the authors if they would consider TABLING this to the next meeting, so that he can talk to the Mayor and Corporate Counsel about some kind of percentage/penalty in addition to the stated amounts for these employees who have waited many years to be paid these benefits; commenting on the decision to deny them payment and how this should be handled now. Councilman P. Przybylinski made the motion to TABLE the proposed ordinance until the next meeting; explaining the Council cannot add money to the additional appropriation, so he wants to speak to the Mayor and City Controller about adding 1% or 2%. The motion was second by Councilman Fitzpatrick. President D. Przybylinski stated there is a motion to TABLE the proposed ordinance by Councilman P. Przybylinski to the next Council meeting; second by Councilman Fitzpatrick. The motion to TABLE the proposed ordinance until December 17, 2019 was approved by the following vote: AYES: Council members Hamilton, D. Przybylinski, P. Przybylinski, Simmons, Dabney and Fitzpatrick (6). NAYS: Stimley, Bietry and Carnes (3). President D. Przybylinski stated the proposed ordinance will be TABLED until December 17, 2019; commenting that Councilman P. Przybylinski will come back with an explanation or an amended ordinance. Page 9 December 3, 2019 UNFINISHED BUSINESS President D. Przybylinski stated the Common Council has one appointment to the Veterans Commission due to the resignation of Natalee Stewart, term expires December 31, 2020; stating the floor was now open for nominations. Discussion ensued between Councilman P. Przybylinski and President D. Przybylinski regarding who completed the Board & Commission form. President D. Przybylinski explained Ms. Connie Anderson was the only person who turn in a Board & Commission form and met the Council’s deadline. Councilman P. Przybylinski nominated Ms. Connie Anderson; second by Councilman Dabney. President D. Przybylinski stated there has been a nomination of Ms. Connie Anderson by Councilman P. Przybylinski; second by Councilman Dabney; asking if there were any other nominations; there was no response and nominations were closed for the Veterans Commission. President D. Przybylinski asked the Council as there were no other nominations if they would like to go ahead and vote this evening; there was no response; asking all those in favor of Ms. Connie Anderson being on the Veterans Commission to signify by saying “AYE”; all responded “AYE”; asking if there were any opposed; there was no response; advising Ms. Connie Anderson is the Council’s appointment to the Veterans Commission. President D. Przybylinski stated the Common Council has one (1) appointment to the Michigan City Commission for Women – term expires: December 21, 2019 – Incumbent: Ms. Casaundra “Kay” Hill; asking if there were any nominations for this position. Clerk Neulieb advised the Clerk’s Office did not received any Board & Commission forms for this appointment. President D. Przybylinski stated the Common Council has two (2) appointments to the Michigan City Redevelopment Commission – term expires: December 31, 2019 – Incumbents: Mr. John Sheets and Mr. Pat Kowalski; advising there are three (3) applications in right now for Mr. John Sheets, Mr. Pat Kowalski and Ms. Kathy Dennis; asking what the Council’s pleasure was. Councilman Simmons nominated Kathy Dennis; second by Councilman Bietry. Councilman Hamilton nominated John Sheets and Pat Kowalski; second by President D. Przybylinski. Council Attorney James Meyer stated the nominations need to be one at a time. Councilman Hamilton nominated John Sheets; second by President D. Przybylinski. Councilman Hamilton nominated Pat Kowalski; second by Councilman P. Przybylinski. Councilwoman Carnes called a “Point of Order”; advising Mr. Kowalski did not have a complete application filled out; stating it was missing two (2) items on it; explaining the Council’s rules state that in order to be eligible for nominations there must be a completed candidate form filed in the Clerk’s Office by noon of the Thursday before the next meeting. Page 10 December 3, 2019 President D. Przybylinski asked Council Attorney Meyer to comment on what is considered completed and what is not considered completed. Attorney Meyer stated it was up to the Council as it is their form/rules; commenting this is not a legal requirement, this is a requirement proposed by the Council, so it’s up to the Council to decide what needs to be in the form, which to some extent anyway was done at the time the Council approved the form. Councilman P. Przybylinski asked Attorney Meyer if by State Statute the Redevelopment Commission has a requirement/proportion of the Board to be Democratic or Republican? Attorney Meyer stated “no it does not”. Councilman P. Przybylinski stated with that being said he wanted to make a point to the Council that if the individual being considered is a Republican or Democrat is mute, it doesn’t because the