City Council

REGULAR MEETING – December 21, 2021 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, December 21, 2021 at the hour of 6:30 p.m., Hosted by “Hybrid/Zoom” and streamed live on “My Michigan City” Facebook Page. The meeting was called to order at 6:30 p.m. by Council President Michael Mack. Roll call was authorized, and the following were noted present and/or absent. PRESENT: COUNCIL MEMBERS Bryant Dabney, Sean Fitzpatrick, Michael Mack, Angie Nelson Deuitch, Paul Przybylinski, Gene Simmons, Dalia Zygas, and Don Przybylinski (8). ABSENT: Councilwoman Tillman (1). A QUORUM WAS NOTED PRESENT ALSO, PRESENT: Attorney Meyer, Gale Neulieb City Clerk and Dawn Debald Deputy Clerk APPROVAL OF MINUTES President Mack inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Council “Hybrid/Zoom” Meeting of December 7, 2021; there was no response. President Mack asked for a motion to approve the Regular Council “Zoom/Hybrid” meeting minutes of December 7, 2021 with a motion made by Councilman D. Przybylinski, second by Councilman P. Przybylinski and was approved by the following vote: AYES: Council members Zygas, P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski and Simmons (8). NAYS: None (0). REPORTS of STANDING COMMITTEES President Mack asked if there were any reports of standing committees. Councilman Don Przybylinski reported on the activities of Labor Relations committee meeting with the MCPD FOP negotiating team on Monday, December 20th and 21st, 2021 to discuss the Police (FOP) contracts and will be meeting again tomorrow Wednesday, December 22nd with the MCPD (FOP) Police. Councilman D. Przybylinski stated that he was proud and enthusiastic to say that the labor relations committee has a ratified contract with the Firefighters Local 475, Michigan City Indiana; thanking Local 475 negotiating team for their dedication and hard work on this contract and that the firefighters advised that they believe they received one of best contracts in many years. FINANCE REPORT President Mack asked if there was a finance committee meeting held. Councilman Fitzpatrick stated that the Finance Committee met on December 16, 2021. advising it was unanimous to approve the claims with a 2 – 0 vote. Page 2 December 21, 2021 Council P. Przybylinski stated that the EFT claims were for transfer that needed to be done before the end of the year; advising that the transfers were budgeted in the 2021 budget as follows: $80,000 transfer to Aviation, $100,000.00 to the Cemetery, $750,000.00 to the Park Department and $1,000,000.00 transfer to the “Rainy Day Fund”. CLAIMS DOCKET President Mack read the following claims for the record. December 21, 2021 Riverboat/Boyd Claim Docket Fund #2042 – Riverboat – Claims $ 00.00 EFT $ 1,930,000.00 Fund #2031 – Boyd – Claims- $ 00.00 TOTAL CLAIMS $ 1,930,000.00 A motion was made to approve the Riverboat/Boyd claims from December 21, 2021 by Councilman Dabney, second by Councilman P. Przybylinski. Councilman D. Przybylinski questioned the $750,000 transfer going to the Park Department’s operating fund that was approved in the 2020 budget; stating that he didn’t realize that they received that large of an amount each year, especially since this year’s revenue for parking was at the highest amount in years and so was the revenue at the golf course this season; stating that the council may want to review this in next year’s budget. The motion was approved by the following vote: AYES: Council members P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons and Zygas (8). NAYS: None (0). REPORTS OF SPECIAL or SELECT COMMITTEES President Mack asked if there were any reports of Special or Select Committees, there was no response. REPORTS of OTHER CITY OFFICERS AND DEPARTMENTS President Mack asked if there were any reports of Other Officers and Departments. Shannon Eason and Kathy Dennis members of the Michigan City Public Art Committee did their 2021 Annual report/presentation; highlighting many things they have accomplished this year. Councilman D. Przybylinski thanked Ms. Eason and Ms. Dennis for their presentation and that the Art Committee is an asset to our City doing a fantastic job and has enjoyed being their Liaison, thanking the entire committee for their hard work and dedication. PETITIONS President Mack asked if there were any petitions. Clerk Neulieb advised that there were no petitions this evening. Page 3 December 21, 2021 COMMUNICATIONS Clerk Neulieb read the following correspondence that was received. Correspondence was received in the Clerk’s Office on December 2, 2021 from the Indiana Department of Environmental Management FESOP Renewal – Indiana State Prison Correspondence was received in the Clerk’s Office on December 10, 2021 regarding an accident report received from Controller Hoffmaster for an accident that took place in a MCPD vehicle on December 9, 2021. Correspondence was received on December 13, 2021 from Chris Yagelski regarding City Hall utility bills for 2021. Correspondence was received in the Clerk’s Office on December 14, 2021 from Mr. Rodney McCormick addressing the Mayor’s request to resign from the Michigan City Housing Authority Board Councilman D. Przybylinski addressed the council regarding the correspondence that was received from Mr. Yagelski on December 13, 2021 regarding why the cost of utilities in City Hall for 2021 were so much higher than 2020. RESOLUTIONS The Clerk read the following resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4818 RESOLUTION NO. RECOGNIZING ATTORNEY JAMES MEYER FOR HIS COMMITMENT AND SERVICE TO THE MICHIGAN CITY COMMON COUNCIL WHEREAS, Attorney James Meyer has been representing the Michigan City Common Council since 2007, and at the conclusion of the calendar year 2021, his representation will come to a close; and WHEREAS, Attorney James Meyer has always performed his duties and represented the Common Council with the utmost dedication for the best interest of the Council and the City and residents herein and has always conducted himself with professionalism in the process; and WHEREAS, we wish to thank Attorney James Meyer for his years of service and recognize his dedicated representation of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Michigan City Common Council that the City of Michigan City, Indiana hereby recognizes, commends, and thanks Attorney James Meyer for his dedicated representation of the Michigan City Common Council and service to the City of Michigan City, Indiana. 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/ Michael Mack, President /s/ Gene Simmons, Member /s/ Bryant Dabney, Member /s/ Paul Przybylinski, Member Page 4 December 21, 2021 /s/ Sean Fitzpatrick, Member /s/ Tracie Tillman, Member /s/ Dalia Zygas, Member /s/Angie Nelson Deuitch, Member /s/ Don Przybylinski, Member Passed by the Common Council of the City of Michigan City, Indiana, this 21st day of December 2021. /s/ Michael Mack, President Michigan City Common Council President Mack asked if there were any comments from any of the authors at this time. Councilman P. Przybylinski made a motion to suspend the 96-hour rule, due to the proposed resolution not being received in the Clerk’s Office prior to the deadline of tonight’s meeting, second by Councilwoman Nelson Deuitch. The motion was approved by the following vote: AYES: Council members Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Zygas and P. Przybylinski (8). NAYS: None (0). Council members, P. Przybylinski, Fitzpatrick, Simmons, Deuitch, Zygas, D. Przybylinski, Dabney and President Mack thanked Attorney Meyer for everything he has done over the last fourteen years, that it has been a pleasure working with him for his humor, true professionalism, depth of knowledge, dedication, experience, being