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City Council

Regular Meeting

Michigan City, IN · September 20, 2022

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Minutes

Page 1 September 20, 2022 REGULAR “HYBRID/ZOOM” MEETING September 20, 2022 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, September 20, 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 Vice President D. Przybylinski. 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 (zoom), Don Przybylinski, Gene Simmons, Dalia Zygas, Paul Przybylinski, and Tracie Tillman (zoom) (9). ABSENT: COUNCIL MEMBERS None (0). A QUORUM WAS NOTED PRESENT ALSO, PRESENT: Council Attorney Jewel Harris, Gale Neulieb City Clerk. APPROVAL OF MINUTES Vice President D. Przybylinski stated that we will be approving the Regular “Hybrid/Zoom” Meeting Minutes that were held on September 6, 2022; asking if anyone had any additions, deletions or corrections at this time, there was no response. Councilman Dabney made a motion to approve the minutes of the “Hybrid/Zoom”, regular meeting held on September 6, 2022; a second was made by Councilman P. Przybylinski. The motion carried and the minutes from the September 6, 2022 meeting were 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). REPORTS of STANDING COMMITTEES Vice President D. Przybylinski asked if there were any reports of standing committees, there was no response. FINANCE REPORT Vice President D. Przybylinski asked Finance Chair Tracie Tillman if she had anything to report on this evening. Page 2 September 20, 2022 Councilwoman Tillman stated the Finance Committee did a final wrap up with the Sanitary Department and they addressed the questions that the committee received from them; commenting on the City’s Finance Committee meeting held on September 6, 2022 (due to a family emergency was unable to stay) was carried out by Councilman P. Przybylinski and that in regards to the Riverboat fund # 2042 claim docket in the amount of $17,753.26 was approved during the September 6th Council meeting with a vote of 7 - 0. Councilman Tillman advised that this evening we are going to be on second reading for the City’s 2023 budget and will make amendments when read. CLAIMS DOCKET Vice President Przybylinski stated there were no claims for the September 20, 2022, from the Riverboat Fund #2042 or the Boyd Development fund #2031. September 20, 2022 September 20, 2022 Fund #2042 – Riverboat – Claims - $ 00.00 EFT $ 00.00 Fund #2031 – Boyd Development - $ 00.00 EFT $ 00.00 TOTAL CLAIMS $ 00.00 REPORTS OF SPECIAL or SELECT COMMITTEES Vice President D. Przybylinski asked if there were any reports of standing committees, there was no response. REPORTS FROM THE MAYOR OR OTHER CITY OFFICERS AND DEPARTMENTS Vice President D. Przybylinski asked if there were any reports from the mayor or other city officers and departments, there was no response PETITIONS Vice President D. Przybylinski asked Clerk Neulieb if there were any petitions. Clerk Neulieb stated that there are no petitions this evening. COMMUNICATIONS Vice President D. Przybylinski asked if there was any correspondence received in the Clerk’s Office for the Council. Correspondence was received in the Clerk’s Office from Attorney Harris Law Firm regarding concerns of the Council’s lack of authority to enact Ordinance No. 4637 & 4638 Councilman P. Przybylinski asked for this letter to be read in its entirety for the record Page 3 September 20, 2022 Clerk Neulieb reading the letter received in its entirety as follows. To: Attorney James B. Meyer, representing the Sanitary Districts RE: Michigan City Common Council Ordinance Nos. 4637 and 4638 Dear Attorney Meyer: Please be advised that I am in receipt of your correspondence to the Board of Commissioners of the Michigan City Sanitary District dated September 6, 2022. In your memo, you express concern regarding the Michigan City Common Council’s lack of authority to enact Ordinances 4637 and 4638 as they represent an attempt by the Council to limit the authority of the Michigan City Sanitary District Board of Commissioners. Having reviewed your memo and researched and relevant statutes, it is my opinion that the City Council does indeed have the authority to adopt Ordinances 4637 and 4638. Under Indiana home rule statute, the City has both the powers granted expressly to it by statute and “all other powers necessary or desirable in the conduct of its affairs, even though not granted by statute.” I.C.36-1-3-4. Further, “any doubt as to the existence of a power of a (municipality) shall be resolved in favor of its existence. “I.C. 36-1-3-3. Therefore, in light of the fact that there is no state that specifically restricts the City Council’s ability to limit the Sanitary Board’s discretion, the City Council retains that power. It is worth nothing the Council is taking this position as it leads to a more cohesive approach to providing city services and managing the costs associated therewith. Should you wish to discuss these matter in more detail, please do not hesitate to contact me. Very truly yours, HARRIS LAW FIRM, P.C. Attorney for the Michigan City Common Council Jewell Harris, JR. Correspondence was received in the Clerk’s Office on September 15, 2022 from Mayor Parry vetoing Ordinance No. 4637 AMENDING SEC. 98-85 OF THE MICHIGAN CITY MUNICIPAL CODEKNOWN AS ADDITIONS TO THE SANITARY DISTRICT TO AMEND THE ANNEXATION CONDITIONS AND PROCEDURES Vice President D. Przybylinski stated the council received a letter from Mayor Parry advising the council why he was vetoing these two (2) ordinances. Vice President D. Przybylinski asked if the Council had anything to add at this time. Councilman Fitzpatrick made a motion to override the veto, motion was second by Councilman P. Przybylinski. Vice President D. Przybylinski asked if there were any questions or comments from the public. Roberta Lee Conover, 224 ½ W. 10th Street address the council regarding the $500,000 the Town of Long Beach owes the City for the Lakeshore Drive sewer project. Discussion ensued between Ms. Conover and Council members Deuitch, D. Przybylinski, Fitzpatrick, and Dabney regarding the project and how much the Town of Long Beach owes the Sanitary District. Page 4 September 20, 2022 The motion carried to override Ordinance No. 4637 by the following vote: AYES: Council members Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, and Fitzpatrick (9) NAYS: Council member None (0). Correspondence was also received from Mayor Parry vetoing Ordinance No. 4638 CREATING SEC. 98-86 AND SEC. 98-87 IN THE MICHIGAN CITY MUNICIPAL CODE TO ESTATBLISH THECONDITIONS AND PROCEDURES FOR ADDITIONS TO THE SANITARY DISTRICT. The motion carried to override Ordinance No. 4638 by the following vote: AYES: Council members Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, and Mack (9) NAYS: Council member None (0). Correspondence was received in the Clerk’s Office on September 14, 2022 from Attorney Guy S DiMartino, PC regarding an accident with an MCPD vehicle RESOLUTIONS The Clerk read the following resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION 4855 A RESOLUTION INCREASING AND DECREASING CERTAIN APPROPRIATIONS WITHIN THE BUDGET OF THE CITY HALL DEPARTMENT OF THE GENERAL FUND #1001 FOR THE YEAR 2022 IN MICHIGAN CITY, INDIANA WHEREAS, there exists certain circumstances within the budget of the City Hall 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 2022. 