City Council

Page 1 October 3, 2023 REGULAR “HYBRID/ZOOM” MEETING October 3, 2023 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, October 3, 2023, 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 President Fitzpatrick 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, Paul Przybylinski, Gene Simmons, Vidya Kora and Tracie Tillman (9). ABSENT: COUNCIL MEMBER None (0). President Fitzpatrick introduced Vidya Kora as our new Councilman At-Large replacing Dalia Zygas welcoming him to the Council. A QUORUM WAS NOTED PRESENT ALSO, PRESENT: Council Attorney Nick Snow, Gale Neulieb Clerk and Amand Pickens, Interim Deputy Clerk APPROVAL OF MINUTES President Fitzpatrick advised that the September 19, 2023, Council meeting minutes will be approved at the next council meeting on October 17. 2023. REPORTS of STANDING COMMITTEES President Fitzpatrick asked if there were any standing committee reports, there was no response. FINANCE REPORT President Fitzpatrick asked if there were any reports from the Finance Committee. Councilwoman Tillman advised that the Finance Committee meeting met this evening October, 2023 at 5:30 p.m. and there wasn’t quorum moving forward and having an informal meeting ; The Michigan City River Boat Fund #2235 claims were $1,679.59, River Boat EFT # 2235 fund claim $200,000.00, Boyd Development #2504 claims were zero; Riverboat claims were for LaPorte County Herald Dispatch. in the amount of $322.57, and W.S. Darley & Company in the amount of $1,357.02 totaling $1,679.59; with the Riverboat claims EFT were to the City of Michigan City for $50,000 and the other to the City of Michigan City in the amount of $150,000.00 totaling $200,000.00. Councilwoman Tillman advised the Michigan City Riverboat cash position fiscal year to date on October 3, 2023, ending balance was $6,243,369.42; advising that she did a PSA regarding the possibility of our country having a government shutdown with a decision to extend not shutting the government down for an additional forty-five (45 days); that she and Controller Hoffmaster had a discussion regarding how it would Page 2 October 3, 2023 affect our city government and explained she wanted to be pro-active stating several concerns if there was a government shut down regarding how it would effect our LaPorte County programs for our residents. CLAIMS DOCKET President Fitzpatrick read the following Riverboat/Boyd Development Claims Fund for October 3, 2023 October 3, 2023 Fund #2235 – Riverboat – Claims - $ 1,679.59 EFT $ 200,000.00 Fund #2504 – Boyd Development - $ 00.00 EFT $ 00.00 TOTAL CLAIMS $ 201,679.59 President Fitzpatrick asked if there was a motion to approve the claims for October 3, 2023 in the total amount of $201,679.59. Councilman D. Przybylinski made a motion to approve the Riverboat/Boyd Claim Docket for October 3, 2023 in the total amount of $201,679.59; second by Councilman P. Przybylinski; the motion carried and was approved by the following vote: AYES: Council members Deuitch, D. Przybylinski, Simmons, Kora, P. Przybylinski, Tillman, Dabney, Fitzpatrick, and Mack (9) NAYS: Council member None (0) REPORTS FROM BOARDS AND COMMISSION President Fitzpatrick asked if there were any reports from any boards or commissions. Tommy Kulavik, 1316 Ohio Street, Fire Merit Commission member is happy to report that on Saturday October 7, 2023 the Fire Merit Commission will be conducting interviews with the final twenty (20) candidates. Nancy Moldenhauer, reported on the Sustainability Commission that she took part in the Indiana University Environmental Resilience Institute today commenting on the topics they discussed and that she is happy to announce that they have commissioners that are working on gold designation to present at next year’s environmental resilience institute event in 2024; announcing that this Thursday, October 5, 2023 Northwest Indiana Green Drinks, at 6:30 p.m. and sponsored with the Sustainability Commission, Save the Dunes, and 219 Green Connect with the topic being carbon free Indiana. Discussion ensued between Ms. Moldenhauer and Councilmen Dabney, D. Przybylinski and P. Przybylinski regarding the auto strike that is taking place. President Fitzpatrick asked if there were any other reports from any boards or commissions, there was no response. REPORTS OF SPECIAL or SELECT COMMITTEES President Fitzpatrick asked if there were any reports of special or select committees, there was no response. Page 3 October 3, 2023 REPORTS FROM THE MAYOR OR OTHER CITY OFFICERS AND DEPARTMENTS Jeff Bruder, MCFD Fire Marshall, announced that their new fire truck that was delivered last week; advising that they are hoping to get this in service by the end of the week, and will be at MCFD Station II if someone would like to stop and see it; thanking everyone that had a hand in getting this truck for the MCFD; and that our new ladder truck is still in production and their hope is to have in service