State Statute does not require this. Councilwoman Carnes stated that she would further point out that the briefly describe special interests is also blank, and furthermore it was required for the Urban Enterprise Association; commenting that on February 22, 2018 Councilman Don Przybylinski asked a nominee to provide information relative to whether they were a member of the Republican or Democrat party; advising she had an email to that effect; continuing that the Board & Commission form was submitted and the Deputy Clerk sent an email to the person who submitted the form asking them to denote if they were a Democrat or Republican - reading the email to the Council; continuing that a precedent has been set and even if the Board/Commission does not require two parties on the Board/Commission that the Council has required it in the past. Councilman P. Przybylinski stated that State Law takes precedence over anything; further commenting on the matter of declaring a political party for the purpose of Boards & Commissions; and commenting on the “special interest” portion of the form as Mr. Kowalski has been the Council’s appointment for the past year; further commenting on the designation of political parties as it pertains to the Redevelopment Commission. Councilman Dabney commented this was discussed last year when the Council was doing nominations for the Redevelopment Commission, and found they could appointment Council members, as they have no voting Council members on that commission; asking if the Council members would also need to complete one of these forms?; commenting on the new Council members and the need to have a Council member be a voting member on the Redevelopment Commission; continuing to comment on Councilman Stimley being able to attend meetings, but not being able to vote. Discussion ensued between President D. Przybylinski and Attorney Meyer regarding Council members filling out Board & Commission forms. Attorney Meyer stated it was up to the Council to decide what it requires and to the best of his knowledge over the past ten (10) years no one from the Council has every requested to be appointed to a Board or Commission, so he didn’t believe the issue ever came up before; stating the Council could take a vote and whatever the majority is in reference to whether the Council member is required to fill out one of the Board & Commission forms, he thinks would be binding. Councilwoman Carnes commented on the section in the Municipal Code, which presumably was voted on that states a number of things and one of them is that this form has to be filled out; and the Council has denied people the chance to be nominated because they did not fill out the Board/Commission form; stating she would think if a City Council person wanted to be on the Board they would have filled out a Board/Commission form; further commenting the Council also further states in their rules that there is a time frame on when all this has to be completed and that was last Thursday; continuing that unless someone wants to suspend the rules, she thinks they have to go by what they have in the Municipal Code. Page 11 December 3, 2019 Councilman Stimley commented that he feels this is just a political move to get Ms. Dennis in on the Redevelopment Commission. Clerk Neulieb commented that this last week was Thanksgiving and the Clerk’s Office did not have the deadline at noon on Thursday we actually had the deadline for the Council on Monday but were accepting anything for any of the Boards/Commissions until Wednesday; stating this was for the record. President D. Przybylinski commented on Councilwoman Carnes statement about what transpired in 2018 regarding his request that the form be completed properly; commenting on other forms that have come through since that time haven’t been filled out properly; stating he does not examine every form to make sure that everything is filled out; further commenting on Mr. Kowalski and his interest in the Redevelopment Commission as he has been the Council’s appointment for the past year; continuing to comment on the matter and that Mr. Kowalski has done a great job; further commenting on the matter. Councilman P. Przybylinski commented on the form; reading the following from the from “Some boards require a specific mix of Republican and Democrat members. Please check one:”; commenting that he would not be able to vote on any of these because he didn’t actually go over to Voter’s Registration and check their true voting history; further commenting that he wanted to remind the Council that there was an individual that was appointed but had voted Republican in the primary; continuing that if the Council is going to go that far then somebody should investigate their voting history before the Council even accepts any applications at this time. Councilman P. Przybylinski made the motion to TABLE nominations until the next meeting so they can check out their voting