there for the entire council 24/7, and wishing him well in his endeavors. Attorney Meyer thanked the Council for their kinds words and that it has been an honor to represent the Council not only this Council but previous ones as well. Clerk Neulieb wished Attorney Meyer well in his endeavors and that we have worked together for many years for several different Councils; stating that it has been an honor to work with him and that he will be missed. President Mack asked if there were any comments from the public. Tommy Kulavik, 1316 Ohio Street wish Attorney Meyer a happy retirement thanking him for his dedication and service for our city. President Mack asked for a motion. Councilman P. Przybylinski made a motion to adopt the proposed resolution, second by Councilwoman Nelson Deuitch. The motion was approved by the following vote: AYES: Council members Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski and Dabney (8). NAYS: None (0). The Clerk read the following proposed resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION 4819 A RESOLUTION INCREASING AND DECREASING CERTAIN APPROPRIATIONS WITHIN THE BUDGET OF THE MC TRANSIT DEPARTMENT OF THE GENERAL FUND #1001 FOR THE YEAR 2021, IN MICHIGAN CITY, INDIANA Page 5 December 21, 2021 WHEREAS, there exists certain circumstances within the budget of the MC Transit 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 2021. 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 MC Transit Department of the General Fund of the City, the Common Council approves the following transfer of appropriations, as listed, to-wit: MC TRANSIT DEPARTMENT OF THE GENERAL FUND #1001 DECREASE: A/C #1001.113.413.005 Employer’s Share Health Expense $14,000.00 A/C #1001.113.436.020 Repair and Maintenance Equipment $10,000.00 A/C #1001.113.439.090 Other Contractual Services $ 2,500.00 INCREASE: A/C #1001.113.422.021 Operating Supplies Gasoline $ 500.00 A/C #1001.113.422.023 Operating Supplies Tires and Tubes $ 1,500.00 A/C #1001.113.422.026 Operating Supplies Diesel Fuel $24,500.00 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/ Bryant Dabney, Member Michigan City Common Council President Mack asked if the author had anything to add this evening. Councilman Dabney stated that all that is being done is transferring funds within the Transit department from one fund to another. President Mack asked if there were any comments from the public, there was no response. President Mack asked if there were any comments from the Council. Councilman D. Przybylinski made a motion to adopt the proposed resolution, second by Councilman Dabney. The motion was approved by the following vote: AYES: Council members Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Dabney and Fitzpatrick (8). NAYS: None (0). The Clerk read the following proposed resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4820 AMENDING RESOLUTION #4813 TO COMPLY WITH THE STATE BOARD OF ACCOUNTS DIRECTIVE 2021-3 REGARDING “PREMIUM PAY” UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) Page 6 December 21, 2021 WHEREAS, on September 21, 2021, the Michigan City Common Council enacted and on September 22, 2021 the Mayor signed Resolution #4813 entitled “Stating the Initial Plan for Uses of a Portion of the First Tranche of the City of Michigan City’s Allotment of Local Fiscal Recovery Funds Through the American Rescue Plan Act;” and WHEREAS, Section 4 of Resolution #4813 set forth the following provisions for “premium pay” for City employees: “Section 4. One (1)-Time pay for Eligible City Employees. It is the intent of the Administration that funds from the first tranche of the American Rescue Plan Act be prioritized and expended to provide premium pay or retention bonus as a one-time bonus to all eligible employees who worked a minimum of thirty days between March 20, 2020, and July 31, 2021 as follows: A. This will include all City employees, Sanitary District employees, Port Authority and Water Department employees for a total not to exceed $1,650,000. All seasonal and former employees are eligible on a pro-rated basis. B. A one-time bonus will be paid to eligible employees in three (3) categories. a. Seasonal - $500 Retention Pay b. Municipal Essential Workers - $2500 Retention Pay c. ARPA Final Ruling defined Premium Pay Essential Workers in Fire, Police, Refuse and Transit. - $5000 Premium Pay C. Funds for the expenditure will be taken from Fund 0176 — ARP Coronavirus Local Fiscal Recovery Fund as established with Ordinance 4579 and appropriated by the Common Council;” WHEREAS, following the passage of Resolution #4813, the Indiana State Board of Accounts (SBOA) Issued Directive #2021-3 to prescribe audit procedures and expectations related to the provisions of “premium pay” under the American Rescue Plan Act (ARPA); and WHEREAS, as a result of the aforementioned SBOA directive, the need exists to amend Section 4 of Resolution #4813. NOW, THEREFORE BE IT RESOLVED BY THE MICHIGAN CITY, INDIANA COMMON COUNCIL AS FOLLOWS: 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 2. Section 4 of Resolution #4813 is hereby amended to now read as follows: Section 4. Premium Pay for Eligible Employees. It is the intent of the Administration that funds from the first tranche of the American Rescue Plan Act be prioritized and expended to provide premium pay to all eligible employees who worked for a period greater than 30 days between March 22, 2020 and July 24, 2021. A. This will include City employees, Sanitary District employees, Port Authority employees and Water Department employees for a total not to exceed $1,650,000. All seasonal and former employees are eligible if they were employed by City between March 22, 2020 and July 24, 2021. a. Seasonal Employees will receive $5.00 per hour worked during the specified period up to a maximum amount of $500. b. Essential Worker will receive $2.75 per hour worked during the specified period up to a max of $2,500. Page 7 December 21, 2021 c. Front-Line Essential Workers (Firefighters, Police Officers, Transit workers, and Refuse workers) will receive $3.75 per hour worked during the specified period up to a max of $5,000. B. Funds for the expenditures will be taken from Fund 0176 – Coronavirus Local Fiscal Recovery Fund as established by Ordinance 4579 and appropriated by the Common Council. 3. All other provisions of Resolution #4813 not in conflict herewith shall remain in full force and effect. 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/ Angie Nelson Deuitch, Member Michigan City Common Council /s/ Paul Przybylinski, Member Michigan City Common Council /s/ Don Przybylinski, Member Michigan City Common Council /s/ Bryant Dabney, Member Michigan City Common Council President Mack asked if any of the authors had anything to add this evening. Councilwoman Deuitch stated that the State Board of Accounts had a directive that talked about specifically being audited about the compliance for the premium pay that we passed two months ago; advising it had to be based on hourly wages and couldn’t exceed $13.00 per hour and that the only two items that we had to deal with were elected officials which was not called out in any documentation and this proposed resolution corrects what we did to make sure we had the appropriate calculations for premium pay. Councilman P. Przybylinski agreed with Councilwoman Deuitch’s comments and that the proposed resolution will resolve any issues that have come up since the money was dispersed. Councilman Dabney stated that the “Premium Pay” were made a couple months ago and not receiving the directive until December 1, 2021 letting the City know what needed to be corrected. President Mack asked if there were any other comments from any of