no later than at the end of November, 2023. Fire Marshall also asked if all possible schedule a meeting/workshop to discuss the possibility of purchasing another truck that the MCFD needs and could possibly take up to three years before it will be delivered to be in service; due to having to be put a want list which the line keeps getting longer and the price keeps going up; advising that with the LIT funds if we ordered it this next year it would be paid for it when it is ready to be delivered. President Fitzpatrick asked if there were any other reports from the Mayor or Other City Departments, there was no response. PETITIONS President Fitzpatrick asked the Clerk if there were any petitions. Clerk Neulieb advised there were no petitions received. COMMUNICATIONS President Fitzpatrick asked the Clerk if there were any communications. Clerk Neulieb read the following correspondence received in the Clerk’s Office. Correspondence was received in the Clerk’s on September 21, 2023 from the “Mainstreet Association” regarding the removal of public seating in the Uptown Art District (UAD). Councilman P. Przybylinski asked the Clerk’s Office to read this letter in its entirety. The recent removal of the public benches that previously were in and around the Uptown Arts District (UAD) is an unfortunate and regrettable act. The Directors of Michigan City Mainstreet Association echo the sentiments of many in this community who have already voiced their opposition to the removal of these benches, find the justification misguided and callous. We understand that this action was done unilaterally at the behest of Mayor Parry while failing to adhere to common practice, utilizing the appropriate municipal channels, or affording notice to his constituents. The stated intention of the mayor’s action was to address the perceived problem that people experiencing homelessness may pose to this area. Although these people in our community Can present certain challenges to business, the removal of these benches does not resolve these perceived problems and only serves to displace these individuals while disproportionately penalizing citizens, residents, and visitors who might use of these public accommodations. Apart from the utility of these public assets, their absence makes the UAD appear unwelcoming and unsightly. MCMA has, over the years, advocated for additions to the UAD to improve its function and lend to its unique, growing, and rich aesthetic. The empty species that now rest where the benches once sat detract from the beauty of the Page 4 October 3, 2023 UAD while highlighting the regrettable intentions that brought about the removal of the benches. MCMA would like to reiterate its position against removing these benches as this act is inhumane and discourages residents and visitors from using and enjoying our vibrant commercial and residential district. It is the fervent hope of MCMA that Mayor Parry will reconsider, or the Michigan City Council will take affirmative steps to redress this wrong while acknowledging homelessness as a societal problem that is certainly not caused by the presence of public seating amenities. MCMA implores Mayor Parry and our local officials to reinstall all the benches removed in and around the UAD immediately and to extend an apology to the people of Michigan City, including and especially those currently experiencing homelessness. Sincerely, /s/ Michigan City Mainstreet Association Board of Directors. President Fitzpatrick addressed the Council and the public that there was some information on the Michigan City’s web site, and it was not put out by the council or by him and is inadequate regarding “public comment”; stating that he published the agenda and is what we follow unless there is a desire by the council to do anything different. President Fitzpatrick advised that there was a request from a resident to move public comments to the beginning of the meeting instead asking if there was a motion to move the minutes to the beginning of the meeting, there was no response; asking the Clerk to read the first resolution on the agenda by title only. RESOLUTIONS The Clerk read the following resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4900 AUTHORIZING THE USE OF EXCESS APPROPRIATED FUNDS TO REPLACE THE OVERHEAD DOORS ON THE GOLF CART STORAGE BARN FOR THE MICHIGAN CITY PARK DEPARTMENT WHEREAS, on October 4, 2022, the Michigan City Common Council enacted Ordinance 4649 entitled “Ordinance/Resolution for Appropriations and Tax Rates,” which appropriated $35,000.00 in funding for shingle replace for the Michigan City Park and Recreation Department’s Golf Cart Storage Barn; and WHEREAS, the shingle replacement for the Golf Cart Storage Barn was completed for $13,840.00, leaving a remaining balance of $21,160.00; and WHEREAS, the Michigan City Park and Recreation Department requests a re-allocation of the remaining balance totaling $21,160.00, and