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 City Hall of the General Fund of the City, the Common Council approves the following transfer of appropriations, as listed, to-wit: CITY HALL DEPARTMENT OF THE GENERAL FUND #1001 DECREASE: A/C #1001 109 411.013 Salaries & Wages Regular $10,000.00 A/C #1001 109 422.031 Operating Supplies Household $ 3,211.00 INCREASE: A/C #1001 109 436.010 Repairs & Maintenance - Building $13,211.00 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 Vice President D. Przybylinski asked if the sponsor had anything to add. Councilman Dabney stated that this is a transfer of $13,211.00 within the City Hall’s Page 5 September 20, 2022 general fund and is not asking for any additional funds for a project being done. Vice President D. Przybylinski asked if there were any comments from the public, there was no response. Vice President D. Przybylinski asked if the Council had any questions or comments. Councilman D. Przybylinski asked what exactly the transfer is being used for. Yvonne Hoffmaster, City Controller advised that this transfer in the City Hall Building fund is to replace the carpet in the suites upstairs in city hall; that the carpeting is over twenty years old, attesting that the condition of the carpet is bad and a safety hazard to our employees. Councilman D. Przybylinski stated that he walked around city hall in each suite and didn’t think the carpet was dirty but and needs to be cleaned but didn’t think it needed to be replaced at this time; asking what the total cost of this project was. Controller Hoffmaster advised the cost of the carpet is a little over $40,000. Councilman Dabney made a motion to approve the transfer in the amount of $13,211.00, second by Councilman Fitzpatrick; with the motion being approved by the following vote: AYES: Council members Deuitch Simmons, Zygas, Dabney, Fitzpatrick, and Mack (6) NAYS: Council member D. Przybylinski, P. Przybylinski, and Tillman (3). Vice President D. Przybylinski stated that the proposed ordinance was placed at each council members seat; asking if there was no objection, he would like to add this to the agenda on first reading; that Skyler York Planning Director is present to explain what the ordinance is and why we need to move forward in timely manner. Councilwoman Deuitch made a motion to wave the rules and have first reading on the proposed ordinance that she is sponsoring for the amended FEMA floodplain, second by Councilwoman Tillman. The motion carried and was approved to have the proposed ordinance on first reading AYES: Council members D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, and Deuitch (9) NAYS: Council member None (0). Vice President D. Przybylinski asked Clerk Neulieb to read the proposed ordinance on first reading. The Clerk reading the following proposed ordinance on first reading by title only. REPEALING AND REPLACING ARTICLE VIII IN CHAPTER 46 IN THE MICHIGAN CITY MUNICPAL CODE COMMONLY KNOWN AS THE “FLOODPLAINS” INTRODUCED BY: Angie Nelson Deuitch Vice President D. Przybylinski asked if the sponsor had anything to add at this time. Councilwoman Deuitch advised that every few years we have to update and amend the floodplain plan ordinance; advising that this is an existing ordinance that the city has been following and needs to adopt the proposed ordinance by September 29, 2022 to make sure our residents have a floodplain ordinance adopted when they file an insurance claim, or if something happens that they aren’t able to be compensated for any losses and what has happened is over the course of the transition between emails were being sent to former employees and is the reason we have a hard deadline so there is no laps our deadline is September 29, 2022 and is detrimental to our residents that reside in those floodplains. Page 6 September 20, 2022 Councilwoman Deuitch advised that this council will be holding a “Special Meeting” at the beginning of this next week to move forward and get this ordinance adopted so there is no lap; stating the Skyler York City Planner is present to explain about what the changes are. Vice President D. Przybylinski asked if there were any questions or comments from the public. Skyler York, City Planner addressed the Council regarding the proposed ordinance explaining that this is the same ordinance that is existing today which has been created by DNR and FEMA and has added a coastal flood zone section addressing flooding not located near or around the ocean. Discussion ensued between Mr. York and Council members Fitzpatrick and P. Przybylinski regarding Michigan City limits having a buffer along the lake which protects a lot of our coastal area that are prone to flooding, not allow digging out and ruin this nature, the correction of Chaney Run, flood insurance. ORDINANCE The Clerk read the following proposed ordinance on first reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE PLANNING AND INSPECTION DEPARTMENT OF THE GENERAL FUND TO FUND THE LEASE OF NEW VEHICLES Introduced by: Angie Nelson Deuitch (DECREASE General Fund # 1001 Unappropriated balance $34,000.00 INCREASE ACCOUNT #1001.106.439.090 $34,000.00 Other Services & Charges Other Contractual Services) Vice President D. Przybylinski asked if the sponsor had anything to add. Councilwoman Deuitch advised the $34,000 in this proposed ordinance is the amount received for the trade in value of the vehicles they had previously traded in by the Planning/Inspection Department to lease new vehicles; and to make it cleaner instead of having a credit with the dealership the City received a check in this amount with it being deposited into the unappropriated balance fund and are requesting the $34,000 for the trade in vehicles be transferred to pay for the new leased vehicles for the remaining time of the lease contract. Vice President D. Przybylinski asked if there were any questions or comments from the public. Tommy Kulivak, 1316 Ohio Street stated that he knows the council must approve this but don’t let the mayor drive any of the inspection vehicles. Vice President D. Przybylinski asked if the Council had any questions or comments at this time, there was no response; stating that this ordinance will be held over on second reading at the October 4, 2022 Council meeting. The Clerk read the following proposed ordinance on first reading by title only. Page 7 September 20, 2022 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE DEA FORFEITURE FUND TO FUND PURCHASE OF CARGO VAN Introduced by: Angie Nelson Deuitch (DECREASE DEA Forfeiture Fund #2337 Unappropriated balance $55,000.00 INCREASE ACCOUNT #2337 000.445.020 $55,000.00 Capital Outlay – Other Machinery & Equipment – Motor Equipment) Vice President D. Przybylinski asked if the sponsor had anything to add. Councilwoman Deuitch advised that this is a specialized fund with the police department and will replace the patty wagon they have now that is in bad shape. Vice President D. Przybylinski asked if the public had any questions or comments. Tommy Kulivak, 1316 Ohio Street, advised that he saw the Patty Wagon at the Wolves football game last week and he was glad they are replacing it, that it is in very poor condition and needs to be replaced. Vice President D. Przybylinski asked to be added as a Co-sponsor to this ordinance. Vice President D. Przybylinski asked if there were any comments from the council, there was no response; stating the ordinance will be held over on second reading until the October 4, 2022 Council meeting. The Clerk read the following proposed ordinance on first reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE GENERAL FUND FOR LEGAL EXPENSES FOR THE CITY’S ESPLANADE Introduced by: Dalia Zygas (DECREASE General Fund #1001 Unappropriated balance $175,000.00 INCREASE ACCOUNT#1001 112.431.010 $175,000.00 Professional Services – Legal) Vice President D. Przybylinski asked if the sponsor had anything to add at this time. Councilwoman Zygas stated this issue needs to be completed and move forward. Vice President D. Przybylinski asked if there were any comments from the public, there was no response. Vice President D. Przybylinski asked if the council had any questions or comments. Councilwoman Deuitch asked with adding this new amount of $175,000 advising there is a balance of $13,000 left from the first amount that was appropriated for $175,000; if anyone can give a timeframe about how long this is going to continue on till. Vice President D. Przybylinski stated that no one has an answer at this time and that our Attorney will address the attorneys working on these legal issues regarding the esplanade. Councilman P. Przybylinski stated that the council needs to have an Executive Session with our City Legal Department to find out how many tort claims and lawsuits are pending in our liability. Vice President D. Przybylinski asked if there were any other comments from the council, there was no response; stating that the proposed ordinance will be held over on second reading at our October 4, 2022 council meeting. Page 8 September 20, 2022 The Clerk read the following proposed ordinance on second reading by title only. AMENDING MUNICIPAL CODE SECTION 22-606 REGARDING THE RATE OF PAY FOR THE LICENSING BOARD MEMBERS Introduced by: Angie Nelson Deuitch Dalia Zygas Vice President D. Przybylinski asked if either of the sponsors had anything to add. Councilwoman Zygas stated that this will bring the pay for the members of the Licensing Board to the same pay as all City Boards and Commission members receive. Vice President D. Przybylinski asked if anyone from the public wished to speak on this ordinance, there was no response. Vice President D. Przybylinski asked if the Council had any comments. Councilwoman Deuitch made a motion to wave the council rules to have second and third reading this evening, second by Councilwoman Tillman; the motion carried to have second and third reading this evening by the following vote: AYES: Council members Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, Deuitch, and D. Przybylinski (9) NAYS: Council member None (0). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4644 AMENDING MUNICIPAL CODE SECTION 22-606 REGARDING THE RATE OF PAY FOR LICENSING BOARD MEMBERS WHEREAS, pursuant to Sec. 22-606, members of the Licensing Board are compensated in the amount of $25.00 per meeting; and WHEREAS, other boards/commissions, such as the Plan Commission, Board of Zoning Appeals, Human Rights Commission, Social Status of African American Males, Women’s Commission, Tree Board, and Sustainability Commission are compensated in the amount of $50.00 per meeting; and WHEREAS, the Common Council finds that it is in the best interest to amend Sec. 22- 606 to amend the rate of pay for licensing board members to $50.00 per meeting. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana that Section 22-606 of the Michigan City Municipal Code shall be amended to now read as follows: Compensation of appointed members to the licensing board shall be $50.00 per member per meeting attended. This Ordinance to be effective upon passage by the Council and approval by the Mayor. INTRODUCED BY: /s/Angie Nelson Deuitch, President Michigan City Common Council INTRODUCED BY: /s/Dalia Zygas, Member Michigan City Common Council Page 9 September 20, 2022 Vice President D. Przybylinski asked if either of the sponsors had anything to add, there was no response. Vice President D. Przybylinski asked if there were any comments from the public, there was no response. Vice President D. Przybylinski asked if the Council had anything to add at this time. Councilwoman Deuitch made a motion to adopt the proposed ordinance, second by Councilwoman Tillman. The motion carried and the proposed ordinance was approved 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 proposed ordinance on second reading by title only. ORDINANCE OR RESOLUTION FOR APPROPRIATION AND TAX RATES Introduced by: Tracie Tillman Sean Fitzpatrick Paul Przybylinski Bryant Dabney Vice President D. Przybylinski asked if any of the sponsors had anything to add. Councilwoman Tillman advised that when the Finance Committee had their wrap up meeting there were no recommendations and currently since then there has been recommendations in the proposed ordinance. Vice President D. Przybylinski advised that we will open the formal public hearing at this time (with this being posted on Gateway”); repeating three times “Is there anyone from the public that wish to speak on the proposed ordinance at this time”, there was no response, and the formal public hearing was closed. Vice President D. Przybylinski asked if there were any comments or questions from the council. Clerk Neulieb advised Councilwoman Deuitch that each council member received a hard copy this evening of the following proposed amendments from Councilwoman Tillman. Councilwoman Tillman made a motion to amend (1) Fund #0101 – General Fund in the 2023 budget estimate amend from $30,200,478.00 to $29,350,000.00. A difference of $850,478.00, second by Councilwoman Deuitch. Vice President D. Przybylinski asked if there were any questions or comments from the public, there was no response. Vice President D. Przybylinski asked if the Council had any comments or questions. Councilman Dabney advised that he sees what is being done and he doesn’t see a point where it’s coming from; asking we’re going to cut from 30 million to 29 million dollars with a difference of $850,000; asking who is making these cuts. Councilwoman Deuitch stated that she is assuming that is the City’s Administration’s go ahead. Page 10 September 20, 2022 Councilwoman Tillman agreed that this will be on the city’s administration; as we have been told to us from the administration prior to budget hearings that they have the experience, and know what is needed to operate and what the departments will need on a daily basis; stating with these cuts they should be able to gate for each department and how to run the city. Councilman Dabney questioned if this is how the following amendments were arrived at, so he doesn’t ask the same question after each amendment; with Councilwoman Tillman advising, “yes”. Councilman Mack advised that he didn’t have time to look at his email, since he worked all day, questioning if the email included the basis for the cuts and where the cuts were coming from. Councilwoman Tillman advised that these cuts and recommendations began when we started our budget hearing workshops; this was the consensus of information that we obtained and gathered from the controller’s office and took in the consideration the letters that went out to all departments asking their needs and wants that were returned back to the Council’s Finance committee members; stating again that this would something that the administration should be able to navigate through to make the necessary appropriations that would be needed for each department. Councilwoman Deuitch stated that she will be supporting this because this is to the general fund; advising that this administration was going to deplete the general fund by the end of next year (2023) and that she feels that if there is another issue or an emergency like covid which was devastating; we want to make sure as the fiscal responsible parties for the city that we don’t go into our reserves. Councilman P. Przybylinski commented on going through the 2023 budget hearings and the workshop addressing what the city’s responsibility for the fiscal plan (water/sewer) is going to cost for the annexation of the 426 acres on the east side of our city that was just adopted. Councilman Dabney stated that he is looking over the amendments and that none of these are cuts a Council’s Finance Committee has ever made before; explaining how budget hearings were done in the past and how they only presented proposed salary cuts to the Council; that cuts should be identified and reviewed with the different departments and now we are making cuts and sending it back to the administration; explaining again the process of how a budget should be done and that he knows the Controller’s Office can do it, but is sad that this is being done this way. Councilwoman Deuitch stated that it’s statutorily, we don’t have to follow that process but her concern was she didn’t want to cut the wrong thing from a department, that she would rather see the administration talk with their own department heads and prioritize those items with them; instead of this council cutting one thing from a department and it is an item they need and the department heads which they did a great job filling out the forms for this council regarding their needs and wants. Vice President D. Przybylinski stated that he knows what Councilman Dabney is talking about; that when he was on the Finance Committee with Councilman Dabney that was the way the budget was proposed and that was the past and this finance committee decided they want to do it this way; advising that he has a concern with the amount of money that is going to be left in the general fund that was proposed for