City Council

Page 1 May 17. 2022 REGULAR “HYBRID/ZOOM” MEETING May 17, 2022 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, May 17, 2022, 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 Angie Nelson Deuitch. 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, Don Przybylinski, Gene Simmons, Dalia Zygas and Tracie Tillman (8). ABSENT: COUNCIL MEMBERS P. Przybylinski (1). President Deuitch advised that Councilman P. Przybylinski is running late; but will be here shortly. A QUORUM WAS NOTED PRESENT ALSO, PRESENT: Council Attorney Jewel Harris, Gale Neulieb City Clerk and Stacy Dudley Asst. Deputy Clerk. APPROVAL OF MINUTES President Deuitch inquired whether there were any deletions, additions or corrections to the “Hybrid Zoom” Regular meeting held on May 4, 2022, the Executive Session held on May 5, 2022 and the Special meeting held on May 5, 2022 that will be approved this evening, there was no response. Councilman D. Przybylinski made a motion to approve the minutes of the “Hybrid/Zoom”, Regular meeting held on May 4, 2022, the Executive Session held on May 5, 2022 and the Special meeting held on May 5, 2022 a second was made by Councilman Fitzpatrick. President Deuitch asked if there were any comments, there was no response The three Council meeting minutes were approved by the following vote: AYES: Council members Deuitch, D. Przybylinski, Simmons, Zygas, Tillman, Dabney, Fitzpatrick and Mack (8) NAYS: None (0) REPORTS of STANDING COMMITTEES President Deuitch asked if there were any reports of standing committees, there was no response. FINANCE REPORT Councilwoman Tillman reported on their Council Finance Committee that was held today May 17, 2022 at 5:30 p.m. in the Council Chamber. Page 2 May 17. 2022 Call to order Chair, Tracie Tillman called to order the regular meeting of the Michigan City Finance Committee at 5:30 p.m. on May 17th , 2022 held in the City Council Chambers, 100 E Michigan Blvd., Michigan City, Indiana and via: Hybrid/ Zoom. Meeting was called to order at 5:31 p.m. Roll call: Tracie Tillman, Chair conducted a roll call. The following persons were present: Tracie Tillman, Council - present Paul Przybylski, Council – present Sean Fitzpatrick, Council – present A quorum was present. also, in attendance Controller Yvonne Hoffmaster Approval of minutes from last meeting from May 3rd, 2022. Motion to approve by Fitzpatrick, second by P. Przybylski. All in favor 3 Yea 0 Nay. Motion carries. Open issues: Review claims in Fund No. 2031 Boyd Development $0.00 Review claims in Fund No. 2042 – Riverboat $20,000.20 Riverboat EFT $0.00 Riverboat Purchase Order Docket $0.00 Minutes: Motion to approve claims from the Riverboat made by Fitzpatrick, second by Chair Tillman, P. Przybylski - Nah. Motion carries 2 Yea - 1 Nay. Fitzpatrick, asked Controller Hoffmaster what was the $20,000.20 for Sherman Williams? Controller said it was for equipment approved prior by Council over several months ago. P. Przybylski asked how much did the machine actual cost? Controller Hoffmaster referenced back to the invoice and that it was bought directly from the company; and that this machine is what does the street stripping for the streets. Controller Hoffmaster clarified why the amounts differed; due to item was budgeted for $25k however the equipment was only $20,000.20. money will go back to the riverboat under unappropriated. P. Przybylski asked what the purchase did not come out of the Local Road or General fund? Controller Hoffmaster said because it was approved in the 2022 budget. Standing Items: Page 3 May 17. 2022 Resolution on Authorizing petty cash and change fund to add the special events director to the list of authorized custodians; will be read at Council meeting this evening. Ordinances on first reading will be heard at City Council meeting tonight: Amending Sec. 2-116(a) In the Michigan City Municipal Code Commonly Known as " Use and Control of City Credit Cards" TO add the special Events Director to the list of Authorized users. Approving additional appropriation in the Budget of the Local Income Tax (Formerly known as CEDIT) Fund for on-call engineering services with HAAS & Associates. Ordinances on second reading will be heard at City Council meeting tonight: Amending Municipal Code Section 2-461(B)(3) Commonly known as the Substainbility Commissioners in the City's Annual Salary Ordinance for their services. Approving additional appropriation in the budget of the Board of Public Works & Safety of the General Fund to Provide Members of the Michigan City Sustainability Commision with a monthly payment for their services on the Commission. Amending Ordinance No. 4598 Commonly known as the "2022 Salary Ordinance" to establish a monthly compensation for member of the Michigan City Sustainability Commission; and Approving additional appropriation in the budget of the ARP Coronavirus local Fiscal Recovery Fund for upgrades to the Security System at City Hall, Central Services, Central Maintenance, to pay for upgrades to the City's Cyber Security System and purchase necessary equipment for the City's Emergency Management Volunteers through the Michigan City Police Department. Comments by the public: N/A Comments by the Committee: Chair Tillman, elaborated as to why resolution and ordinance are read because anything regarding finance will be discussed by the City Finance Committee. Fitzpatrick, asked does the credit card have a daily limit and what was the immediate need for the Event Director to have a credit card? Controller Hoffmaster said there is not an immediate need but due to the nature of what that position does there is a need to be an authorize user on the credit card. the Controller said there is no daily limit on the credit card because it is a corporate account; there is a limit of $3000.00 invoice get turned in like all other claims and the credit card is paid off monthly. If a late fee is charged the department head is responsible of paying the fees and not taking from the City funds. Chair Tillman asked if in the future will any other department be in need to be adding to have authorization to a credit card? Hoffmaster said the other departments are already authorized. Page 4 May 17. 2022 P. Przybylski asked why do the Park Department Parking have a $7000 petty cash? Controller said it is a change account that can be used for the parking revenue, to eliminate from having to run to the bank multiple times in a day. P. Przybylski asked if there is a monthly report given to somebody about these accounts and how they are used? the Controller said typically they don't have any petty cash accounts most of them are change funds to operate to change cash. P. Przybylski is concern about how the money is handled and taken care of. Meeting Adjourned: Motion by Fitzpatrick second by Chair Tillman meeting adjourned at 5:49 p.m. Respectfully submitted by the City Finance Committee, Chair Tillmam Note: Councilman P. Przybylinski entered the Chamber and joined the meeting. CLAIMS DOCKET President Deuitch did an authors amendment for the Riverboats Claim Docket Fund #2042 to read $20,000.20. Councilman D. Przybylinski made a motion to approve the May 17, 2022, Riverboat/Boyd Claim Docket Fund #2042 Riverboat in the amount of $20,000.20, second by Councilwoman Tillman May 17, 2022 Riverboat/Boyd Claim Docket Fund #2042 – Riverboat – Claims $ 20,000.20 EFT $ 00.00 Fund #2031 – Boyd – Claims- $ 00.00 TOTAL CLAIMS $ 20,000.20 President Deuitch asked if there were any comments or questions from the Council, there was no response. The May 17, 2022, Riverboat Fund #2042 in the amount of $20,000.20 was approved by the following vote: AYES: Council members D. Przybylinski, Simmons, Zygas, Tillman, Dabney, Fitzpatrick, Mack, and Deuitch (8) NAYS: Council member P. Przybylinski (1) REPORTS OF SPECIAL or SELECT COMMITTEES President Deuitch asked if there were any reports of Special or Select Committees, there was no response. REPORTS FROM THE MAYOR OR OTHER CITY OFFICERS AND DEPARTMENTS President Deuitch asked if there were any reports from the mayor or other City Officers and Departments, there was no response PETITIONS President Deuitch asked Clerk Neulieb if there were any petitions this evening. Page 5 May 17. 