the authors, there was no response. President Mack asked if there were any comments from the public, there was no response. President Mack asked if there were any comments from the Council. Councilwoman Deuitch stated that she wanted to share with the public that when they were originally working on the “premium pay” Controller Hoffmaster was doing it hourly as well, so she had everything when the resolution and ordinance was proposed; with this directive affecting many cities not just ours. Councilman P. Przybylinski made a motion to adopt the proposed resolution, second by Councilwoman Nelson Deuitch. Page 8 December 21, 2021 The proposed resolution was adopted by the following vote: AYES: Council members Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Dabney, Fitzpatrick, and Mack (8). NAYS: None (0). Clerk Neulieb read the following proposed resolution by title only, APPROVING AND AUTHORIZING THE 2022-2024 UNION CONTRACT BETWEEN THE MICHIGAN CITY FIREFIGHTERS LOCAL #475 AND THE CITY OF MICHIGAN CITY, INDIANA Introduced by: Don Przybylinski Paul Przybylinski Bryant Dabney Councilman D. Przybylinski read the proposed resolution in its entirety. MICHIGAN CITY COMMON COUNCIL RESOLUTION 4821 APPROVING AND AUTHORIZING THE 2022-2024 UNION CONTRACT BETWEEN THE MICHIGAN CITY FIREFIGHTERS LOCAL #475 AND THE CITY OF MICHIGAN CITY, INDIANA WHEREAS, there is a labor agreement currently in effect between the Michigan City Firefighters Local #475 and the City of Michigan City; and WHEREAS, pursuant to I.C. 36-8-3-3, the Common Council is vested with the authority of establishing the compensation for members in the Michigan City Fire Department; and WHEREAS, there have been successful negotiations between the Labor Relations Committee of the Common Council, the Board of Public Works & Safety, and the Michigan City Firefighters Local #475 to formulate certain changes and modifications in wages and language to the labor relations contract all of which have been incorporated into the contract which is attached hereto as “Exhibit A;” and WHEREAS, the Michigan City Firefighters Local #475 have advised the Labor Relations Committee that their union voted to accept the 2022-2024 contract attached hereto as “Exhibit A;” and WHEREAS, the Labor Relations Committee recommends that the Common Council approve and authorize the 2022-2024 contract attached hereto as “Exhibit A.” NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Michigan City, La Porte County, Indiana as follows: (1.) The aforementioned “whereas” paragraphs are hereby incorporated as though fully set forth in these resolving clauses. (2.) The Common Council hereby approves the financial terms of the 2022-2024 Union Contract between the Michigan City Firefighters Local #475 and the City of Michigan City, Indiana, which is attached hereto as “Exhibit A.” 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, Member Michigan City Common Council /s/ Paul Przybylinski, Member Michigan City Common Council /s/ Bryant Dabney, Member Michigan City Common Council Page 9 December 21, 2021 Note: EXHIBIT “A” is filed in with this resolution CR-103 and crossed filed in BA-83 President Mack asked if any of the authors had anything to add. Councilman P. Przybylinski stated that he believes in the collective bargaining process and this experience for himself was tedious and that this is a good contract for the fire department and that both parties met in the middle of road, making a package/agreement that would inspire people to stay and inspire people to come here; thanking everyone that was on the negotiating team for their hard work and dedication on this contract. Councilman Dabney concurred with Councilmen P. Przybylinski and D. Przybylinski in regard to this contract and get this finalized, we really came into this whole ordeal just so you know basically trying to give our fire department what we can without breaking the budget. President Mack asked if there were any comments from the public. Andrew Knouse, Michigan City Fire department negotiating team member, thanked the council negotiating team for everything they did in these negotiations, that I know they did a lot of research, wanting to thank Controller Hoffmaster, Attorney Lapaich, and Personnel Director Andrea Smith for their hard work and dedication to the MCFD Local 475 Contract. President Mack asked if there were any other public comments, there was no response. President Mack asked if there were any comments from the Council. Councilman D. Przybylinski made a motion to approve the proposed resolution, second by Councilman P. Przybylinski. The proposed resolution was adopted by the following vote: AYES: Council members D. Przybylinski, Simmons, Zygas, P. Przybylinski, Dabney, Fitzpatrick, Mack and Deuitch (8). NAYS: None (0). The Clerk read the following proposed resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4822 REQUESTING MAYOR TO SUBMIT A REQUEST FOR AN ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND TO PROVIDE FUNDING FOR SIDEWALKS 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 2022 Annual Budget to provide funding for sidewalks for 2022, and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Riverboat Fund #2042 to be appropriated for that purpose. NOW, THEREFORE, the Common Council of the City of Michigan City requests that the Mayor forward a request to the Common Council to approve an additional appropriation of $100,000 from the Riverboat Fund #2942 Unappropriated Balance into Account #2042 114 443.031-Capital Outlay – Streets – Sidewalks. This Resolution to be effective upon passage by the Council and approval by the Mayor. Page 10 December 21, 2021 INTRODUCED BY: /s/Paul Przybylinski, Member Michigan City Common Council President Mack asked if the author had anything to add at this time. Councilman P. Przybylinski stated that the proposed resolution is self-explanatory and that he didn’t want to wait until next years budget cycle to bring this forward, that we need to get money appropriated as soon as possible so the City Engineer can identify those sidewalks and to get this program going. President Mack asked if there were any comments from the public, there was no response. President Mack asked if there were any comments from the Council. Councilman P. Przybylinski made a motion to adopt the proposed ordinance, second by Councilwoman Nelson Deuitch. The proposed resolution was adopted by the following vote: AYES: Council members Simmons, Zygas, P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch and D. Przybylinski (8). NAYS: None (0). The Clerk read the following proposed ordinance on first reading by title only, AMENDING ORDINANCES #4549, #4555, AND #4556 COMMONLY KNOWN AS THE “2021 SALARY ORDINANCE FOR APPOINTED OFFICIALS AND EMPLOYEES,” “2021 FIRE SALARY ORDINANCE,” AND THE “2021 POLICE SALARY ORDINANCE” TO COMPLY WITH STATE BOARD OF ACCOUNTS DIRECTIVE, #2021-3 REGARDING “PREMIUM PAY” UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) Introduced by: Angie Nelson Deuitch Paul Przybylinski Don Przybylinski Bryant Dabney President Mack asked if any of the authors had anything to add. Attorney Meyer advised Councilwoman Nelson Deuitch that it isn’t necessary to have a formal public hearing regarding this proposed ordinance that these need to be filed before the end of the year; advising that someone would need to make a motion to declare this an emergency to have all three readings this evening. Councilwoman Deuitch made a motion to declare an emergency to do all three readings this evening, second by Councilman P. Przybylinski. The motion to have all three readings this evening was approved by the following vote: AYES: Council members Zygas, P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski and Simmons (8). NAYS: None (0). President Mack asked if there were any comments from the public, there was no response. President Mack asked if there were any comments from the Council at this time, there was no response. President Mack asked the Clerk to read the proposed ordinance on second reading by title only AMENDING ORDINANCES #4549, #4555, AND #4556 COMMONLY KNOWN AS THE “2021 SALARY ORDINANCE FOR APPOINTED OFFICIALS AND EMPLOYEES,” “2021 FIRE SALARY ORDINANCE,” AND THE “2021 POLICE Page 11 December 21, 2021 SALARY ORDINANCE” TO COMPLY WITH STATE BOARD OF ACCOUNTS DIRECTIVE, #2021-3 REGARDING “PREMIUM PAY” UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) Introduced by: Angie Nelson Deuitch Paul Przybylinski Don Przybylinski Bryant Dabney President Mack asked if the author had anything to add this evening; there was no response. President Mack asked if there were any comment from the public, there was no response. President Mack asked if there were any comments from the Council, there was no response. President Mack asked the Clerk to read the proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4610 AMENDING ORDINANCES #4549, #4555, AND #4556 COMMONLY KNOWN AS THE “2021 SALARY ORDINANCE FOR APPOINTED OFFICIALS AND EMPLOYEES,” “2021 FIRE SALARY ORDINANCE,” AND THE “2021 POLICE SALARY ORDINANCE” TO COMPLY WTH STATE BOARD OF ACCOUNTS DIRECTIVE #2021-3 REGARDING “PREMIUM PAY” UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) WHEREAS, for purposes of setting forth the 2021 salaries and wages of City employees and appointed officials, the following Ordinances were adopted: a. On October 20, 2020, the Michigan City Common Council enacted and on October 26, 2020 the Mayor signed Ordinance No. 4549, which established the salaries and wages for appointed officials and employees for the year 2021 (“2021 Salary Ordinance”); and b. On October 20, 2020, the Michigan City Common Council enacted and on October 23, 2020 the Mayor signed Ordinance No. 4555, which established the salaries for members of the Fire Department for the year 2021 (“2021 Fire Salary Ordinance”); and c. On October 20, 2020, the Michigan City Common Council enacted and on October 23, 2020 the Mayor signed Ordinance No. 4556, which established the salaries for members of the Police Department for the year 2021 (“2021 Police Salary Ordinance”); and WHEREAS, on September 21, 2021, the Michigan City Common Council enacted and on September 22, 2021 the Mayor signed Resolution #4813 entitled “Stating the Initial Plan for Uses of a Portion of the First Tranche of the City of Michigan City’s Allotment of Local Fiscal Recovery Funds Through the American Rescue Plan Act;” and WHEREAS, Section 4 of Resolution #4813 established the following provisions for “premium pay” for City employees: “Section 4. One (1)-Time pay for Eligible City Employees. It is the intent of the Administration that funds from the first tranche of the American Rescue Plan Act be prioritized and expended to provide premium pay or retention bonus as a one-time Page 12 December 21, 2021 bonus to all eligible employees who worked a minimum of thirty days between March 20, 2020, and July 31, 2021 as follows: C. This will include all City employees, Sanitary District employees, Port Authority and Water Department employees for a total not to exceed $1,650,000. All seasonal and former employees are eligible on a pro-rated basis. D. A one-time bonus will be paid to eligible employees in three (3) categories. d. Seasonal - $500 Retention Pay e. Municipal Essential Workers - $2500 Retention Pay f. ARPA Final Ruling defined Premium Pay Essential Workers in Fire, Police, Refuse and Transit. - $5000 Premium Pay C. Funds for the expenditure will be taken from Fund 0176 — ARP Coronavirus Local Fiscal Recovery Fund as established with Ordinance 4579 and appropriated by the Common Council;” WHEREAS, following the passage of Resolution #4813, the Indiana State Board of Accounts (SBOA) Issued Directive #2021-3 to prescribe audit procedures and expectations related to the provisions of “premium pay” under the American Rescue Plan Act (ARPA); and WHEREAS, the desires to comply with the aforementioned SBOA Directive, and as a result thereof the need exists to amend Ordinance #4549 (2021 Salary Ordinance, Ordinance #4555 (2021 Fire Salary Ordinance), and Ordinance #4556 (2021 Police Salary Ordinance). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, LaPorte County, Indiana, as follows: 1. Ordinance No. 4549 (2021 Salary Ordinance) shall be amended as follows: Section 9 shall be added to Ordinance No. 4549 and shall read as follows: “Section 9. All appointed officials and employees will receive compensation in accordance with Resolution #4820 entitled “Amending Resolution #4813 to Comply with the State Board of Accounts Directive 2021-3 Regarding “Premium Pay” under the American Rescue Plan Act (ARPA).” 2. Ordinance No. 4555 (2021 Fire Salary Ordinance) shall be amended as follows: Section 3 shall be added to Ordinance No. 4555 and shall read as follows: “Section 3. All employees will receive compensation in accordance with Resolution #4820 entitled “Amending Resolution #4813 to Comply with the State Board of Accounts Directive 2021-3 Regarding “Premium Pay” under the American Rescue Plan Act (ARPA).” 3. Ordinance No. 4556 (2021 Police Salary Ordinance) shall be amended as follows: Section 3 shall be added to Ordinance No. 4556 and shall read as follows: “Section 3. All employees will receive compensation in accordance with Resolution #4820 entitled “Amending Resolution #4813 to Comply with the State Board of Accounts Directive 2021-3 Regarding “Premium Pay” under the American Rescue Plan Act (ARPA).” 4. All other provisions of Ordinance #4549 (2021 Salary Ordinance), Ordinance #4555 (2021 Fire Salary Ordinance), and Ordinance #4556 (2021 Police Salary Ordinance) not in conflict with this Ordinance shall remain in full force and effect. Page 13 December 21, 2021 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/ Angie Nelson Deuitch, Member Michigan City Common Council /s/ Paul Przybylinski, Member Michigan City Common Council /s/ Don Przybylinski, Member Michigan City Common Council /s/ Bryant Dabney, Member Michigan City Common Council President Mack asked if the authors had anything to add this evening; there was no response. President Mack asked if there were any comments from the public, there was no response. President Mack asked if there were any comments from the Council. Councilman Dabney made a motion to adopt the proposed ordinance, second by Councilwoman Deuitch. The motion to adopt the proposed ordinance was approved by the following vote: AYES: Council members Zygas, P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski and Simmons (8). NAYS: None (0). The Clerk read the following proposed ordinance on first reading by title only. PROHIBITING THE USE OF MVH FUNDS FOR CONSTRUCTING OR CAPITAL REPAIRS OF STREETS WITHIN THE BOUNDARIES OF CITY TIF DISTRICT Introduced by: Paul Przybylinski Councilman P. Przybylinski read the following proposed ordinance in its entirety. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. PROHIBITING THE USE OF MVH FUNDS FOR CONSTRUCTING OR CAPITAL REPAIRS OF STREETS WITHIN THE BOUNDARIES OF A CITY TIF DISTRICT WHEREAS, in the past, funds in the City’s Motor Vehicle Highway (MVH) Fund have been used to construct and repair streets within the boundaries of the City’s various tax increment finance (TIF) districts; and WHEREAS, based on PASER inspection and scoring results, it is evident that there are numerous streets in those parts of the City outside of the boundaries of the TIF districts that are in very poor and dilapidated condition; and WHEREAS, the Common Council finds that there are insufficient MVH funds available to repair or reconstruct all of those streets, including those within the TIF districts, within a reasonable period of time; and WHEREAS, under Indiana law, TIF funds can be used to fund constructing, reconstructing, or making other capital improvements to streets within the TIF districts’ Page 14 December 21, 2021 boundaries and the Common Council believes that it is in the best interests of the City and its citizens that TIF funds, and not MVH funds, be used for those purposes so that the MVH funds can be used for needed street repairs in the areas of the City outside of the TIF districts. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, that, other than to pay for contracts that have already been awarded based on use of MVH funds, no MVH funds shall be expended to pay for any capital repair, reconstruction, replacement, or construction of any street located within the boundaries of a TIF district without the prior express written approval of the Common Council for any such expenditure. This Ordinance to be effective upon passage by the Council and approval by the Mayor. INTRODUCED BY: ___ Paul Przybylinski, Member Councilman P. Przybylinski advised that this year the rate the City was going to receive was 20% less from our MVH funds stating that the City gets 1.5 million with $750,000 of this year’s monies will go to the Street Department and the other $750,000 would of gone for paving within our community but the Cleveland Ave project over exceed with $350,000 of the MVH funds went to that project and is why he is re-introducing this ordinance in a different form asking his colleagues to support it explaining several reason why he would like their support. President Mack asked if there were any comments from the public regarding the proposed ordinance. Tommy Kulavik, 1316 Ohio Street stated he feels it is long overdue that this Council proposes the wheel tax on residents with 100% of that money goes to road repairs. President Mack asked if there were any other comments from the public, there was no response. President Mack asked if there were any comments from the Council. Councilman Dabney stated that he understands the explanation that Councilman P. Przybylinski gave but disagrees with this in terms of not allowing the MVH funds to be used in the TIF district; that he was going to have a map this evening for a presentation to show the public the TIF district and the actual streets and neighborhoods that are in just the TIF district and have argued about before. Councilwoman Deuitch stated that the Cleveland Road project last year left a sour taste with the Council regarding how the project was handled and all agree that it was a lot of money spent and how the monies were divided up; stating that we might be able to receive some additional funds from the infrastructure bill over the next several years with that being an opportunity to review; that we need to work as a partnership and it that way we need to identify the worst streets throughout our city and get them repair/paved, versus putting it in the legislative manner. Councilwoman Zygas agrees with a lot of comments made this evening, as distasteful as the Cleveland Avenue project was, you have to admit most city citizens us it for travels throughout our city and that she believes blocking the TIF districts out of the funding is really going to make nightmare for prioritizing projects; stating that we need to leave it up to the engineer. Councilman D. Przybylinski stated that he is going contact Controller Hoffmaster to find out the balance in each separate TIF district and how much money would be available for black topping and what the 20% reduction was in MVH fund. Page 15 December 21, 2021 Councilman P. Przybylinski stated there is 1.5 million dollars; with Councilwoman Deuitch advising the 20% is minus $300,000 from the MVH Fund. Councilwoman Deuitch advised that Redevelopment has several projects in the hopper that may require state tax credit and will require some funding and then some additional monies they just approved the betterments for the South Shore projects as well with the NCTD project that we would have nicer aesthetics. Councilwoman Deuitch stated that the South Side TIF has about $7.8 million with the debit reserve account for the South Side TIF is $336,000; North Side TIF has about $3.6 million, and North East TIF has $109,000; with a total of about $12 million in the TIF districts combined. Councilman P. Przybylinski stated he was elected to represent the Second Ward and that he reviews the pacer studies received from our City Engineer; advising the second ward has been ignored and is why this proposed ordinance/document is here to change the language to read “capital projects and also remember this has been an argument for not getting work done in a TIF district. Councilman P. Przybylinski advised that he is not asking for TIF money or to redraw the TIF District, which can be done and has been done in the past; stating he represents the second ward and that there are gaping cracks over an inch wide if you look the streets in my ward and are past the point of being tarred; and that there hasn’t been any paving projects for his ward before he returned back to the Council and with the intersection going to be closed due to the Double Track project Washington Street is going to be one of the main thorough fairs in the City. Councilman Dabney stated that the comment was led off almost like a payback; the other wards hurt because the second ward is not being looked out for, wishing that the first ward had all great pacer rating where we didn’t need paving; asking if what you are saying there hasn’t been any paving in the second ward in the last fourteen years it means the pacer ratings are saying those weren’t needed. President Mack called “Point of Order” that we will go back to our Council rules of two comments; one for five minutes the other for three minutes, there will be no legislative argument session; asking Councilman Dabney if wanted to finish his comments. Councilman Dabney stated if he stating the wrong thing to correct him; the statement was that by using the pacer ratings the second ward was being ignored, is that not what you said. Councilman D. Przybylinski stated to reflect on the pacer rating results he doesn’t have a lot of confidence behind what it shows in the pacer rating pictures and what you see in person, commenting on MVH funds verses TIF monies. Councilman Fitzpatrick had a question for the City Engineer but would like to know what the total mileage of roads we have in the city and what it would cost to repave them all and then keep up from that point; stating that the TIF monies should be able to use in any of the TIF area if needed to try and get all roads up to better standards. President Mack stated that he is a fan of the pacer rating, it is an orderly process that has matching funds; and that we would not get matching funds using the TIF district so we would be paying full retail amount not wholesale price President Mack asked if there were any other comments from the Council, there was no response; stating the proposed ordinance will be held over to second reading at the January 4, 2021 Council meeting. Page 16 December 21, 2021 The Clerk read the following proposed ordinance on first reading by title only. AN ORDINANCE ESTABLISHING SALARIES FOR THE FIRE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2022 Introduced by: Don Przybylinski Paul Przybylinski Bryant Dabney President Mack asked if the authors had anything to add at this time. Councilman D. Przybylinski stated this proposed ordinance is to establish salaries for the Fire