the 2023 budget by the mayor; commenting on the cost of the fiscal plan that the city has to address to the new annexed land of 426 acres; agreeing with this amendment. Vice President D. Przybylinski asked if there were any other council comments, there was no response. There is a motion on the floor to amend Fund 0101 of the General Fund from $30,200,000.00 to $29,350,000.00 with a difference of $850,478.00 and second with Page 11 September 20, 2022 this amendment being approved 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). Councilwoman Tillman made a motion to amend (2) Fund 0005 – Riverboat Fund in the 2023 budget estimate from $10,081,550.00 to $6,081,550.00. A difference of $4,000,000.00, second by Councilman P. Przybylinski. Vice President D. Przybylinski asked if there were any questions or comments from the public on the proposed amendment, there was no response. Vice President D. Przybylinski asked if the Council had any questions or comments at this time. Controller Hoffmaster advised Councilman Mack of the expectation of the monies they we’re planning or estimating and would be receiving from the Riverboat an estimated 9.9 million dollars and anticipate a little over 5 million balance at the end of this year. Controller Hoffmaster advised Councilwoman Deuitch that the amount wouldn’t change in the budget that they would still put 25% into the Rainy-Day Fund. Controller Hoffmaster advised Councilwoman Deuitch there are a couple large projects being proposed in 2023 with those departments having to come to the council for their approval of an additional appropriation and that there are no monies coming out of the Riverboat fund for salaries. Vice President D. Przybylinski asked if there were any other questions or comments from the council, there was no response. A motion and second was made to amend (2) Fund 0005 – Riverboat Fund in the 2023 budget estimate from $10,081,550.00 to $6,081,550.00. A difference of $4,000,000.00, second by Councilman P. Przybylinski and was approved by the following vote: AYES: Council members Tillman, Fitzpatrick, Deuitch, D. Przybylinski, Simmons and P. Przybylinski (6) NAYS: Council member Dabney, Mack, and Zygas (3). Councilwoman Tillman made a motion to amend (3) Fund 9513 – LIT Public Health in the 2023 budget estimated from $800,000.00 to $400,000.00 or more. A difference of $400,000.00, second by Councilman P. Przybylinski. Vice President D. Przybylinski asked if there were any questions or comments from the public, there was no response. Vice President D. Przybylinski asked if anyone from the Council had any questions or comments. Councilman Dabney stated that he voted “I” for this ordinance when he said he should have voted against it due to not knowing where these monies are going to be spent and what cuts are going to be proposed. Councilwoman Deuitch stated that she has a technical question from Attorney Harris; that when we come back for our next reading, we already voted to have amendments on third reading; wanting to schedule a workshop after these cuts have been done because she wants to make sure our City employees aren’t being impacted by the cut. Vice President D. Przybylinski asked since we want to amend the LIT tax from $800,000 to $400,000 the balance left will be $400,000 and we will put that into the Riverboat; with Councilwoman Tillman answer “yes”. Page 12 September 20, 2022 Councilwoman Tillman advised that hopefully by the end of this year going into 2023 an increase of the LIT public health and safety, that the purpose being proposed is not to deplete the LIT fund; advising there will be graphic news that will increase that amount. The motion to amend Fund 9513 – LIT Public Health to amend 2023 estimate from $800,000.00 to $400,000 or more. A difference of $400,000.00. was approved by the following vote: AYES: Council members Fitzpatrick, Deuitch, D. Przybylinski, Simmons, and P. Przybylinski (6) NAYS: Council member Dabney, Mack, and Zygas (3). Attorney Harris advised that since we haven’t moved forward to the next ordinance someone can make a motion to be able to do amendments on third reading on the following proposed ordinance: “ORDINANCE OR RESOLUTION FOR APPROPRIATION AND TAX RATES” Councilman Przybylinski made a motion to be able to make amendments on third reading at the October 4, 2022 Council meeting to this proposed ordinance. “ORDINANCE OR RESOLUTION FOR APPROPRIATION AND TAX RATES”, second by Councilwoman Deuitch. The motion carried and was approved to have amendments on third reading to the proposed ordinance “ORDINANCE OR RESOLUTION FOR APPROPRIATION AND TAX RATES” by the following vote: AYES: Council members Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, and Dabney (9) NAYS: Council member None (0). The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE SETTING SALARIES AND WAGES FOR APPOINTED OFFICIALS AND EMPLOYEES OF THE CITY OF MICHIGAN CITY, INDIANA, FOR THE CALENDAR YEAR 2023 Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick Vice President D. Przybylinski asked if the sponsors had anything to add. Councilman P. Przybylinski made a motion to be able to have amendments on third reading on this proposed ordinance, second by Councilman Fitzpatrick. The motion carried to have amendments to this proposed ordinance on third reading by the following vote: AYES: Council members Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, and Fitzpatrick (9) NAYS: Council member None (0). Councilwoman Tillman made a motion to amend the (6) Mayor’s administrator from $59,160.00 to $53,500.00 (being a 2% increase), second by Councilman P. Przybylinski. Vice President D. Przybylinski asked if there were any questions or comments from the public on the amendment, there was no response. Vice President D. Przybylinski asked if there were any questions or comments from the Council. Councilman P. Przybylinski advised that we’re trying to stay at a 2% raise, a guideline that has been proposed by the administration for several employees. Page 13 September 20, 2022 Councilwoman Deuitch asked where these cuts came from that she didn’t have any information about them until now. Councilman Mack also stated that he was at work and didn’t get a chance to look at his emails asking where these cuts are coming from, that this is not the future; advising in his opinion is not to minimize but should be to maximize and try to get the best people in some of these positions as we can; stating that he would not be voting in favor of what is being proposed. Councilman Dabney asked that everyone is going to get a 2% raise moving forward on the 2023 budget and correct me if I’m wrong. Councilwoman Tillman advised the 2% was recommended from the administration for our employees; stating that she does concur with what Councilman Mack said and totally agrees that our administration and department heads in these positions were an astronomical increase last year, but yet we’re only approving a 2% pay raise for our hourly employees who actually are out in the fields doing all the hard work; that 2% should have been increased to at least 6%; but it is ok for the Mayor Administrator to get a much higher increase; that is an insult. Discussion ensued between Councilwoman Tillman and Council members Zygas, D. Przybylinski, Deuitch, Fitzpatrick, Simmons, regarding the 2% increases being proposed to the hourly employees, employees that received astronomical increases in the 2022 budget, understanding the list that was received regarding the proposed decreases and deletions to the proposed 2023 salary ordinance, recommendations presented at the last Finance Workshop, the adoption of the maximum amount of the request by the administration for hourly employees in 2022 unlike what we did with salaried employees, not enough time to review proposed amendments received this evening from the Finance Committee. Councilwoman Tillman withdrew her motion to decrease the City’s Administrator proposed increases at this time. Councilman P. Przybylinski (tentatively) removed his motion to decrease the City’s Administrator proposed increase at this time. Attorney Harris advised Councilwoman Deuitch that