2022 Clerk Neulieb advised there was a petition received in the Clerk’s Office on May 10, 2022 from Mr. James Stewart, Michigan City supporting Michigan City on getting a “field house” built in our community. President Deuitch stated that she would allow Ms. Lucy Segovia to speak on behalf of Mr. James Stewart. Ms. Lucy Segovia, 508 Fox Point Drive spoke on behalf of Jimmy Stewart presenting “Making the Case”: Michigan City Fieldhouse statement that Mr. Stewart wrote to each Council member. The young people of Michigan City need more space and improved facilities for organized sports and activities. The addition of a fieldhouse would allow us to better support our children keep our school and programs competitive with those in neighboring towns, and foster a sense of community way only sports can. A fieldhouse would allow us to expand our programs and promise physical activity and organized sports to more of the young people in our city and schools. The social development and personal growth that comes from participation in extracurricular activities are an important component of our ability to ensure that the children in our community are set up for academic and athletic success in high school and beyond. This is good for our children, their families and our city. Throughout the year, Michigan City high School offers 28 Varsity sports, 20 Junior Varsity sports, and freshman teams in certain sports. Practices, games, meets, matches, and off-season training are difficult to schedule, often leaving student-athletes with inadequate space and time for their activities. The space limitations are also affecting athletes in our middle and elementary schools to properly run their programs. This is challenging our ability to prepare and develop our student-athletes and will have a long-term impact on our ability to retain participants in our programs and be competitive with our pears. The addition of fieldhouse is not only a matter of wanting our kids to reach their full potential in athletics. According to a study that racked children from kindergarten through fourth grade, participation in sports helps develop and improve cognitive skills in children (Piche, 2014). In general, physical activity is associated with improved academic achievement, better grades, and better performance on standardized test. Participation in sports and regular physical activity positively affects attitude and behavior in and outside of the classrooms (GAO, 2012) In addition to the academic benefits, participation in youth sports also positively impact the mental, emotional, and social health of young people. According to the President’s Council on Sports, Fitness, & Nutrition Science Board, participation in sports is associated with lower rates of anxiety and depression, lower levels of stress, higher self-esteem and confidence, reduced risk of suicide, lower rates of substance abuse and risky behaviors, increased creativity, and greater lifelong enjoyment of all forms of physical activity (PCSFN, 2020). The positive impact of sports extends far beyond the playing field, court, mat, and pool. High school athletes are more likely than non-athletes to attend college and earn degrees from four-year colleges (USDOE,2005). Participation in sports is associated with improved teamwork, social skills, and social responsibility among participants, such as determination, perseverance, grit, resilience, and critical thinking (PCSFN, 2020). They are also more likely to experience career success later in life. A survey of 400 female corporate executives found that 94% played a sport and 61% say sports contributed to their career success (EY Women Athletes Business Network/ espnW, 2014. Michigan City youth have and continue to enjoy an abundance of success in youth sports. Our children have won athletic honors at the local, regional, state and national levels in a wide range of sports. We would like to see this success continue to their Page 6 May 17. 2022 high school years and beyond. As previously stated, but worth repeating, at the present time, one major barrier to this the lack of adequate space. Teams are pushed out of practice spaces or forced to practice at times that are not ideal for their school schedule. The athletic facilities at our middle and elementary schools are insufficient to support the number of athletes and teams in those buildings, especially as they have served as overflow space for older teams pushed out of space at the high school. A fieldhouse would meet the after-school athletic needs of the high school, alleviate the reliance – and subsequent wear-and-tear – of our high school gymnasium, and allow the district to partner more closely with other youth sports organizations to ensure that Michigan City is able to more effectively attract and retain its student-athletes and their families. The addition of fieldhouse would untold benefits for our community. It would be a costly investment, but it would be just that – an investment. A fieldhouse space and what it would allow us to offer our student-athletes would be an attraction for relocating families, including those who would support our school and other community organizations. There would also be an economic opportunity as we would potentially be able to host competitions and events sponsored by outside organizations. The ancillary space a fieldhouse would provide would help foster a sense of community’s involvement in lives of our young people. Surround communities have funded similar facilities and space through tax referendums. An enhancement of this scale would add tremendous value to our community and draw families, their children and reinvestment in our town. Additionally, projects such as this have been paid for, at least part, by funding through the American Rescue Plan, understanding that sports and physical activity are critical and mental health of our young people, especially as they continue to recover from the enormous impact COVID-19 has had on their lives. The outpouring support from our community has been overwhelming. A petition change.org has gathered nearly 1,000 signatures in addition to those gathered on paper forms. Now is the time to take advantage of the positive momentum and excitement around this project and invest in the future of our children and our town. James Stewart COMMUNICATIONS President Deuitch asked if there was any correspondence received in the Clerk’s Office. Clerk Neulieb read the following correspondence that was received in the Clerk’s Office: Correspondence was received in the Clerk’s Office on April 28, 2022 from Rodney McCormick regarding a “motion for contemp violation of I.C. 36-7-18-5(2)” Correspondence was received in the Clerk’s Office from the Emergency Management Volunteer Equipment Proposal that the Council requested at their last Council meeting May 4, 2022 Correspondence was received in the Clerk’s Office on May 9, 2022 from Harris Law Firm regarding the appointment of Attorney Gerald M. Bishop as the Council's Hearing Officer Correspondence was received in the Clerk’s Office on May 10, 2022 from Harris Law Firm regarding the alternate appointment of Attorney Patrick Lyp as the Council’s Hearing Officer Correspondence was received in the Clerk’s Office from Mr. George Dobie regarding the actions that were taken by Mayor Parry to the Michigan City Housing Authority members. Page 7 May 17. 