Department for the calendar 2022, in conjunction with the new contract that has been agreed upon between Local 475 and the City of Michigan City. Councilman Dabney made a motion to suspend the rules this evening to have all three readings tonight, second by Councilman P. Przybylinski The motion was approved to have all three readings by the following vote: AYES: Council members P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons and Zygas (8). NAYS: None (0). The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE ESTABLISHING SALARIES FOR THE FIRE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2022 Introduced by: Don Przybylinski Paul Przybylinski Bryant Dabney President Mack asked if any of the authors had anything to add, there was no response. President Mack asked if there were any comments from the public, there was no response. President Mack asked if there were any comments from the Council, there was no response; asking the Clerk to read the proposed ordinance on third reading by title only. The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4611 AN ORDINANCE ESTABLISHING SALARIES FOR THE FIRE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2022 WHEREAS, the salaries for the Fire Department must be set by ordinance pursuant to IC 36-8-3-3; and WHEREAS, the City of Michigan City, through the Common Council's Labor Committee and Firefighters Local #475, on behalf of the firefighters of the Fire Department, have previously negotiated a fair and equitable contract for the year 2022-2024 the terms of which continue until a new contract is approved by both the City and Firefighters Local #475. NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, that: Page 17 December 21, 2021 Section 1. The salaries for the firefighters for the year 2022 shall be set as follows, subject to the terms and conditions of a labor agreement between the City of Michigan City and Firefighters Local #475: Base Wages: 2022 Training Officer $66,000.00 Fire Marshal $66,000.00 Assistant Chief $66,000.00 Captain $64,000.00 Lieutenant $62,000.00 Driver $60,000.00 First Class Firefighter (8 years) $58,000.00 Firefighter (5 years) $54,000.00 Firefighter (1 year) $52,000.00 Probationary Firefighter $46,000.00 Public Information Officer Base Pay + $1,000.00 Section 2. Set salaries are in effect for all payrolls issued in the calendar year governed by this ordinance. This Ordinance to be effective upon passage by the Council, approved by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Don Przybylinski, Member Michigan City Common Council /s/ Paul Przybylinski, Member Michigan City Common Council /s/ Bryant Dabney, Member Michigan City Common Council President Mack asked if the authors had anything to add at this time, there was no response. President Mack asked if there were any comments from the public, there was no response. President Mack asked if there were any comments from the Council. Councilman D. Przybylinski made a motion to adopt the proposed ordinance, second by Councilman P. Przybylinski. The proposed ordinance was adopted by the following vote: AYES: Council members Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski and Dabney (8). NAYS: None (0). The Clerk read the following proposed ordinance on second reading by title only. AMENDING MUNICIPAL CODE SECTION 2-457 COMMISSION ON THE SOCIAL STATUS OF AFRICAN AMERICAN MALES Introduced by: Tracie Tillman (NOTE: This ordinance was TABLED at the December 7th Council meeting until the December 21, 2021 Council meeting) Councilwoman Nelson Deuitch made a motion to table the proposed ordinance on second reading until the January 4, 2022 Council meeting, second by Councilman P. Przybylinski. Page 18 December 21, 2021 The proposed ordinance was TABLED on second reading until the January 4, 2022 Council meeting by the following vote: AYES: Council members Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Dabney, and Fitzpatrick (8). NAYS: None (0). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4612 AMENDING ORDINANCE NO. 4598 COMMONLY KNOWN AS THE “2022 SALARY ORDINANCE” TO INCREASE THE ANNUAL SALARY FOR THE POSITION OF CITY ARBORIST WHEREAS, on October 19, 2021, the Michigan City Common Council enacted and on October 27, 2021 the Mayor signed Ordinance No. 4598, which established the salaries and wages for appointed officials and employees for the year 2022, and more specifically, said Ordinance established the salary for the City Arborist at $44,0001; and WHEREAS, the City is in dire need of an experienced and skilled arborist to handle the needs of the City and to also advise the Michigan City Tree Board; and WHEREAS, the Michigan City Tree Board has expressed a strong desire to commence the search for a City Arborist, however, believes the City will not be able to find an applicant because of the low salary established for said position; and WHEREAS, the Common Council now finds that it is in the best interest of the City to increase the annual salary for the City Arborist. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, LaPorte County, Indiana, as follows: 1. In Section 1 of Ordinance No. 4598, the position of “Arborist,” which is currently under the Mayor’s Office, shall now be amended to read as follows: Bi-weekly rate: 2022 Annualized Arborist $2,399.12 $62,377.21 2. All other provisions of Ordinance No. 4598 not in conflict with this Ordinance shall remain in full force and effect. 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: Dalia Zygas, Member Michigan City Common Council President Mack asked if the author had anything to add this evening. Councilwoman Zygas stated that we discussed this at the last two meetings and agrees that this is the best route for the city to increase the Arborist pay from $44,000.00 to Page 19 December 21, 2021 $62,377.21; advising that this is an important part of our city, stating several reasons why; asking for the Council’s support. President Mack asked if there were any comments from the public. Laura Henderson 510 Ninth Street and member of the Tree Board stating several reasons why the city needs a professional arborist in our community. Tommy Kulavik, 1316 Ohio Street, stated that he wanted to remind the council that it is the duty of the Mayor to fill all vacancies that are open within the city according to State Statute. President Mack asked if there were any other comments from the public, there was no response. President Mack asked if there were any comments from the Council. Councilman Fitzpatrick stated that he doesn’t support this at this time and that he feels it is an important position; that the Finance Committee went through the proper process that would have proposed the increase to have gone through during the budgetary hearings, that the current administration nor anyone from the administration could have come to the Council at any time to retain the individuals that left; that if there is a candidate that comes forth we can discuss the salary at that time. Councilwoman Zygas advised Councilman D. Przybylinski that if the pay is increase the person being hired will have to be a licensed certified Arborist. Councilwoman Zygas mention that we have been the Tree City USA designation for 21 years in a row and Laporte City is trying to get their first year in a row and that she is hoping if she informs this Council regarding this status that it may change some of the council voted and adopt this ordinance approving this rate increase. Councilman P. Przybylinski questioned Mr. Wolfe for the record and for himself; that at the last meeting and being a member of the “Tree Board” was he advocating to increase this salary so he could take the position; asking Mr. Wolfe if that was what he was doing. Mr. Wolfe, Tree