it was approved this evening to have amendments to this proposed ordinance on third reading. Councilwoman Tillman stated that she doesn’t have any other amendments at this time. Councilman Dabney commented for the public’s knowledge and is having trouble himself understanding some of the process that is being addressed this evening in regards to the proposed 2023 budget; he explained to the public about how last year’s budget for hourly and salaried employees was adopted and what is being proposed for 2023 budget by Mayor Parry, and what was addressed during the 2023 finance budget hearings. Councilman P. Przybylinski made a comment in reference to Councilman Dabney’s statement that was just made about the individual that received a 90% increase last year. Councilwomen Tillman and Zygas stated that we did have an excellent chart prepared by Ms. Smith from the Controller’s Office at our last workshop. Councilman Dabney commented that there seems to be a correlation between proposed salary and hourly increases; with this council being the fiscal controlling body, it would seem we should be consistent of how we do procedures every year; and what is being proposed and the direction that is being taken. Page 14 September 20, 2022 Councilwoman Tillman advised Councilwoman Zygas that she only has two (2) amendments that she will be proposing as we move forward that was in her email and will be recommending to remove/delete the recreational director; that if there are other amendments being proposed that a council member will bring them to the table. Councilwoman Tillman made a motion to remove the Recreational Director from the park budget in the amount of $55,000.00, second by Councilwoman Deuitch. Vice President D. Przybylinski asked if there were any comments from the public, there was no response. Vice President D. Przybylinski asked if there were any questions or comments from the Council. Councilman Mack stated that he would like to see the city have a recreational director; that a lack of programming for our youth is directly tied to not having this position; that to get better at programing we need this director; there is a recreational center being proposed to be built in our community and would seem the future we would like for our kids and adults would be a recreational director asking to move this forward. Councilman Simmons concurred with Councilman Mack that we need to get a recreational director back in the Park Department. Councilwoman Deuitch stated that she supports this amendment that we cancelled our summer camps this summer and there are organizations in our community; advising she would rather allow to widen and expand free programming for our residents and us support these organizations in the meantime until we have a better understanding of what our plan is; that when the Park Department split the roles and increased the pay for the assistant superintendent the recreational duties was part of that deal, with her trying to understand that she realizes they are busy in the summer but would like to see small programs before creating a brand new position. Councilwoman Zygas agrees with Councilwoman Deuitch’s comments; could we even get someone to fill this position that is qualified and what amount of money are we willing to commit at this time for programming not only for kids but adults in our community. Councilman P. Przybylinski stated after sitting through our budget hearings and this position was a new position and was brought forth, there were questions brought up, not seeing a plan or a format on what this recreational director would be doing; stating there is several programs that the city could get started in our community. Councilman Dabney stated reasons why he feels that this position would be an asset and should be brought back to the park department to see what programs we could get within our community. Councilman Fitzpatrick asked if the proposed recreational director that is in the proposed 2023 budget and is being created again and the additional salary that was given to the Parks Assistant Superintendent when this position was removed during the last administration was in office; will those monies that were given to the Asst. Superintendent go toward this new created position, since that was an agreement to be reflective on the pay rate as doing part of the recreation director duties. Councilwoman Tillman directed Councilman Fitzpatrick’s question to Controller Hoffmaster. Councilwoman Hoffmaster advised that we would not be reducing anyone’s salary. Vice President D. Przybylinski asked if there were any other comments on this proposed amendment by the council. There was no response and the amendment to Page 15 September 20, 2022 delete the proposed position in the Park Department’s 2023 Budget to delete the new position for a “Park Director” in the amount of $55,000.00 failed by the following vote: AYES: Council members Deuitch, P. Przybylinski, Tillman, Fitzpatrick, (4) NAYS: Council member D. Przybylinski, Zygas, Simmons, Dabney and Mack (5). Vice President D. Przybylinski stated the amendment to delete the “Recreation Director” was approved 5 – 4. Councilman P. Przybylinski asked to reconsider his vote; stating that he wanted to vote NAY. Attorney Harris advised that he would have to make a motion to reconsider the vote and would need a second and take the roll call to redo the vote. Councilman Mack made a motion to reconsider the vote, second by Councilman Fitzpatrick asking for the amendment to be re-read before taking the reconsidered vote. The motion to reconsider the vote was approved by the following vote: AYES: Council members D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack and Deuitch (9) NAYS: Council member None (0). Vice President D. Przybylinski stated that we will be voting on eliminating/deleting the “Recreational Director” from the Park Departments budget. The motion carried to eliminate/delete the Recreation Director from the Park Departments in the 2023 budget by the following vote: AYES: Council members P. Przybylinski, Tillman, Fitzpatrick, Deuitch and D. Przybylinski (5) NAYS: Council member Simmons, Zygas, Dabney, Mack (4). NOTE: VICE PRESIDENT CALLED A FIVE (5) MINUTE RECESS Councilman P. Przybylinski made a motion to amend Fund 101 Controller Salary – current salary at $71,000.00 with the 2023 budget salary of $79,560.00 decreasing the amount to $75,290.00, second by Councilwoman Tillman. Vice President D. Przybylinski asked if anyone from the public wish to speak on the proposed amendment. Yvonne Hoffmaster, City Controller wanted to let the council know that the statement that was made regarding the money the Controller’s Office receives from the Sanitary District and Water Department doesn’t go towards any salaries in the Controller’s Office Controller Hoffmaster advised Councilman P. Przybylinski the money received from these entities go into the general fund as miscellaneous revenue to assist with funding the budget, but specifically for the Controller’s Office; with MOU between the Sanitary District and the city is for the Assistant Controllers position. Vice President D. Przybylinski asked if the public had any other questions or comments, there was no response. Vice President D. Przybylinski asked if the Council had any questions or comments, there was no response. The motion was carried to amend Fund 101 Controller Salary – current salary at $71,000.00 with the 2023 proposed budget salary of $79,560.00 decreasing that amount to $75,290.00 and was approved by the following vote: NOTE: Councilwoman Tillman lost contact with hybrid/zoom (the council is waiting) with the vote taking place as follows Page 16 September 20, 2022 Vice President D. Przybylinski asked Councilwoman Deuitch if Councilwoman Tillman could call her and they do face time with her; and show her face so she can vote; with Councilwoman Deuitch stating that for the integrity of this meeting that Councilwoman Tillman would have to log into the Council’s Zoom and get on the meeting that way. Discussion ensued between Attorney Harris, Councilwoman Deuitch, and Vice President D. Przybylinski regarding this