2022 RESOLUTIONS The Clerk read the following resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION 4843 APPROVING THE AMENDMENT TO THE 2022-2024 UNION CONTRACT BETWEEN THE MICHIGAN CITY FRATERNAL ORDER OF POLICE DUNES LODGE #75 AND THE CITY OF MICHIGAN CITY, INDIANA REGARDING ARTICLE X (SUPPLEMENTAL BENEFITS), SECTION I (LATERNAL TRANSFER), SUBSECTION 2 WHEREAS, the need exists to amend the Contract for 2022-2024 between the City of Michigan City, Indiana and the Fraternal Order of Police Dunes Lodge #75 (hereinafter referred to as “Contract”); and WHEREAS, the amendment to said Contract, which is attached hereto and incorporated herein as “Exhibit A,” sets forth the factual basis as to why the need exists to amend Article X(I)(2) of the Contract; and WHEREAS, the Common Council, being duly advised in the premises, now desires to amend said Contract. 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 Amendment to 2022-2024 Union Contract between the Michigan City Fraternal Order of Police Dunes Lodge #75 and the City of Michigan City, Indiana Regarding Article X (Supplemental Benefits), Section I (Lateral Transfer), Subsection 2, which is attached hereto as “Exhibit A.” (3.) The President of the Common Council is hereby authorized to execute “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 INTRODUCED BY: /s/ Bryant Dabney, Member Michigan City Common Council President Deuitch asked if there were any comments from the sponsors. Councilman D. Przybylinski read the proposed resolution along with the following exhibit “A” AMENDMENT TO 2022-2024 CONTRACT BETWEEN THE CITY OF MICHIGAN CITY, INDIANA & THE FRATERNAL ORDER OF POLICE DUNES LODGE #75 REGARDING ARTICLE X (SUPPLEMENTAL BENEFITS), SECTION (LATERAL TRANSWER), SUBSECTION 2 The Amendment to the Contract for 2022-2024 between the City of Michigan City, Indiana and the Fraternal Order of Police Dunes Lodge #75 is entered into by and Page 8 May 17. 2022 between the City of Michigan City, Indiana by and through the Michigan City Common Council, Michigan City Board of Public Works & Safety, and Mayor (hereinafter referred to as (“CITY”) and the Fraternal Order of Police Dunes Lodge #75 (hereinafter referred to as (“”FOP”) to memorializing an amendment to the 2022-2024 contract, specifically Article X (Supplemental Benefits), Section I (Lateral Transfer), subsection 2. WHEREAS, on or About March 3, 2022, the City and FOP met to finalize negotiations for the Contract for 2022-2024 between the City of Michigan City, Indiana and the Fraternal Order of Police Dunes Lodge #75 (hereinafter referred to as “CONTRACT”), and at that time the parties agreed that Article X(1)(2) would read as follows: “Officers that have less than one (1) year of full time experience or any amount of part-time experience will be hired at the one (1) year experience level” : and WHEREAS, shortly thereafter, at the beginning of March 2022, the FOP negotiating team advised that they took the proposed new CONTRACT for vote to the FOP, and the FOP voted in favor of the same; and WHEREAS, following the FOP vote, on March 22, 2022, Sgt. Henderson, who was the lead member of the FOP negotiating team, reached via email to the CITY’s Corporation Counsel advising of the following: “After review and talking with the other members of the committee, the only thing that seems add to us is: I. Lateral Transfer C. With the way the pay scale is structured if a lateral transfer has less than 1 year of service they should be hired in as a Probationary Officer. They should not be able to make more than a MCPD hire that has on as much time if not more while still being under 1 full year. This was an error on our end as we all completely overlooked that line. Does this make sense to you?” WHEREAS, based on the aforementioned email, Corporation Counsel then re- circulated a draft of the proposed FOP contract to Sgt. Henderson and the Council’s Labor Relation Committee (hereinafter referred to as ”LRC”) on March 23 and March 24, 2022, with article X(I)(2) reading as follows: “Officers that have less than one (1) year of full time experience or any amount of part-time experience will be hired as a Probationary Officer,” and WHEREAS, on March 24, 2022, Sgt. Henderson advised that the draft of the CONTRACT was fine and was subsequently signed by the FOP and approved by the Common Council on April 5, 2022 and by the Board of Works on April 18, 2022; and WHEREAS, on or about April 19, 2022 Sgt. Henderson emailed the members of the LRC requesting a meeting due to an error on his behalf regarding Article X(1)(2) of the CONTRACT; and WHEREAS, on April 25, 2022, the LRC met with negotiating members of the FOP, at which time, Sgt. Henderson explained that he did not have authority, on behalf of the entire FOP, to suggest the language change to Corporation Counsel on March 22, 2022 to Article X(1)(1) of the CONTRACT. And as such, requested the contract language that was voted on by the FOP which stated “Officers that have less than one (1) year of full-time experience or any amount of part-time experience will be hired at the one (1) year experience level” be amended back into the 2022-2024 CONTRACT; and Page 9 May 17. 2022 WHEREAS, on April 25, 2022, the LRC agreed that Article X(I)(2) of the CONTRACT to read as follows: “Officers that have less than (1) year of full time experience or any amount of part-time experience will be hired at the one (1) year experience level,” and WHEREAS, the parties now desire to formally amend Article X (I)(2) of the CONTRACT to read as follows: “Officers that have less than one (1) year of full time experience or any amount of part-time experience will be hired at the one (1) year experience level” NOW THEREFORE, in exchange for the mutual promises made and other valuable consideration, the Parties agree as follows: 1. INCORPORATION OF WHEREAS SECTIONS. The aforementioned “Whereas” section are incorporated herein as if fully set forth herein. 2. ARTICLE X(1)(2): Article X(I)(2) which currently reads: “Officers that have less than one (1) year of full time experience or any amount of part-time experience will be hired as a Probationary Officer” shall now be amended to read as follows: “Officer that have less than one (1) year of full-time experience or any amount of part-time experience will be hired at the one (1) year experience level” 3. All other terms and conditions of the CONTRACT not in conflict herein shall remain in full force and effect. President Deuitch asked if there were any other comments from the sponsors, there was no response. President Deuitch asked if there were any comments from the public at this time, there was no response. President Deuitch asked if there were any comments from the Council. Councilman P. Przybylinski made a motion to TABLE the proposed resolution until the next meeting on June 7, 2022 to schedule an executive session and address the final language being proposed. Councilman Fitzpatrick advised that our next Council meeting is three weeks away; asking if there was anything pertinent that would affect this contract if we TABLED the proposed resolution. Councilman P. Przybylinski stated that he feels if the proposed resolution is approved this evening that this language is going to effect the people getting hired or the officers that are in their first year of probation. President Deuitch stated “there is a motion to TABLE” on the floor; asking if there is a second, there was no response with the motion to TABLE failed. President Deuitch asked if there were any additional comments from the Council. Councilman D. Przybylinski made a motion to adopt the proposed resolution. Councilman Dabney stated several reasons why this amendment should be adopted this evening, making a motion to second. Page 10 May 17. 