Board President stated that was the discussion; stating the original proposed annual salary was $52,000 with the Finance Committee defunding it to $44,000; advising with the salary ordinance study that was done and the Mayor’s research the average salary for an Arborist was $65,000 in surrounding communities with the Tree Board members thoughts were that it would be $65,000 to offer to a candidate; and is why we are here today to keep what the original proposed annual salary in the amount of $65,000 by the Mayor. Mr. Wolfe advised that he did put an application in to be the forester/arborist that he has all the qualifications and is probably overqualified but is looking to broaden his horizons; that if there is a candidate that is more attractive more powers to be that person. Councilman P. Przybylinski said that you are at least being straight about what you are wanting to do, that no one came forward when the budget was decreased, not even the Mayor addressed the arborists position at the budget hearing when it was being discussed and that he doesn’t feel it is fair at this time; stating that we haven’t received a letter from the Mayor advocating this to date. Discussion ensued between Councilman P. Przybylinski and Mr. Wolfe regarding the Finance Committee defunding this position by 16%, the Mayor not supporting his proposal at the Tree Board hearing, what this position entails and what the final budget was decreased to. Councilman Fitzpatrick wanted to clarify for the record that a proposal is just that a proposal, not an assumption you don’t assume that a figure being proposed by Page 20 December 21, 2021 someone is something that is actually going to be attained at some point; that as the Finance Chair we went line by line with each salary with no one stepping up and stating that this a position that the City needs to fill or need to find someone to fill it. Councilwoman Zygas asked how are we going to attract a quality individual if the annual salary is only $44,00, that isn’t how it works when you are seeking someone that is qualified and certified. Councilwoman Deuitch stated that most arborists do carry certifications with that degree; stating that $44,000 is what we are paying our city employees that are secretaries; advising that this salary isn’t justifiable for the position of an arborist and that we really should think through what we need to do. Councilman P. Przybylinski stated that he would not be supporting this increase, that when negotiating with the police department with their base pay less than $62,000; tell the MCPD an arborist position is more important than a police officer officers position. Councilwoman Deuitch wants to propose an amendment on the salary of the Arborist; making a motion to suspend the rules to make amendment on third reading to the proposed ordinance. Attorney Meyer advised Councilman Fitzpatrick that all rules can be suspended if you have the vote to do so; and that the Council’s rule state that an amendment has to be in writing and give to the Clerk to make a motion to adopt. Councilwoman Deuitch made a motion to suspend the rules to propose an amendment on third reading this evening, second by Councilman Fitzpatrick. The motion failed by the following vote: AYES: Council members Deuitch, Simmons, Zygas, and Fitzpatrick (3). NAYS: Council members Mack, D. Przybylinski, Zygas, P. Przybylinski and Dabney (5). The Clerk read the following proposed Ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4612 AMENDING ORDINANCE NO. 4598 COMMONLY KNOWN AS THE “2022 SALARY ORDINANCE” TO INCREASE THE ANNUAL SALARY FOR THE POSITION OF CITY ARBORIST WHEREAS, on October 19, 2021, the Michigan City Common Council enacted and on October 27, 2021 the Mayor signed Ordinance No. 4598, which established the salaries and wages for appointed officials and employees for the year 2022, and more specifically, said Ordinance established the salary for the City Arborist at $44,0002; and WHEREAS, the City is in dire need of an experienced and skilled arborist to handle the needs of the City and to also advise the Michigan City Tree Board; and WHEREAS, the Michigan City Tree Board has expressed a strong desire to commence the search for a City Arborist, however, believes the City will not be able to find an applicant because of the low salary established for said position; and WHEREAS, the Common Council now finds that it is in the best interest of the City to increase the annual salary for the City Arborist. 2 The original version of this proposed Ordinance contemplated compensating the City Arborist $62,377.21 annually, however, said amount was ultimately amended to $44,000.00. Page 21 December 21, 2021 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, LaPorte County, Indiana, as follows: 1. In Section 1 of Ordinance No. 4598, the position of “Arborist,” which is currently under the Mayor’s Office, shall now be amended to read as follows: Bi-weekly rate: 2022 Annualized Arborist $2,399.12 $62,377.21 2. All other provisions of Ordinance No. 4598 not in conflict with this Ordinance shall remain in full force and effect. 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: Dalia Zygas, Member Michigan City Common Council Councilman Fitzpatrick commented on the Arborist that was employed by the City when he first got on the Council; stating that he was intelligent, dedicated and cared about what he did and made him even interested in trees in our community and that he worked for $44,000 and was fired. Councilman Simmons stated that it is a shame that no one stepped forward when the $44,000 was being proposed during the budget hearings; shame, shame on our Mayor but is in favor about getting a certified arborist, that we need to get the job done and quit going back and forth. Councilman Simmons advised that he felt that Councilwoman’s amendment that she was going to proposed to help, not to say “no” but to discuss it among each other and come up with a rate of pay that this Council could agree upon. Councilman D. Przybylinski stated that $62,377.21 is a little bit too high for this particular position and comparing what other Cities are pay scale for an arborist he feels is still to high, that he is on the labor relations committee for our Police and Fire Department who deal with the safety in our community; that he believes an arborist is valuable but not as valuable as a police officer or fire fighter that have to protect us day in and day out. Councilman D. Przybylinski stated that he doesn’t want the Council to get in the habit in proposing amendments on third reading without having the proper procedures in writing ahead of time. President Mack stated that he doesn’t think we should discuss what was discussed at Finance hearings or discuss the ability of the Mayor, that we need to find a person that has the passion for the arborist position, has a lot of experience and is certified; stating that we need to look at the seriousness of this position, we are a city with an abundant number of trees and its something that should be protected. Councilwoman Deuitch made a motion to adopt the proposed ordinance, second by Councilwoman Zygas. The motion to adopt this ordinance was adopted by the following vote: AYES: Council members Simmons, Zygas, Dabney, Mack and Deuitch (5). NAYS: Council members D. Przybylinski, P. Przybylinski and Fitzpatrick (3). NEW BUSINESS Page 22 December 21, 2021 President Mack stated that Mayor Parry is requesting the advice and consent of the Michigan City Common Council regarding his re-appointment of Ms. Nancy Milcarek as a member of the Michigan City Cemetery Board (term will begin immediately and expire on 01-01-2025); Mayor Parry is also requesting the advice and consent