matter. NOTE: Councilwoman Tillman face timed with Councilwoman Deuitch and the vote was completed The motion was approved by the following vote to amend the 2023 budget for the Controller Fund 101 to be $75,290.00 AYES: Council members P. Przybylinski, Fitzpatrick, Deuitch, D. Przybylinski, and Tillman (5) NAYS: Council member Zygas, Dabney, Mack, Simmons (4). Vice President D. Przybylinski asked if there were anymore amendments to the proposed ordinance Councilman P. Przybylinski made a motion to delete the (9) Event Planners Administrative Assistant II from the 2023 budget in the amount of $40,768.00, second by Councilman Fitzpatrick. Vice President D. Przybylinski asked if there are any comments from the public, there was no response. Vice President D. Przybylinski asked the Council had any comments or questions, there was no response, with the amendment failed by the following vote: AYES: Council members P. Przybylinski, Tillman, Fitzpatrick, D. Przybylinski, and Tillman (5) NAYS: Council member Dabney, Mack, Deuitch, and Simmons (4). Councilman P. Przybylinski made a motion to delete the (8) Mayor’s Administrative Assistant III from the 2023 budget in the amount of $42,889.00, second by Councilman Fitzpatrick. NOTE: COUNCILWOMAN TILLMAN WAS ABLE TO CONNECT ON ZOOM TO CONTINUE IN THE MEETING Vice President D. Przybylinski asked if there was anyone from the public that wished to speak on this proposed amendment. Tamiko Smith, Controller Assistant II, advised that this position isn’t filled in the mayor’s office at this time. Vice President D. Przybylinski asked if there were any other comments from the public at this time, there was no response. Vice President D. Przybylinski asked if there were any comments from the council. Councilwoman Deuitch stated that this has been funded for over two years and it hasn’t been filled; but when people go on vacation or other reasons they aren’t in the Mayor’s Office, not answering the telephones, greeting citizens that she feels this is a necessary position, and that the office shouldn’t be unattended; stating that this will be the will of the council. Kathy Stransky, Barker Avenue asked how the city ended up with so many administrative positions and assistants to them to the administration to the assistant; stating it is redundant. Page 17 September 20, 2022 Vice President D. Przybylinski stated that this position hasn’t been filled since the current administration took office two (2) years ago; that when Mr. Yagelski is gone it either goes to the answering machine or Ms. Beutner will answer and that everything is going smoothly in the mayor’s office on a daily basis and haven’t heard one complaint and totally agrees that this position isn’t necessary; stating that when our city grows from getting the NICTD Double Track Project we can revisit it at that time. The motion failed to delete the Administrative Assistant III in the mayor’s Office by the following vote: AYES: Council members Fitzpatrick, D. Przybylinski, and P. Przybylinski (3) NAYS: Council member Tillman, Dabney, Mack, Deuitch, Simmons, and Zygas (6). Councilman P. Przybylinski made a motion to delete the (14) Arborist Position from the 2023 budget in the amount of $62,377.21 and that the mayor stated that doesn’t have any intention in filling this position in the near future, that he did have someone interestedthat would be graduating next spring but they won’t have all certificates they will need to be the City’s Arborist and at the time the Mayor deems to fill it he can come to the Council; the motion died due a lack of a second motion. Councilman P. Przybylinski made a motion to amend the position of the City Engineer in the 2023 budget deleting this position in the amount of $99,992.00 because it makes good fiscal sense due to this position not being filled and that the City has two (2) contracts with engineer firms doing the work for our city; stating at least until we have a candidate or someone interested to work for the city, the motion was second by Vice President D. Przybylinski. Vice President D. Przybylinski asked if there were any comments from the public. Mayor Parry stated that is incorrect that I have no intentions of hiring a City Engineer, we are trying to fill this position and wants to remind this council that there is a state statue for requirements, that on the Planning Commission and the Sanitary District board; a voting member is supposed to be our PE City Engineer. Mayor Parry advised Councilman P. Przybylinski that at this time we do not have a PE engineer filling in and representing the city as a member to the Sanitary Board at this time. Vice President D. Przybylinski stated that this falls under the mayor’s direction for a City Engineer and that $99,000.00 that we’ve discussed, know this isn’t enough money to attract someone that is experienced or has government experience even graduating from college with a PE; part-time or full-time. Discussion ensued between Mayor Parry and Vice President D. Przybylinski and P. Przybylinski regarding the engineer’s increase in the 2023 budget, if the council is willing to increase it more, advising that he is sure we will be receiving resumes soon after the 2023 budget for this position is approved.. Vice President D. Przybylinski asked if there was anyone else that wished to speak on the proposed amendment, there was no response. Councilwoman Deuitch stated that being an engineer herself we need to think about reposting this at the higher rate since it is a part-time position and some people looking to get experience in government. The motion to delete the City Engineer from the 2023 budget failed by the following vote: AYES: Council members P. Przybylinski (1) NAYS: Council member Dabney, Fitzpatrick, Mack, Deuitch, D Przybylinski, Simmons, Zygas and Tillman (8). Page 18 September 20, 2022 Vice President D. Przybylinski asked if the Council had anymore amendments at this time; there was no response; stating that the proposed ordinance will be held over on third reading at the October 4, 2022 Council meeting. The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE MAYOR Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick Vice President D. Przybylinski asked if any of the sponsors had anything to add. Councilwoman Tillman made a motion to amend Fund 9513 Mayor’s Salary with the current 2022 salary of $79,410.00, the budget estimate salary of $101,541.00 and amend it to $88,000.00, second by Councilman Fitzpatrick. Vice President D. Przybylinski asked if there was anyone from the public that wish to speak on this proposed ordinance. Tommy Kulivak, 1316 Ohio Street, read IC 36-4-3 powers and duties of the city mayor; Reading this code every year before the passing of the mayor’s salary ordinance. Vice President D. Przybylinski asked if there were any questions or comments from the council. Councilman P. Przybylinski stated this comment is germane; that when Mayor Parry took office he should of called a meeting/workshop regarding the annexation for 426 acres and was adopted by the last council and administration; or this should have been something that he should of renewed when he took office, that what the city is facing is the direct responsibility of this administration to sit down with his new council and this to our attention with them being the fiscal body, so we could have been preparing ourselves for the last two (2) years. Councilman P. Przybylinski agrees in cutting his Mayor’s salary to the $88,000; that his administration is lacking in what’s going on here in our city and is deeply concerned about how this annexation is going to affect the rate payers. Councilman Mack stated that he has said this before, but he doesn’t think these salaries, especially the mayor’s salary should not be based on past performance, but future expectations of what the future can hold for everyone in our community. Councilman Fitzpatrick agreed with what Councilman Mack just said; that it makes a lot of sense; advising that Mayor Parry’s term doesn’t end until January 1, 2024 and would be in agreement if an incoming mayor was starting January 1, 2023 but that isn’t happening, so for right