history. President D. Przybylinski stated there has been a motion to TABLE the nominations. Councilwoman Carnes called a “Point of Order”; advising the Council’s rules state – reading the following from the Municipal Code – two (2) meetings before the election meeting the President will announce that nominations will be accepted; #3- in order to be eligible they must be completed and in the Clerk’s office by 12:00 Noon before the next meeting, and it further states that before the final meeting of the Council in a calendar year the Clerk will produce a schedule of positions and that the vote is taken at the next meeting before the position becomes expired; stating she doesn’t think they can TABLE this. Councilman P. Przybylinski stated a motion to TABLE is always in order and is non- debatable; asking if there was a second; calling for a “Point of Order”. President D. Przybylinski stated Councilman P. Przybylinski is correct; explaining when a motion to TABLE is made then all other discussion stop’s and the vote is taken to TABLE; asking if there was a second to the motion. Councilman Fitzpatrick stated he would second the motion to TABLE. President D. Przybylinski stated Councilman Fitzpatrick second the motion to TABLE; asking Clerk Neulieb to take the vote. The motion to TABLE the nominations to the Redevelopment Commission until December 17, 2019 failed by the following vote: AYES: Council members D. Przybylinski, P. Przybylinski, Dabney and Fitzpatrick (4). NAYS: Simmons, Stimley, Bietry, Carnes and Hamilton (5). President D. Przybylinski commented that he would go back to his original statement as President concerning Mr. Pat Kowalski and the certain sections that were not filled out; stating he doesn’t believe it’s illegal that he didn’t fill them out; advising he would be moving on with the nomination and his application to the Council. Page 12 December 3, 2019 President D. Przybylinski stated to get everything back in order, Mr. John Sheets has been nominated and seconded; Ms. Kathy Dennis has been nominated and seconded; and Mr. Pat Kowalski has been nominated and seconded; advising those are the three (3) nominees for the Redevelopment Commission and they will vote on them at the next Council meeting. NEW BUSINESS President D. Przybylinski advised under New Business the Council has the Approval of the 2020 Council meeting dates; asking all those in favor to signify by saying “AYE”; all responded “AYE”; asking if there were any opposed; there was no response. Motion carried 9 – 0. President D. Przybylinski advised also under New Business the Council has the Approval of the 2020 Common Council Board appointment expiration dates, which were sent out by the City Clerk; asking all those in favor to signify by saying “AYE”; all responded “AYE”; asking if there were any opposed; there was no response. Motion carried 9 – 0. COMMENTS FROM THE PUBLIC President D. Przybylinski asked if there were any comments from the public; asking those who wanted to comment/address the Council on any matter to state their name and address for the record. Ms. Debra Smith, 701 Tilden Avenue, addressed the Council introducing herself as a new resident in Michigan City; asking about how the Boards & Commissions work, specifically the Redevelopment Authority and the Redevelopment Commission. President D. Przybylinski addressed Ms. Smith explaining those two (2) commissions are not redundant, they are two (2) separate commissions; advising she could speak to Attorney James Meyer. President D. Przybylinski asked if there were any other comments from the public. Gale Neulieb, City Clerk, addressed the Council regarding the TABLED Ordinance for the Additional Appropriation to pay for Employee Benefits (Sick Day Sell Back, Longevity and Vacation Bonus); advising she was just told by Attorney Meyer that if the Council TABLE’s this and the Council comes back asking for more money the process will have to start over; commenting that is fine with her, but up to the Council. Councilman P. Przybylinski stated since he has been assigned the task of talking to the Mayor about this, addressing the City Clerk, that he would be asking for second and third reading at the next Council meeting. Attorney James Meyer addressed the Council explaining if they increased the amount the Council will have to start this process over, because the Mayor then has to issue a new letter for the additional appropriation. Dalia Zygas, 106 Elmwood Drive, addressed the Council stating first she would like to commend the Council for passing the sculpture funding as she thinks this is a fantastic project; second she would like the Council to think about the Redevelopment Commission and think about all of the members being men, all of them have a very similar view point; and she would like to put a plug in for Kathy Dennis; asking the Council to think about that for their next meeting. President D. Przybylinski asked if there were any other