2022 The proposed resolution was adopted by the following vote: AYES: Council members Simmons, Zygas, Tillman, Dabney, Mack, D. Przybylinski (6) NAYS: Council member P. Przybylinski, Fitzpatrick, and Deuitch (3) The Clerk read the following proposed resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4844 AMENDING RESOLUTION NO. 4827 AUTHORIZING PETTY CASH AND CASH CHANGE FUNDS TO ADD THE SPECIAL EVENTS DIRECTOR TO THE LIST OF AUTHORIZED CUSTODIANS WHEREAS, Indiana Code No. 36-1-8-2 authorizes the Common Council to establish cash change funds for officers and employees who collect cash revenues on behalf of the City; WHEREAS, Indiana Code 36-1-8-3 authorizes the Common Council to establish petty cash funds for City offices; and WHEREAS, the Common Council previously authorized cash change/petty cash funds through Resolution No. 4063 and 4074, as amended by Resolution Nos. 4132, 4283, 4290, 4396, 4456, 4486, 4533, 4706, 4737, and 4827; and WHEREAS, an amendment to Resolution 4827 is necessary to add the Special Events Director to the list of Departments authorized to handle a cash change/petty cash fund. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Michigan City, Indiana as follows: Section 1. Authorized cash change/petty cash funds, amounts and custodians are established as follows: Department Custodian Amount Aviation Airport Manager $250.00 Central Services MC Transit Director $50.00 Controller City Controller $100.00 Fire Fire Chief $50.00 Greenwood Cemetery Cemetery Superintendent $150.00 Swan Lake Cemetery Cemetery Superintendent $40.00 Golf Director of Golf $1,000.00 Park Department Park Superintendent $100.00 Park Department – Washington Park Parking Assistant Park Superintendent $7,000.00 Park Department – Parking Stickers Assistant Park Superintendent $75.00 Park Department – Recreation Park Superintendent $300.00 Park Department – Oasis Concessions Zoo Retail Manager $600.00 Zoo Admissions Zoo Retail Manager $1,000.00 Zoo Concessions – Peacock Café Zoo Retail Manager $1,000.00 Zoo Gift Shop – Treehouse Zoo Retail Manager $1,000.00 Police Police Chief $100.00 Planning & Inspection Plan Director $200.00 Mayor’s Office Special Events Director $1,500.00 Section 2. The City Controller is authorized to issue each custodian a check as required to meet the above cited amounts and written procedures for the use and documenting the use of the petty cash funds. Page 11 May 17. 2022 Section 3. The entire cash change/petty cash fund shall be returned to the Department’s Fund whenever there is a change in the custodian of the fund or the fund is no longer needed, and the City Controller shall verify the accuracy of the accounting for the fund at that time. 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/ Gene Simmons, Member Michigan City Common Council INTRODUCED BY: /s/ Michael Mack, Member Michigan City Common Council INTRODUCED BY: /s/ Dalia Zygas, Member Michigan City Common Council President Deuitch asked if the sponsors had anything to add. Councilman Simmons stated that this is simple that we are just adding the Special Event Director to be listed as an authorized user of petty cash/change. President Deuitch asked if there were any additional comments from any of the sponsors, there was no response. President Deuitch asked if there were any comments from the public, there was no response. President Deuitch asked if there were any comments from the Council. Councilman Fitzpatrick asked the Terry Gresham Special Event Director what would need would he need daily for petty cash or are there any unforeseen purchases that are needed to have this money. Terry Greetham, Special Event Director advised the main purpose for having petty cash is for events that we are charging at the gate with our first event being the Singing Sands Sculpting Festival tickets that are being sold at the gate; giving us a change bank. Councilman Fitzpatrick made a motion to approved adding the Special Event Director to the “petty cash” list, second by Councilwoman Tillman. The proposed resolution was adopted by the following vote: AYES: Council members Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick Mack, Deuitch, D. Przybylinski and Simmons (9) NAYS: Council member None (0). The Clerk read the following resolution by title only. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, APPROVING OF THE ISSUANCE OF SPECIAL REVENUE BONDS BY THE CITY OF MICHIGAN CITY, INDIANA, SANITARY DISTRICT RELATING TO THE EXTENSION OF SEWAGE WORKS SERVICES TO A PORTION OF THE TOWN OF LONG BEACH, INDIANA, AND ALL MATTERS RELATED THERETO Introduced by: Bryant Dabney Dalia Zygas Don Przybylinski Page 12 May 17. 2022 President Deuitch asked if any of the sponsors had anything to add. Councilman D. Przybylinski made a motion to TABLE the proposed resolution until the June 21, 2022 Council meeting; advising that there is a proposed ordinance on the agenda this evening regarding rates and charges by the City’s Sanitary District that has to be adopted before this resolution can be brought to the Council, second by Councilman Fitzpatrick. The proposed resolution was TABLED until June 21, 2022 Council meeting by the following vote: AYES: Council members P. Przybylinski, Tillman, Dabney, Fitzpatrick Mack, Deuitch, D. Przybylinski, Simmons and Zygas (9) NAYS: Council member None (0). Attorney Meyer, representing the Sanitary District advised that TABLING this is the right thing to; that in order to approve the bond resolution, the rates needed to be paid by the Long Beach customers to have money to pay and buy the bond payments first; asking that the proposed ordinance being introduced this evening is going to have a request to have second and third reading at the June 21, 2022 Council meeting. The Clerk read the following ordinance on first reading by title only. AMENDING SEC. 2-116(a) IN THE MICHIGAN CITY MUNICIPAL CODE COMMONLY KNOWN AS “USE AND CONTROL OF CITY CREDIT CARDS” TO ADD THE SPECIAL EVENTS DIRECTOR TO THE LIST OF AUTHORIZED USERS Introduced by: Gene Simmons Michael Mack Dalia Zygas President Deuitch asked if the sponsors had anything to add at this time. Councilman Simmons advised this is adding the Special Event Director to the list of authorized users of a city’s credit card. President Deuitch asked if there are any additional comments from the sponsors, there was no response. President Deuitch asked if there were any comments from the public, there was no response. President Deuitch asked if there were any comments from the Council. Councilwoman Tillman stated that this proposed ordinance was discussed in their Finance Committee meeting this evening where Controller Hoffmaster was unable to clarify some of the information; but one of the concerns was in regards to the need for the Special Event Director to have it in possession, asking if there are going to be any other departments that may need a credit card on a daily bases and if they are going to come back to the council requesting other departments to have a corporate credit card as well; asking if the director could use one of the many credit cards that we currently have already. Councilman P. Przybylinski stated some concerns he had regarding the reporting of purchases for the process of the use of these cards, commenting on the petty cash amount of $7,000 for the Park Department. Councilman Dabney commented that the reason the Park Department has $7,000 for their petty cash is to make change for people parking with the rate of each vehicle of $15.00. Page 13 May 17. 