now I can’t support over $100,000. Vice President D. Przybylinski asked if the council had any other comments or questions, there was no response. Vice President D. Przybylinski wanted the public to know that $10,000 of they mayor’s salary comes from the Sanitary Department and $10,000 comes from the Water Department which is the legal means toward the mayor’s administrator. The motion to amend the mayor’s salary to $88,000.00 was approved by the following vote: AYES: Council members Fitzpatrick, Deuitch, D. Przybylinski, Simmons, P. Przybylinski, and Tillman (6) NAYS: Council member Mack, Zygas and Dabney (3). Page 19 September 20, 2022 The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE CITY CLERK Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick Vice President D. Przybylinski asked if the sponsors had anything to add. Councilwoman Tillman stated that she had no recommendations to this proposed ordinance. Vice President D. Przybylinski asked if the public had any questions or comments, there was no response. Vice President D. Przybylinski asked if there were any comments from the council, there was no response; stating that this proposed ordinance will be held over on third reading at our October 4, 2022 Council meeting. The Clerk read the following proposed ordinance on second reading by title only. ESTABLISHING THE SALARIES FOR THE MICHIGAN CITY POLICE DEPARTMENT FOR THE CALENDAR YEAR 2023 Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick Vice President D. Przybylinski asked if there were any questions or comments from any of the sponsors, there was no response. Vice President D. Przybylinski asked if the public had anything to add regarding the proposed ordinance, there was no response. Vice President D. Przybylinski asked if the Council had any questions or comments, there was no response; stating that the proposed ordinance will be held over on third reading at the October 4, 2022 Council meeting. 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 2023 Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick Vice President D. Przybylinski asked if the sponsors had anything to add at this time, there was no response. Vice President D. Przybylinski asked if the public had any questions or comments, there was no response. Vice President D. Przybylinski asked if the council had any questions or comments, there was no response; stating that the proposed ordinance will be held over on third reading at our October 4, 2022 Council meeting. Page 20 September 20, 2022 The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE SETTING THE ANNUAL SALARIES FOR THE COMMON COUNCIL MEMBERS Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick Vice President D. Przybylinski asked if any of the sponsors had anything to add at this time. Councilman P. Przybylinski made a motion to amend the amount that was proposed in 2023 budget in the amount of $15,045.00 ($578.66 bi-weekly); reducing it to (reducing the 2% increase) $14,552.98 ($559.73 bi-weekly), second by Councilman Fitzpatrick. Vice President D. Przybylinski asked if the public had any comments regarding this proposed ordinance, there was no response. Vice President D. Przybylinski asked if the Council had any questions or comments. Councilwoman Zygas stated based on the comments that were made earlier and we want to attract better people, we might want to try to inch these positions up; that it seems like we’re suffering from a little bit of self-esteem. Councilman Fitzpatrick stated that he thinks this is one that should not because you need people up here that don’t need money; advising that you need people serve the council that are serious about their position and their job objectively, not based on a paycheck. Councilman Mack agreed with Councilman Fitzpatrick that you do this for other than money, but guarantee to get people like us have full time jobs and we need to begin to get people under 40 to pass the torch of government experience to keep our city blooming. Councilwoman Deuitch advised that she just went to a conference and for the younger group it said it’s not even about the money its about lifestyle quality of life over money because most, including herself, make six (6) figures because it’s about the impact that you’re making with people; and that she will be supporting this amendment. Councilman P. Przybylinski advised that when he was on the council previously, they would never propose a pay increase when they served their four-year term; that to serve you must want to make positive impact to our city and care about every citizen in our community. Councilman Dabney stated that he has listened to this argument over and over for the last six (6) years and if its for the council should it be that way for all elected officials, that is their civic duty as well; advising this argument falls flat for him. Vice President D. Przybylinski stated when he ran for this office twelve years ago, he didn’t look at what the salary was going to be, but wanted to make a difference to make things better in our community; advising if this council wants to give a raise next year for the 2024 incoming council members, he would be in favor of that. Vice President D. Przybylinski asked if there were any other comments, there was no response. The amendment to reduce the Council’s salary to $14,552.98 (bi-weekly $559.73) was approved by the following vote: AYES: Council members Deuitch, D. Przybylinski, Simmons, Tillman, and Fitzpatrick (5) NAYS: Council member Mack, Zygas, P. Przybylinski and Dabney (4). Page 21 September 20, 2022 Councilman P. Przybylinski made a motion to reconsider his vote at this time, second by Councilman Fitzpatrick. The motion carried to reconsider the vote on the proposed amendment by the following vote: AYES: Council members Deuitch D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, and Mack (9) NAYS: Council member none (0). The amendment to reduce the Council’s salary to $14,552.98 (bi-weekly $559.73) was approved by the following vote: AYES: Council members D. Przybylinski, Simmons, P. Przybylinski, Tillman, Fitzpatrick and Deuitch (6) NAYS: Council member Zygas, Dabney, and Mack (3). NEW BUSINESS Vice President D. Przybylinski advised that there was no new business this evening. 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 COMMENTS FROM THE PUBLIC Vice President D. Przybylinski asked if there were any comments from the public at this time. Tommy Kulavik, 1316 Ohio Street, stated that he turned in an application to the Clerk’s Office to serve on the Social Status of African American Males Board representing the Michigan City Area Schools position. Kathy Stransky, 223 E. Barker Avenue, addressed the Council advising that she has had to call the police four (4) regarding shots fired by her neighbor/friends and have not received any cooperation from the police and this administration; asking for help from this council before someone gets hurt. Vice President D. Przybylinski asked Ms. Stransky to give him a couple days to contact Chief Campbell and get back with her then. Discussion ensued between Councilman P. Przybylinski and Ms. Stransky about solar lights and the “ECHO” devices that are going to be placed on poles throughout the city that will let the police department know when shots are being fired and let them know what kind of vehicle is doing the shooting and people being afraid to call the police for fear of their own lives. Tommy Kulavik, 1316 Ohio Street, commented on the county dedicating different bridges in our county advising the LaPorte County Commissioners nominated Alan Whitlow; naming the bridge located on Springland Avenue over Tail Creek; stating several things he did for our community serving for several entities including being City Council member. Page 22 September 20, 2022 Mr. Kulavik also invited everyone to the March for Peace on Saturday, October 1st, 2022, at 11:30 a.m. starting at Grace Street walking down Michigan Boulevard to Westcott Park with the march for people who think violence is the answer. Vice President D. Przybylinski asked if there were any other comments from the Public or online, there was no