comments from the general public this evening; there was no response and public comment was closed. Page 13 December 3, 2019 COMMENTS FROM THE COUNCIL President D. Przybylinski asked if there were any comments from the Council. Councilwoman Carnes commented that she is disappointed that the Council chooses to enforce their own rules selectively when it’s a person that is favored by certain members of the Council and then they can ignore their own rules, however, when a person back in February 2018 that she asked to apply to the Urban Enterprise Association was told that his form was incomplete and that he had to signify his party even though that was not required to be a member of the Urban Enterprise Association, so she is disappointed and thought they were a body that followed their own rules, but apparently that’s not the case anymore. Councilman Bietry commented on the discussion for the Redevelopment Commission appointment/application being so long; commenting on what was said by the City Clerk as to when the applications were accepted. Councilman Stimley commented on being the President of the Washington Park Zoological Society; stating that the Washington Park Zoo saw a record all-time high in attendance this year with more than 103,000 visitors going through the zoo gates in 2019; commenting that there was about 80% of them coming from out of town as our guests; further commenting that in 2020 it will be the zoo’s 92nd year in operation in Michigan City; explaining the Zoo along with the Society will continue to enhance programming, conservation, education and animal care; advising with around 200 animals, which many of them are rescue animals, they will continue to depend on their outreach programs and their Junior Zoo Board; stating they look forward to the upcoming year with the start of the expansion of the African Lion and Bangel Tiger Exhibits, with $300,000.00 coming from the City from their Capital Gain Improvement Fund for 2020, along with the Zoo and the Zoological Society raising over $300,000.00 for this expansion of the Big Cat Exhibit, along with Enrichment Funding, Grant Writing and private donations; commenting that this is basically unheard of for City government to raise for a building; explaining they couldn’t do this alone but with the help of everyone, including volunteers that advocate for the mission of the Washington Park Zoo with their time and hard work they are getting it done; stating they are looking forward to 2020 and continuing to break record attendance at the Washington Park Zoo. President D. Przybylinski asked if there were any other Council comments. Councilman P. Przybylinski thanked the members of troop #876 from Queen of all Saints, along with the adult leaders who volunteer all their time to make this happen; commending the young men that are in the program; advising them to try to excel as it is an achievable goal to reach “Eagle” status; commenting on the initiative on the Native American sculpture hoping the Art Commission does get the Scouting groups involved; continuing to comment that he wished the Scouts all the best; reiterating that he does “thank” the leaders for volunteering for this worth while cause; also asking when the Council/City did the Art Space project did the Redevelopment Commission put up $1,000,000.00 that was suppose to be repaid and was that money repaid to the Redevelopment Commission for the Warren Building?; asking did that transpire or was that just a give-away; further asking if the Redevelopment Commission give them some upfront money of $1,000,000.00? Discussion ensued between Councilman Bietry and Councilman P. Przybylinski regarding the Redevelopment Commission, and the purchase of the Warren Building. Councilman P. Przybylinski explained it was something to do with the building and that it was some kind of seed money, and was it supposed to be paid back?; also asking what year did that actually happen in? Councilman Bietry commented what Councilman P. Przybylinski could be eluding to was the purchase of the Warren Building from the previous owner; explaining that Art Space was going to buy the building, but they couldn’t buy the building until the Tax Page 14 December 3, 2019 Credits were granted and the owner wanted money up-front and Art Space didn’t have the money, so the Redevelopment Commission bought the building with the idea that Art Space would re-pay the money. Discussion ensued between Councilman Bietry and Councilman P. Przybylinski regarding the purchase of the building itself, and what year it happened. Councilman Simmons stated that he wanted to go back to the sculpture; explaining he is a supporter of the arts, however, in good conscience he could not support this when he has constituents asking for street lights and sidewalks - quality of life issues are his advocacy. 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 7:53 p.m.) ______________________________ Gale A. Neulieb