of the Michigan City Common Council regarding his re-appointment of Mr. Davis Bush as a member of the Michigan City Cemetery Board (term will begin immediately and expire on 01-01-2025): Mayor Parry is also requesting the advice and consent of the Michigan City Common Council regarding his re-appointment of Ms. Dale Cooper as a member of the Michigan City Public Art Committee (term will begin immediately and expire on 01-01-2025); Mayor Parry is also requesting his advice and consent of the Michigan City Common Council regarding his re-appointment of Mr. John Ryszka II to the Michigan City Public Art Committee (term will begin immediately and expire on 01-01-2025. Councilman D. Przybylinski commented on Ms. Dale Cooper and Mr. John Ryszka’s re- appointments to the Michigan City Public Art Committee; stating that he has worked with both on projects, and they are very dedicated, hardworking, and knowledgeable individuals; and they are an asset to the Arts Committee. Councilman D. Przybylinski made a motion to vote on all four (4) of the Mayor’s advice and consent appointments tonight; second by Councilwoman Deuitch. The motion was approved by the following vote: AYES: Council members Simmons, Zygas, P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch, and D. Przybylinski (8). NAYS: None (0). Councilman P. Przybylinski made the motion to approve the Mayor’s request for these four appointments; second by Councilman D. Przybylinski. The motion was approved by the following vote: AYES: Council members, Zygas, P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski and Simmons (8). NAYS: None (0). UNFINISHED BUSINESS President Mack stated that the Council has one appointment to the Youth Leadership Commission representing “Marquette High School” (term expired 06-01-2021) Incumbent: Mr. Trayvon Moore. President Mack stated there will be a vote tonight regarding the Council’s two (2) appointments to the Redevelopment Commission (terms expires on 12/31/2021); Incumbents were Angie Nelson Deuitch and Michael Mack; advising the nominations at the last meeting were Kathy Dennis and Angie Nelson Deuitch. Kathy Dennis addressed the Council stating she is honored to serve on the Redevelopment Commission again and feels her past professional experience and background will allow her to fully participate in the business of this Commission. Councilwoman Zygas made the motion to appoint Kathy Dennis and Angie Nelson Deuitch to the Redevelopment Commission; second by Councilman P. Przybylinski. The motion was approved by the following vote: AYES: Council members, P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons and Zygas (8). NAYS: None (0). Page 23 December 21, 2021 Councilman Mack congratulated Kathy Dennis and Angie Nelson Deuitch to the Redevelopment Commission. COMMENTS FROM THE PUBLIC President Mack asked if there is anyone from the public who wished to speak. Ernie Hollihan, 302 Gladys Street stated his concerns with children’s safety on Springland Avenue near the park in Tall Timbers; commenting on the child that was killed on Broadway; advising they lowered the speed limit and placed a stop sign at that location; stating the police do not enforce the speed limit and something needs to be done. Councilman Simmons stated this area is in his Ward and that he will contact Captain Jeff Loniewski, M.C.P.D. Traffic Division to discuss this matter and ask for more police presence; wishing everyone a great Christmas and happy New Year; and good luck to Attorney Meyer. Michael Vinson, 2402 Greenwood Avenue commented on paving that gets done to our City Streets and what gets paved and what doesn’t; stating the Cleveland Avenue project was a disaster from the beginning, done improperly and paid for twice; asking who is holding the contractors responsible for their work; wishing the Council a Merry Christmas. Councilman P. Przybylinski commented on the Cleveland Avenue project; stating that Cleveland Avenue was done approximately fourteen (14) years ago and the performance bond is past the time frame to hold the contractor responsible. Tommy Kulavik, 1316 Ohio Street read an open letter to Michigan City and residents of the Community regarding the Michigan City Wolves football team from Craig Shaman, Athletic Director, MCHS and Phil Mason, Head Football Coach, MCHS; also reading a plaque that the coaching staff received for the dedication, encouragement and wisdom that was given to the 2021 Michigan City Wolves team; wishing Michael Kuss, G.M. Michigan City Sanitary District best of luck on his retirement; advising that he sent in a request to the Board of Public Works and Safety to remove the three (3) way stop at the intersection of Wabash and Ann Street. Ernie Hollihan, 302 Gladys Street commented on the lights on Cleveland Avenue; stating they stay on 24/7. Councilman D. Przybylinski responded to Mr. Hollihan’s concerns regarding these purple/blue lights; advising he gave this information to Jeff Wright, City Engineer a few weeks ago and has been made aware of the situation. Tommy Kulavik, 1316 Ohio Street stated the lights are defective and need to be replaced at the manufactures cost. President Mack asked if there was anyone else from the public who wished to speak; there was no response. COMMENTS FROM THE COUNCIL President Mack asked if there were any Council comments. Councilman D. Przybylinski thanked the Controller’s Office and City Attorney, Amber Lapaich-Stalbrink for their help during the Fire and Police negotiations; thanked Andrea Smith, Personnel Director for guiding us through different aspects of the MCFD Local 475 contract; wishing everyone a Merry Christmas and Happy New Year; advising the Page 24 December 21, 2021 new arborist that on Franklin Street and Michigan Boulevard the trees need to be inspected. Councilwoman Deuitch read a report from the LaPorte County Health Department regarding the rapid increase in Covid-19 cases, with up to 18,740 public cases and 283 deaths with 500 new cases per week: wishing everyone a safe and wonderful holiday. Councilwoman Zygas wanted to announce the Tree Board had a big tree planting on December 17, 2021 and thanked everyone that donated their time to help make this event happen. Councilman Fitzpatrick stated that he wanted to say Merry Christmas and Happy Holidays to everyone and welcome the residents back to the Fourth Ward due to the new ward lines redirecting each Ward; advising that he has no confidence in our Mayor or his supporters. Councilman Simmons stated that he just wanted to say Merry Christmas and Happy Holidays to everyone; he thanked Mr. Kuss, General Manager Sanitation Department for his services wishing him well. Councilman P. Przybylinski stated that he wanted to say Merry Christmas and a blessed New Year; advising that everyone should become an advocate to help stop the spread of Covid. Councilman P. Przybylinski commented on the proposed ordinance advising the general public that the City can receive a million dollars through grant money and that if we do a project in the TIF District they can participate using that grant money as well; if we do a project in a different ward they will be able to participate in that grant money too; stating several reasons why we should be working together with Redevelopment Commission using, TIF monies, MVH Funds and grants to receive more money and be able to repair sidewalks and roads in our neighborhoods. President Mack wished everyone a Merry Christmas and Happy New Year. ADJOURNMENT A motion by Councilman D. Przybylinski, second by Councilman P. Przybylinski and there being no further business to transact, President Mack declared the meeting ADJOURNED (approximately 8:43 p.m.) _______________________________ Gale A. Neulieb