more specifically, on September 20, 2023, the Michigan City Park and Recreation Board enacted Resolution #1013 requesting that the $21,160.00 be utilized to replace the overhead doors on the Golf Cart Storage Barn, Maintenance Shop and Backhoe Barn; and WHEREAS, based on the foregoing, the Controller’s Office has determined that excess funds in the amount of $21,160.00 remain in Fund #2235.511.444.050 (Cap Outlay-Imp Other than Building); and WHEREAS, the Mayor and the Common Council now desire that the $21,160.00 remaining remain in Fund #2235.511.444.050 (Cap Outlay-Imp Other than Building) be utilized to replace the overhead doors on the Golf Cart Storage Barn, Maintenance Shop and Backhoe barn. NOW THEREFORE, BE IT RESOLVED by the Common Council of Michigan City, Indiana as follows: Section 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. Page 5 October 3, 2023 Section 2. That $21,160.00 in excess funds remaining in Fund #2235.511.444.050 (Cap Outlay- Imp Other than Building), originally appropriated for shingle replacement on the Golf Cart Storage Barn, now be transferred within the same Fund to Account #2235.511.444.050 (Cap Outlay-Imp Other than Building) to replace the overhead doors on the Golf Cart Storage Barn, Maintenance Shop and Backhoe Barn. This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. Introduced by: /s/ Bryant Dabney, Member Michigan City Common Council Introduced by: /s/ Don. Przybylinski, Member Michigan City Common Council President Fitzpatrick asked if the author had any comments at this time. Councilman Dabney advised the shingles on the golf cart storage barn were repaired with the quote coming in way under what was originally proposed leaving a balance of $21,000, left over; stating what they would like to do is use those funds to repair the golf cart garage doors where they were damaged a few years ago. Councilman D. Przybylinski asked to be added as a co-sponsor. Councilman D. Przybylinski advised that according to Ed Shinn, Park Superintendent these garage doors were damaged from golf carts backing into them and haven’t been able to operate them in a few years. Ed Shinn, Park Superintendent advised Councilman D. Przybylinski that one (1) of the garage doors was impacted by a golf cart, with the remedy for this not to happen is to add barricades in front of the doors. Mr. Shinn advised Councilman D. Przybylinski that this door was damaged at least three (3) years ago; advising that no one reported the damaged door and when it was proposed to replace the shingles is when he noticed the damage, that no one reported it being damaged to him prior. President Fitzpatrick asked if the public had any questions or comments. Ken Mellends, 200 Kenwood Place questioned if the garage door was cosmetic damage or is the door non-functional and has it been broken where it doesn’t work for the last three (3) years or is it just we haven’t done it yet. Mr. Shinn advised Mr. Mellends that they are beyond repair, they are in disrepair and need to be changed or we will have security problems according to our park departments mechanic. President Fitzpatrick asked if there were any other comments from the council. Councilwoman Deuitch made a motion to approve the proposed resolution, second by Councilman Dabney, the motion carried, and the proposed resolution was approved by the following vote: AYES: Council members D. Przybylinski, Simmons, Kora, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack and Deuitch (9) NAYS: Council member None (0) NOTE: President Fitzpatrick advised to make sure we are following procedures during our council meetings; the Clerk will read the ordinance/resolution by title only, the author will be able to make comments in regards to that document, the public will be allowed to speak on that specific ordinance/resolution, the Council will be allowed to speak on that specific ordinance/resolution and then we will move on. Page 6 October 3, 2023 ORDINANCES The Clerk read the following proposed ordinance on first reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE AVIATION FUEL FUND FOR THE PURCHASE OF AVIATION FUEL DUE TO THE DRASTIC INCREASE IN FUEL PRICES Introduced by: Gene Simmons (DECREASE Aviation Fuel Fund #2523 Unappropriated balance $100,000.00. INCREASE ACCOUNT#2523 000.422.015 $100,000.00 Operating Supplies – Aviation Fuel) President Fitzpatrick asked if the author had anything to add at this time. Councilman Simmons stated that there weren’t enough funds in the budget to purchase more fuel for the rest of this year; advising that Jessica Ward, Aviation Director is present to answer any questions the council may have. President Fitzpatrick asked if there were any comments from the public. Councilman Simmons advised Ken Mellend, 200 Kenwood Place that this fuel is sold at the airport and generates revenue. President Fitzpatric asked if there were any other comments from the public, there