response. COMMENTS FROM THE COUNCIL Vice President D. Przybylinski asked if there were any comments from the council. Councilwoman Zygas stated that the last few days she has been teaching water quality for Trail Creek Week; teaching hundreds of fourth graders mostly in the area about the history, aquatics, the safety and they got to go on a canoe. Councilwoman Zygas advised that there is a canoe race this Saturday September 24, 2022 to raise money for it, and basically the Sanitary District, Mayor Parry, and Laporte Mayor Dermody are going to be in this race and that it starts at 10:00 a.m. Councilwoman Zygas thanked Street Director Shong Smith and the Street Department for putting up our signs, so we are officially Tree City USA and Bird Town, Indiana. Councilwoman Deuitch reminded everyone that maybe before the Peaceful March everyone could come and join the Minority Health Partners of LaPorte County sponsoring their annual “Do the Real Men Where Pink Breast Cancer Walk” at 10:00 a.m. October 1, 2022 starting at 710 Franklin Street. Attorney Harris advised Councilman P. Przybylinski that the letter the Council received from Mayor Parry/Attorney Meyer (Sanitation Legal Counsel) is basically explaining the procedure of the Indiana Attorney General’s Office. Councilman P. Przybylinski commented that this council has representation on the Sanitary Board and that being the liaison this person should be made abreast of what is going on at the Sanitary District and the Water Department due to this being important to decisions this council must make soon. Councilman P. Przybylinski announced that September has been Hispanic Culture month thanking them for all the help they have done in our community to help our country grow. Vice President D. Przybylinski stated that the Common Council is going to sponsor dinner for the Michigan City High School Wolves Football team Thursday, September 22, 2022 that we have a great team and hope they win on Friday, September 23rd. Vice President D. Przybylinski thanked Clerk Neulieb for staying and getting everything thing together for tonight’s meeting. ADJOURNMENT A motion by President Deuitch, second by Councilman P. Przybylinski and there being no further business to transact, President Deuitch declared the meeting ADJOURNED (approximately 10:27 p.m.) _______________________________ Gale A. Neulieb

Agenda

AGENDA COMMON COUNCIL - REGULAR MEETING Tuesday, September 20, 2022 Meeting to be held at 6:30 p.m., local time, in the Council Chambers, City Hall 100 E. Michigan Blvd. and Hosted by “Hybrid/Zoom” and Streaming Live on “My Michigan City” Facebook Page See attached to connect to “Hybrid/Zoom” CALL TO ORDER BY COUNCIL PRESIDENT PLEDGE OF ALLEGIANCE AND SILENT PRAYER ROLL CALL APPROVAL OF MINUTES Approval of Hybrid/Zoom September 6, 2022 Council Meeting REPORTS of STANDING COMMITTEES Agenda September 20, 2022 Posted September 15, 2022 Page 1 FINANCE COMMITTEE MEETING Tracie Tillman-Chair CLAIMS DOCKET September 20, 2022 Fund #2042 – Riverboat – Claims - $ 00.00 EFT $ 00.00 Fund #2031 – Boyd Development - $ 00.00 EFT $ 00.00 TOTAL CLAIMS $ 00.00 REPORTS OF SPECIAL or SELECT COMMITTEES REPORTS from MAYOR OR OTHER CITY OFFICERS AND DEPARTMENTS PETITIONS COMMUNICATIONS Correspondence was received in the Clerk’s Office from Attorney Harris Law Firm regarding concerns regarding the Council’s lack of authority to enact Ordinance No. 4637 & 4638 Agenda September 20, 2022 Posted September 15, 2022 Page 2 Correspondence was received in the Clerk’s Office on September 15, 2022 from Mayor Parry vetoing Ordinance No. 4637 AMENDING SEC. 98-85 OF THE MICHIGAN CITY MUNICIPAL CODEKNOWN AS ADDITIONS TO THE SANITARY DISTRICT TO AMEND THE ANNEXATION CONDITIONS AND PROCEDURES AND Ordinance No. 4638 CREATING SEC. 98-86 AND SEC. 98-87 IN THE MICHIGAN CITY MUNICIPAL CODE TO ESTATBLISH THECONDITIONS AND PROCEDURES FOR ADDITIONS TO THE SANITARY DISTRICT. Correspondence was received in the Clerk’s Office on September 14, 2022 from Attorney Guy S DiMartino, PC regarding an accident with an MCPD vehichle RESOLUTIONS A RESOLUTION INCREASING AND DECREASING CERTAIN APPROPRIATIONS WITHIN THE BUDGET OF THE CITY HALL DEPARTMENT OF THE GENERAL FUND #1001 FOR THE YEAR 2022 IN MICHIGAN CITY, INDIANA INTRODUCED BY: Bryant Dabney ORDINANCES ORDINANCE APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF 1st Reading THE PLANNING AND INSPECTION DEPARTMENT OF THE GENERAL FUND TO FUND THE LEASE OF NEW VEHICLES Introduced by: Angie Nelson Deuitch (DECREASE General Fund # 1001 Unappropriated balance $34,000.00 INCREASE ACCOUNT #1001.106.439.090 $34,000.00 Other Services & Charges Other Contractual Services) Agenda September 20, 2022 Posted September 15, 2022 Page 3 ORDINANCE APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET 1st Reading OF THE DEA FORFEITURE FUND TO FUND PURCHASE OF CARGO VAN Introduced by: Angie Nelson Deuitch (DECREASE DEA Forfeiture Fund #2337 Unappropriated balance $55,000.00 INCREASE ACCOUNT #2337 000.445.020 $55,000.00 Capital Outlay – Other Machinery & Equipment – Motor Equipment) ORDINANCE APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF 1st Reading THE GENERAL FUND FOR LEGAL EXPENSES FOR THE CITY’S ESPLANADE Introduced by: Dalia Zygas (DECREASE General Fund #1001 Unappropriated balance $175,000.00 INCREASE ACCOUNT#1001 112.431.010 $175,000.00 Professional Services – Legal) ORDINANCE AMENDING MUNICIPAL CODE SECTION 22-606 REGARDING THE 2nd Reading RATE OF PAY FOR THE LICENSING BOARD MEMBERS Introduced by: Angie Nelson Deuitch Dalia Zygas Agenda September 20, 2022 Posted September 15, 2022 Page 4 ORDINANCE ORDINANCE OR RESOLUTION FOR APPROPRIATION AND TAX 2nd Reading RATES Introduced by: Tracie Tillman Sean Fitzpatrick Paul Przybylinski Bryant Dabney Formal Public Hearing will be Held September 20, 2022 Posted on “Gateway” ORDINANCE AN ORDINANCE SETTING SALARIES AND WAGES FOR 2nd Reading APPOINTED OFFICIALS AND EMPLOYEES OF THE CITY OF MICHIGAN CITY, INDIANA, FOR THE CALENDAR YEAR 2023 Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick Agenda September 20, 2022 Posted September 15, 2022 Page 5 ORDINANCE AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE 2nd Reading MAYOR Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick ORDINANCE AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE 2nd Reading CITY CLERK Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick ORDINANCE ESTABLISHING THE SALARIES FOR THE MICHIGAN CITY POLICE 2nd Reading DEPARTMENT FOR THE CALENDAR YEAR 2023 Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick Agenda September 20, 2022 Posted September 15, 2022 Page 6 ORDINANCE AN ORDINANCE ESTABLISHING SALARIES FOR THE FIRE 2nd Reading DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2023 Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick ORDINANCE AN ORDINANCE SETTING THE ANNUAL SALARIES FOR THE 2nd Reading COMMON COUNCIL MEMBERS Introduced by: Tracie Tillman Paul Przybylinski Bryant Dabney Sean Fitzpatrick NEW BUSINESS UNFINISHED BUSINESS NOMINATIONS: The Council has the following appointments to the Commission of the Social Status of African American Males (Term expires 2/15/22) Incumbents: Ms. Albertine Allen – Minority Health Partners of LaPorte County (resigned) Dr. Wendall McCollum- MCAS Agenda September 20, 2022 Posted September 15, 2022 Page 7 COMMENTS FROM THE PUBLIC COMMENTS FROM THE COUNCIL ADJOURNMENT _________________________________ Gale A. Neulieb, City Clerk You are invited to a Zoom webinar. When: September 20, 2022 06:30 PM Central Time (US and Canada) Please click the link below to join the webinar: https://us02web.zoom.us/j/86900890058?pwd=MW92Ri9KZDYzajRFR2F3VW1PNVljQT09 Passcode: 617561 Or One tap mobile : US: +13126266799,,86900890058#,,,,*617561# or +16465588656,,86900890058#,,,,*617561# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 646 558 8656 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 9128 or +1 253 215 8782 Webinar ID: 869 0089 0058 Passcode: 617561 International numbers available: https://us02web.zoom.us/u/kbaFyn7Iw5 Agenda September 20, 2022 Posted September 15, 2022 Page 8

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