2022 Councilwoman Zygas clarified that petty cash is used for change not the credit card limit; that there are two items being addressed and we are addressing the use of the credit card for the Special Event Director at this time. Councilman P. Przybylinski asked if Asst. Park Director works every Saturday to disburse change to their staff; stating several reasons there should be more control of the petty cash in the amount of $7,000.00 for the Washington Park parking. Councilman Mack stated that many places where people work they are responsible for a large amount of cash and that Michigan City retail managers have credit cards to do simple things regarding their job as well; stating several reasons that he sees no reason not to give the Special Event Director a corporate credit card. Councilman D. Przybylinski stated Controller Hoffmaster sent out the procedures of the SOP on how her office tracks and cross references the bills being paid from each credit card, the internal controls are and that he doesn’t see any reason not the give the Special Event Director this credit card. Councilman D. Przybylinski stated that maybe the Finance Committee can sit down with the Park Department to see why they need $7,000 for petty cash for change on parking fees at Washington Park. Councilwoman Tillman stated that she is not opposed to approving this but being the finance chair considering this is an amendment; questions need to be asked and answered or she wouldn’t be doing her due diligent job. President Deuitch stated if there are no other comments, the proposed ordinance will be held over on second reading at the Council’s June 7, 2022 meeting. The Clerk read the following proposed ordinance on first reading by title only. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, APPROVING THE ESTABLISHMENT OF A SEPARATE SCHEDULE OF RATES AND CHARGES BY THE CITY OF MICHIGAN CITY, INDIANA, SANITARY DISTRICT FOR OWNERS OF PROPERTY AND USERS LOCATED IN A PORTION OF THE TOWN OF LONG BEACH, INDIANA, PREVIOUSLY INCORPORATED IN THE CITY OF MICHIGAN CITY, INDIANA, SANITARY DISTRICT Introduced by: Bryant Dabney Dalia Zygas Don Przybylinski President Deuitch asked if the sponsors had anything to add. Councilman D. Przybylinski advised that Attorney Meyer is present to answer any questions the council may have and will also be giving a brief explanation on the proposed ordinance and that Mike Milatovic Sanitary Manger is present to answer any questions as well. Councilman D. Przybylinski stated that he attended the last Sanitary District meeting where they adopted a resolution regarding this matter and that he still has a lot of questions and is sure all the other council members do as well. President Deuitch asked if there were any comments from the public. Attorney James Meyer representing the Sanitary District addressed the Council regarding the proposed ordinance; advising that this project has been discussed for several years, whether it would include the total town of Long Beach or just a portion of their town with the decision being up to the Town of Long Beach; that the portion that is Page 14 May 17. 2022 going to be serviced by the City Sanitary District has been incorporated into the Sanitary District which means they have jurisdiction over the property lots bordering the north and south shore of Lake Shore Drive; that there are three hundred and thirty(330) parcels that were incorporated and approximately 320 properties that either actually built on at this time and will be charged a “capital charge” is required in order to be able to pay the bond payments and to construct the project; advising that this was invested and calculated by Cender and Associates advising the rates are going to be for the capital charges in order for their to be sufficient revenue to these bond payments; and that even though the Sanitary District is technically the borrower of the money; there will be no monies used from the Sanitary District to pay this bond back and that the sole source of revenue to pay the bonds are the property owners on Lake Shore Drive and that Haas and Associates he design was completed and approved with plans and specification were let out for bid; advising only one bid was received and that was from Woodruff and Sons of 10 million dollars and is the reason why we are here today; that this is the first step with the their board making the initial recommendation to the city council to move forward to adopt a series of charges ; advising that the formal public hearing is going to be held on May 25th Sanitary District meeting. Attorney Meyer advised there is always capital charges with installing so there will be ongoing fees in this case because it is outside the city limits with these rates/charges will be approved in a resolution at the public hearing on May 25th; explaining the process and procedures to move forward and how the monies being received from the residents will pay for bond and everything associated with this project. Discussion ensued between Attorney Meyer and Council members Fitzpatrick, Dabney, Tillman, D. Przybylinski, and P. Przybylinski about why this project is being brought up now, what is the benefit of going forward with his project versus what they already have, properties on Lakeshore Drive that will be effected, capital cost to the residents in the Town of Long Beach with the town of Long deciding where they wanted the sewers to be located, how many residents out of 302 parcels were in support of this change, issues the elected town officials had to address and resolve, some parcels too small to build on, monthly payment of $280.00 for thirty years, why the town didn’t want their own utility district, the rates/user fees passed in 2012 for residents that live outside the Michigan City limits, sewer work that needs to be addressed within our own City limits, what financial gain is there for the City or Sanitary District on an annual basis, and is there liability to the City or the district during construction. President Deuitch stated that she would be calling a workshop to discuss this further. President Deuitch asked if there was anyone present from the Town of Long Beach or from the public that had any questions or comments at this time. Tom Stevenson, 2515 Lake Shore Drive, Long Beach shared some history regarding the proposed project that Indiana had previously requested a record setback off of the north side homes on Lake Shore Drive for the placement of septic’s; advising there are basically ten (10) to twelve (12) homes now have been impacted and have failed septic systems with a total of 290 homes on both the north and south side of Lake Shore Drive and that they are using the pump system explaining how this works for those residents; and that in 2018 the Town of Long Beach received a bid for the installation of sewers of three (3) million dollars and received one bid from Woodruff and Sons for twelve and half million dollars with us looking at approximately $300.00 per month for thirty (30) years. Ernie Hullahan, 302 Gladys Street, commented on the proposed project stating that it sounds like the thing to do if it would eliminate any more pollution going into our lake; questioning how many more employees would have to be hired at the Sanitary District for the additional work if we do this project. Attorney Harris stated that previously we had an annexation that was adopted and that we still had to wait thirty (30) days after the formal public hearing before it was adopted; Page 15 May 17. 