was no response. President Fitzpatrick asked if there were any questions or comments from the Council, there was no response; stating the proposed ordinance will be held over to second reading at our October 17, 2023 council meeting. The Clerk read the following proposed ordinance on first reading by title only. CREATING ARTICLE 10 IN CHAPTER 22 OF THE MICHIGAN CITY MUNICIPAL CODE & ALSO CREATING SEC. 50-151, SEC. 50-152, AND SEC. 2-412 TO BE KNOWN AS THE RESIDENTIAL RENTAL REGISTRATION PROGRAM” Introduced by: Bryant Dabney President Fitzpatrick asked if the author had anything to add at this time. Councilman Dabney advised that Councilwoman Zygas started her proposed ordinance by trying to identify rental properties; having several meetings and workshop it is has worked down to a “Rental Registration Program”, that he is proposing this evening but would like to make a motion to TABLE this until we can schedule a workshop to clear the air about what is actually being brought to the council, second by Councilman Mack; motion carried to TABLE the proposed ordinance on second reading until our October 17, 2023 council meeting scheduling a workshop on Monday, October 16, 2023 at 5:00 p.m. by the following vote: AYES: Council members Simmons, Kora, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, Deuitch, and D. Przybylinski (9) NAYS: Council member None (0) The Clerk read the following proposed ordinance on first reading by title only. AMENDING SEC. 2-344 IN THE MICHIGAN CITY MUNICIPAL CODE TO AUTHORIZE ADVANCE PAYMENTS ON CONTRACTS FOR PUBLIC WORKS PROJECTS, GOODS, AND SERVICES PURSUANT TO I.C. 5-11-10-1.6 Introduced by: Bryant Dabney President Fitzpatrick asked if the author had anything to add at this time. Page 7 October 3, 2023 Councilman Dabney advised that this was adopted by the State of Indiana and that all municipalities are asked to adopt this I.C. code; with this giving more small contractors when they bid on a government/city contracts/bids to be able to paid quicker and the city’s purchasing body be able to purchase material, goods and service and pay up to 50% of the total contract in advance. President Fitzpatrick asked if there were any comments from the public, there was no response. President Fitzpatrick asked if the council had any comments. Councilman D. Przybylinski asked to be added as a co-sponsor. Councilman D. Przybylinski asked if there were any other comments from the Council, there was no response; stating this proposed ordinance will be held over on second reading at the October 17, 2023 Council meeting. The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE AMENDING SECTION 2-457 (b)(2)(b) IN CHAPTER 2, ARTILE VII OF THE MICHIGAN CITY MUNICIPAL CODE, TO AMEND THE APPOINTMENT TIME OF MEMBERS TO THE CITY COMMISSION ON THE SOCIAL STATUS OF AFRICAN AMERICAN MALES Introduced by: Angie Nelson Deuitch President Fitzpatrick asked if the author had anything to add. Councilwoman Deuitch advised as she stated before this is just removing the “Ministerial Association” who has not made their appointment this year and give these appointments a two (2) year timeframe on alternating schedules. President Fitzpatrick asked if there were any comments from the public. Rodney McCormick, President of the Michigan City Social Status of African American Males; advised that he is all for making these appointments a two (2) year term for all members; asking as the President of this board and behalf of them we would have liked to been added into the discussion when changes are going to be made to an ordinance regarding this board, explaining that there are some other changes that we as the board would of liked to have amended at the same time and could be voted on; asking to schedule a workshop to discuss some of these changes in the near future; commenting on what LaPorte County Council has done for this board. Tommy Kulavik, 1316 Ohio Street, commented on most of these appointments are countywide and shouldn’t be restricted to residents that live in the city limits. Mayor Parry agrees with Mr. McCormick that LaPorte County residents should be included, stating several reasons why. President Fitzpatrick asked if there were any other comments from the public, there was no response. President Fitzpatrick asked if there were any comments from the council. Councilwoman Deuitch again stated that this has been brought up at multiple council meetings that we will resolve this and is not sure but as far as the county residents, she is ok with adding Coolspring Township, Long Beach, Pottawatomie Park; but all the other seats on this commission again can be from anywhere in our county. President Fitzpatrick stated that at this time in the current ordinance there is no language that stops any appointment from being someone in the county; technically we’re all residents of LaPorte County. Page 8 October 3, 2023 President Fitzpatrick asked if there were any other