2022 questioning Attorney Meyer if the formal public hearing on this project is on May 25th would the Council have to wait the thirty (30) days after the public hearing and this ordinance was adopted on June 7th ,would there be the same waiting period with Attorney Meyer advising that there isn’t a waiting period since it isn’t the Council’s public hearing. President Deuitch asked if there were any additional comments from the public, there was no response. President Deuitch asked if there were any questions or comments from the Council. Councilman P. Przybylinski commented on Mr. Stevenson’s statements; asking Attorney Meyer if there is a state law that you do not have to hook up to this sewer line if it is so many feet from your house and how many people have committed to this project. Attorney Meyer stated there is no requirements for a resident to hook up to the sewer line or not, they will have to pay the capital charge and only the capital charge; advising the district has no control of this sewer project; the Town of Long Beach votes as to whether the project should proceed. Attorney Meyer advised that the local capital charge calculated by Cender and Associates would be $247.90 with this money collected can only to be used to pay the bonds for thirty years stating that there will be two bonds one for the sewer project and one for the pump stations. President Deuitch asked if there were any other questions or comments from the Council, there was no response; stating that the proposed ordinance will be held over on second reading by title only. Attorney Meyer advised the Council that if they have any questions regarding the proposed project to feel free to contact him and to let him know when they are going to schedule the workshop to make sure everyone is there to answer any questions the public might have. The Clerk read the following proposed ordinance on first reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE LOCAL INCOME TAX (FORMERLY KNOWN AS CEDIT) FUND FOR ON-CALL ENGINEERING SERVICES WITH HAAS & ASSOCIATES Introduced by: Dalia Zygas (DECREASE Local Income Tax (LIT) Fund 2224 Unappropriated balance $50,000.00 INCREASE ACCOUNT#2224 114.431.020 $50,000.00 Other Services and Charges – Engineering Services) President Deuitch asked if the sponsor had anything to add this evening. Councilwoman Zygas stated that this for engineering services that need to be addressed for normal city business, that is additional appropriation is to hire Haas and Associates who has done a lot of good work for the City for many years; stating that she feels they are an appropriate firm to hire. President Deuitch asked if there were any comments from the public, there was no response. President Deuitch asked if there were any questions or comments from the Council. Page 16 May 17. 2022 Councilman P. Przybylinski asked if there was going to be a contract with Haas and Associates that if a council member has a question or issue they can call Haas and Associates and talk to whoever they wish to. Mayor Parry advised Councilman P. Przybylinski that there will be contact numbers issued and that this is something the city does every year, issuing contracts for two (2) or (3) engineering firms for professional services with no scope of work indicated so we can have someone to address an issue or question since we don’t have a City Engineer at this time. Councilman D. Przybylinski stated that he knows that Haas and Associates does a great job; asking Mayor Parry if the city went out to any other engineering firms to compare rates from what is being proposed by Haas and Associates; with the Mayor advising that we don’t have very many engineering firms in our city to reach out to; and is why we have hired Primera Engineering to address the work on the Double Track project. Councilman Simmons asked if this contract will be just a retainer. Attorney Harris advised that many communities handle engineering services this way and basically what they’ll do is they’ll approve a master service agreement which contains most of the provisions of their actual contract; stating as the need arises, they’ll issue a task order approving them to work on a specific project, so there may be several agreements in place with several engineering companies. Councilman P. Przybylinski asked that under this contract is there going to be a problem with a Council member asking a certain person that works at Haas and Associates. Councilman D. Przybylinski asked if Haas and Associates gets this contract and that we all know that the City’s former Engineer Jeff Wrights works there, that he and I were working on the city’s sidewalk project last year and gave him a ton of information regarding sidewalks that need to be repaired; asking if he could contact Mr. Wright to keep moving forward on this project, that this is a time sensitive project to try and get repairs done this year. Mayor Parry advised Councilman D. Przybylinski that he wouldn’t have to regenerate all that information that this information was saved, its usable and when this contract is approved, we can move forward; that Haas and Associates will hold all the liability responsibility legally; advising that as a protocol it would be best to call Mr. Haas and he will put you in contact with Mr. Wright. Councilman Dabney stated that he thinks the elephant is in the room and was just identified and that the former city engineer Jeff Wright with many of us on the council have issues of about $300,00 to $400,000 and us contracting this firm where he now is employed. Mayor Parry addressed the Council regarding Haas and Associate and Mr. Wright; stating that they have a staff of engineers, not just Mr. Wright. President Deuitch agrees with Councilwoman Zygas that she supports the proposed ordinance advising that she has known Tim Haas for a long time and knows his work, but will not support this if Mr. Wright is going to touch anything that has to do with any City matters; that she wants him banned from doing any work for our city. President Deuitch asked if there were any additional comments from the Council. Councilman P. Przybylinski made a motion to suspend the rules and have second reading this evening; with President Deuitch advising him that there has to be a formal public hearing on second reading at our next Council meeting on June 7, 2022; with Councilman P. Przybylinski failing. Page 17 May 17. 2022 President Deuitch stated that there are no further comments the proposed ordinance will be held over on second reading at our June 7, 2022 Council meeting. The Clerk read the following proposed ordinance on second reading by title only. AMENDING MUNICIPAL CODE SECTION 2-461 (B)(3) COMMONLY KNOWN AS THE SUSTAINABILITY COMMISSIONERS IN THE CITY’S ANNUAL SALARY ORDINANCE FOR THEIR SERVICES Introduced by: Bryant Dabney Michael Mack Dalia Zygas Angie Nelson Deuitch President Deuitch asked if any of the sponsors had anything to add. President Deuitch asked if there were any comments from the public, there was no response. President Deuitch asked if there were any comments from the Council. Councilman D. Przybylinski asked to be added as a sponsor to the proposed ordinance. Councilwoman Tillman stated that when we were working on the budget for this year, this came up in regards to the boards and commissions and their compensations; advising that not all boards and commissions received a annual salary for serving on those board and that she originally proposed that if we’re going to do this; not that it’s a question whether that particular board or commission is requesting to be paid to sit on that board or commission; stating that if we are going to pay that, it should be across the board; then we voted down for example, the boards and commissions where some secretaries were getting paid and some were not; stating that she believes this should be brought up during budget time not at this time. President Deuitch asked if there were any other comments from the Council, there was no response; stating that this ordinance will be held over on third reading at the June 7, 2022 Council meeting. The Clerk read the following proposed ordinance on second reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE BOARD OF PUBLIC WORKS & SAFETY OF THE GENERAL FUND TO PROVIDE MEMBERS OF THE MICHIGAN CITY SUSTAINABILITY COMMISSION WITH A MONTHLY PAYMENT FOR THEIR SERVICE ON THE COMMISSION Introduced by: Bryant Dabney Michael Mack Dalia Zygas (DECREASE General Fund #1001 Unappropriated balance $3,900.00 INCREASE ACCOUNT #1001 105 411.015 $3,900.00 Salaries & Wages – Boards & Commissions) President Deuitch asked to be added a sponsor to this ordinance. President Deuitch asked if there were any comments from the sponsors at this time, there was no response. President Deuitch advised that there will be a formal public hearing this evening; (repeating three times) “ Is there anyone from the public that wished to comment on the proposed ordinance”, there was no response and the public hearing was closed. President Deuitch asked if there were any comments from the Council. Page 18 May 17. 2022 Councilman D. Przybylinski asked if he could be added as a sponsor also. Councilwoman Tillman stated the unappropriated balance of $3,900.00 is to pay members of the Sustainability Commission $50.00 per month for thirteen members; advising that this should be brought forth during the budget hearing for 2023. Councilman P. Przybylinski stated that agrees with Councilwoman Tillman’s position that members of boards and commissions should all be paid, or they all shouldn’t be paid. Councilman Dabney read a list of other Boards and Commissions that do get compensated; Police Civil Service Commission, Board of Works and Safety, Cemetery Trustee, Licensing Board, Plan Commission, Zoning of Appeals, Fire Merit Commission, Human Rights Commission, Social Status for African American Males Commission, Tree Board, Police Pension, Park Board and the Women’s Commission and that there are many more that get compensated than not. President Deuitch asked if there were any other comments from the Council, there was no response; stating that this ordinance will be held over at the June 7, 2022, Council meeting. The Clerk read the following ordinance on second reading by title only. AMENDING ORDINANCE NO. 4598 COMMONLY KNOWN AS THE “2022 SALARY ORDINANCE” TO ESTABLISH A MONTHLY COMPENSATION FOR MEMBERS OF THE MICHIGAN CITY SUSTAINABILITY COMMISSION Introduced by: Bryant Dabney Michael Mack Dalia Zygas President Deuitch asked if any of the sponsors had anything to add, there were no responses. President Deuitch asked if there were any comments from the public, there was no response. Councilman D. Przybylinski asked to be added as a sponsor as well. President Deuitch asked if there were any comments from the Council, there was no response; stating that the proposed ordinance will be on third reading at the June 7, 2022 Council meeting. The Clerk read the following ordinance on second reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE ARP CORONAVIRUS LOCAL FISCAL RECOVERY FUND FOR UPGRADES TO THE SECURITY SYSTEM AT CITY HALL, CENTRAL SERVICES, CENTRAL MAINTENANCE, TO PAY FOR UPGRADES TO THE CITY’S CYBER SECURITY SYSTEM AND PURCHASE NECESSARY EQUIPMENT FOR THE CITY’S EMERGENCY MANAGEMENT VOLUNTEERS THROUGH THE MICHIGAN CITY POLICE DEPARTMENT Introduced by: Angie Nelson Bryant Dabney Dalia Zygas (DECREASE ARP Coronavirus Local Fiscal Recovery Fund 0176 Unappropriated balance $280,000.00 INCREASE ACCOUNT #0176 000 444.050 $161,000.00 Cap Outlay – Improvements Page 19 May 17. 2022 Other than Buildings INCREASE ACCOUNT #0176 000 439.090 $39,000.00 Other Services & Charges – Other Contractual Services INCRESAE ACCOUNT #0176 000 445.050 $80,000.00 Cap Outlay – Other Machinery & Equipment) President Deuitch asked if any of the sponsors had anything to add at this time, there was no response. President Deuitch stated that there will be a formal public hearing this evening (repeating three times) “Is there anyone from the public that wish to speak on the proposed ordinance”, there was no response, and the public hearing was closed. President Deuitch asked if there were any questions or comments from the Council. Councilman D. Przybylinski asked to be added as a sponsor to this ordinance. Councilman P. Przybylinski commented on the proposed cyber security and how important it is to the city questioning if we are allocating enough money for any proposal we’ve received regarding this security. Andy Metanic, Information Technology advised Councilman P. Przybylinski that they have not received any proposals and the reason is because we can get a very good base price for our equipment that we need off the Indiana Quantity Purchasing Agreement that the state has already went through the bidding process on a lot of the different equipment that we’re going to need and that we our in-house expertise from our cybersecurity staff. Discussion ensued between Mr. Metanic and Councilmen P. Przybylinski, Dabney and Fitzpatrick regarding the security of the system, cost, updated equipment changes, procedures, and the implementation of the Cyber Security. Councilwoman Zygas made a motion to suspend the rules and have third reading this evening, and second by everyone. The motion carried and the ordinance will be read on third reading this evening by the following vote: AYES: Council members Tillman, Dabney, Fitzpatrick Mack, Deuitch, D. Przybylinski, Simmons and Zygas (8) NAYS: Council member P. Przybylinski (1). The Clerk read the following ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4626 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE ARP CORONAVIRUS LOCAL FISCAL RECOVERY FUND FOR UPGRADES TO THE SECURITY SYSTEM AT CITY HALL, CENTRAL SERVICES, CENTRAL MAINTENANCE, TO PAY FOR UPGRADES TO THE CITY’S CYBER SECURITY SYSTEM AND PURCHASE NECESSARY EQUIPMENT FOR THE CITY’S EMERGENCY MANAGEMENT VOLUNTEERS THROUGH THE MICHIGAN CITY POLICE DEPARTMENT 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 fund security upgrades to City Hall, Central Services, and Central Maintenance, and to pay for upgrades to the City’s cyber security system, including providing employee training on said upgrades, and to purchase a 4WD crew cab pickup truck, a side-by-side UTV, and equipment for vehicles for the City’s Emergency Management Volunteers, by and through the Michigan City Police Department to be funded by monies the City received from the American Rescue Plan (ARP); and Page 20 May 17. 2022 WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the ARP Coronavirus Local Fiscal Recovery Fund #0176 to be appropriated for that purpose. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, La Porte County, Indiana, that for the expenses of the City the following additional sums of money are hereby appropriated out of the fund named and for the purpose specified above, subject to the laws governing the same: AMOUNT AMOUNT REQUESTED APPROPRIATED DECREASE ARP Coronavirus Local Fiscal Recovery Fund 0176 Unappropriated balance $280,000.00 INCREASE ACCOUNT #0176 000 444.050 $161,000.00 Cap Outlay – Improvements Other than Buildings INCREASE ACCOUNT #0176 000 439.090 $39,000.00 Other Services & Charges – Other Contractual Services INCRESAE ACCOUNT #0176 000 445.050 $80,000.00 Cap Outlay – Other Machinery & Equipment TOTAL FOR FUND $280,000.00 This Ordinance to be effective upon passage by the Council, approval by the mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Angie Nelson Deuitch, Member Michigan City Common Council INTRODUCED BY: /s/ Bryant Dabney, Member Michigan City Common Council INTRODUCED BY: /s/ Dalia Zygas, Member Michigan City Common Council INTRODUCED BY: /s/Don Przybylinski, Member Michigan City Common Council President Deuitch asked if there were any comments from any of the sponsors, there was no response. President Deuitch asked if there were any questions or comments from the public, there was no response. President Deuitch asked if there were any other comments from the Council. Councilman P. Przybylinski thanked Captain Jeff Loniewski for the transparency for getting the proposed breakdown of the equipment they are requesting. Councilman Dabney made a motion to approve the proposed ordinance, second by Councilman Fitzpatrick. The proposed ordinance was approved by the following vote: AYES: Council members Dabney, Fitzpatrick Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P.Przybylinski, and Tillman (9) NAYS: Council member None (0). Page 21 May 17. 2022 NEW BUSINESS President Deuitch asked if there was any new business this evening, there was no response. UNFINISHED BUSINESS NOMINATIONS: Vice President D. Przybylinski advised the Council has the following appointments to the Commission of the Social Status of African American Males (term expired 2/15/22) Incumbents: Ms. Albertine Allen – Minority Health Partners of LaPorte County (resigned) Dr. Wendall McCollum- MCAS President Deuitch advised that Councilwoman Tillman is working on filling these positions and amending their ordinance. COMMENTS FROM THE PUBLIC President Deuitch asked if there were any comments from the public at this time. Tommy Kulavik, 1316 Ohio Street, stated that as we are updating our IT system, we need to start with the Michigan City, Indiana’s web page. Brian Gross, 830 W. 6th Street, addressed the Council regarding issues about the timeframe on getting a building permit for a small industrial business that he spoke about at this issue at a Council November meeting and spoke to the Mayor after the meeting; advising that he has never got any response from anyone and that he would expect more from this administration and the inspection department, it isn’t happening; stating several concerns regarding communication, explanations, and not returning calls. Councilman Fitzpatrick asked Mr. Gross to stay, and he would speak to him after the meeting. President Deuitch asked if there were any other comments from the public, there was no response. COMMENTS FROM THE COUNCIL President Deuitch asked if there were any comments from the council. Councilman Simmons stated that he whole heartily agrees with Mr. Gross, that he has noticed personally that through my constituents throughout we do a terrible job in getting back to citizens complaints even at simple complaints; explaining last week he had gotten three (3) emails back and forth advising that they get in touch with them and they are still waiting for a response, that there is a lot of frustration in this world and we need to address it; asking how difficult is it to give a personal call back, advising that he gets call every week saying the same thing “ I called left a message and nobody responded” so sad. Page 22 May 17. 2022 Councilman Simmons congratulated Shady Creek on their grand opening and what a beautiful winery encouraging everyone of to go out visit and support a local business that it is a showpiece. Councilwoman Zygas agreed with Gene about Shady Creek and what a beautiful place it is inviting everyone to stop out there. Councilwoman Zygas stated that the Indiana Birding Festival was this weekend at the Indiana Dunes with 650 people attending from 31 states; wanting to brainstorm to see how we can get more people over to Michigan City during that festival; that it was announced that Michigan City is a bird town in Indiana (Bird City, Indiana). Councilman Mack commented on the field house petition that was brought to the Council this evening; stating that on May 25, 2022 at the Hope Center at 5:30 there will be having a community building series with the first meeting is to get the discussion going regarding bringing a “Field House” to Michigan City. Councilman D. Przybylinski agreed also with Councilmembers Zygas and Simmons that Shady Creek is a showcase is what it is; that their grand opening was spectacular and will be going back soon, thanking the Schwartz family for what they have created. Councilman D. Przybylinski commented on the CSX crossing at Tilden Avenue and Ohio Street advising this has been a big issue within out community for the last six or seven months; stating the good news CSX will be working on both crossings should be repaired and completed by the end of this week giving a shout out to a gentleman that works for U.S. Senator Bronze Office Tony Ferraro who helped him get this project moving. Councilman P. Przybylinski gave Kudos to Councilman D. Przybylinski for his tenacity on these crossing because he was the one that instrumented the call to the Senator, thank him again for what he did to get these CSX crossing repaired. Councilman P. Przybylinski commented on all the streets that are closed within our city complaining about the detour signs and how they directing traffic down Washington Street; advising that this would be an opportune time to do a traffic study that hasn’t been done and they he spoke with Planning Director, Skyler York about a year ago to implement this and it hasn’t been done but was told that NICTD had the study done and they have it. Councilman P. Przybylinski commented on the grass being cut and trimmed for Memorial Day weekend. Councilman P. Przybylinski addressed the comments that Mr. Gross stated that the Planning and Code Enforcement Department should be working with him with what they are wanting him to follow to move forward on his building permit and that someone is failing in this administration when it some to these codes and that we need to schedule a workshop on the “joint planning ordinance” for our city to these issues amended. Councilman P. Przybylinski thanked all the veterans of every service branch that have served our country and their families for all they’ve done for our country. Councilman D. Przybylinski commented on Memorial Day coming soon asking everyone to fly their American flag on their house to honor all the veterans that have served our country and have sacrificed for our country to be able to enjoy the life we have in our country. Councilman D. Przybylinski thanked Councilman P. Przybylinski for his Kudos on getting the CSX Crossing on Ohio Street and Tilden Avenue repaired and completed. President Deuitch thanked Councilman D. Przybylinski for everything he did to get the CSX crossing at Tilden Avenue and Ohio Street. Page 23 May 17. 2022 President Deuitch commented about individuals just stating statements of facts don’t define people and when I say something it is because someone did something deafening the city and our money. President Deuitch stated that she has been to many wineries and that this winery we have here is destination location and is hands down better than any winery in Michigan or the Midwest. President Deuitch advised that the (old “K & M”) grocery store at Eastgate Plaza is having their soft grand opening on May 28, 2022 at 10:00 a.m. asking everyone to support them that there are no grocery stores on the eastside of town with this being an asset. ADJOURNMENT A motion by Councilman Fitzpatrick, second by Councilman P. Przybylinski and there being no further business to transact, President Deuitch declared the meeting ADJOURNED (approximately 9:18 p.m.) _______________________________ Gale A. Neulieb