comments from the council, there was no response; stating the proposed ordinance will be held over to third reading at our October 17, 2023 Council meeting. The Clerk read the following proposed ordinance on second reading by title only. CREATING SEC. 22-70 AND SEC. 50-151 IN THE MICHIGAN CITY MUNICIPAL CODE TO REQUIRE A SOLID WASTE DISPOSAL PLAN FOR EACH APPLICATION TO THE MICHIGAN CITY PLANNING & INSPECTION DEPARTMENT FOR A BUILDING, ELECTRICAL, HVAC AND/OR PLUMBING PERMIT & CREATING SEC. 22-82(C) IN THE MICHIGAN CITY MUNICIPAL CODE TO REQUIRE THAT A BUILDING SITE BE CLEANED AND ALL CONSTRUCTION DEBRIS BE REMOVED BEFORE A CERTIFICATE OF OCCUPANCY IS ISSUED Introduced by: Don Przybylinski Angie Nelson Deuitch Bryant Dabney Gene Simmons President Fitzpatrick asked if any of the authors had anything thing to add at this time. Discussion ensued between Planning Director Skyler York, Building Inspector Sue Downs, Code Inspector Christine Vanderborg, Sanitary Superintendent Mike Milakovic and Council members D. Przybylinski, P. Przybylinski, Deuitch, and Dabney regarding permits needed to start a project (plumbing, electric, HVAC, etc), when a resident needs a licensed contractor for a project and permit, what is qualifies for a special pickup, the charge/fee for a special pickup, or does it qualify for you having to get a dumpster, is a resident going to get more clarity regarding disposing construction debris when they file for their permit, if it is the Planning Departments responsibility or Refuse/Sanitary Department to advise a citizen how to get rid of debris from their residents (weather it is a construction project, eviction of a renter, a vacant home, etc.) onto the city’s right of way or alley, items that will fit in the City’s totter and items that don’t and are left out on the curb to be picked up, comments regarding reasons the council should move forward and adopt this proposed ordinance this evening, development that is moving to our city due to the double track and amount of debris being left on the city’s right of way and doesn’t fit in the totter that is picked up on a weekly basis, Sanitation has a procedure in place presently regarding extra pickups, but needs to be amended due to what they are charging isn’t enough to cover what it cost for the truck, employees, and their hourly pay, the discussion regarding these extra pickups, the large amounts of garbage being left throughout the city, and how to ratify was discussed in July by him and the Mayor, stated they were going to come up with a plan of schedules, charges, and fees with this council is still waiting to date. Councilman D. Przybylinski stated that he was hoping that we would have had the policy from the Sanitation/Refuse Department with the charges/fees/fines regarding the extra pickup for different sizes of debris that needs to be disposed of which was supposed to be presented to this council by the administration last July, it is October; stating that until he sees the charges he made a motion to TABLE this on third reading until we get the fee structure in place, second by Councilman P. Przybylinski; the motion carried and was TABLED until the council receives the fee structure in place for additional pickups by the following vote: AYES: Council members Kora, P. Przybylinski, Tillman, Fitzpatrick, Deuitch, D. Przybylinski, and Simmons (7) NAYS: Council members Dabney and Mack (2) The Clerk read the following proposed ordinance on third reading by title only. AMENDING SEC. 58-60 OF CHAPTER 58 OF THE MICHIGAN CITY MUNICIPAL CODE & AMENDING VARIOUS SECTIONS WITHIN CHAPTER 98 OF THE Page 9 October 3, 2023 MICHIGAN CITY MUNICIPAL CODE PERTAINING TO GARBAGE, TRASH, AND RUBBISH Introduced by: Don Przybylinski Angie Nelson Deuitch Bryant Dabney Gene Simmons Paul Przybylinski President Fitzpatrick asked if any of the authors had anything to add. Councilwoman Deuitch stated this proposed ordinance is related to the previous ordinance that was just TABLED and would like to hear from the public before we table this one as well; but again this also started back in the spring when we asked about fees because we hadn’t written any citations, we were having multiple pickup with garbage piles sitting all over the city; advising for years the city has had a fall clean a spring cleanup, our regular weekly pick with no charge to our residents and that she would like to see a fee schedule as well; commenting on the revenue we are missing out on due to not having a fee schedule. Councilman Dabney stated that at the workshop we had the city attorney was seated next to him and she advised him that there was a fee structure already in place that they use. Councilwoman Deuitch advised that we are looking for a fee structure for pickups not violation structures; questioning Mr. Milakovic President Fitzpatrick asked if there were any comments from the public. Rodney McCormick, 617 Union Street, commented about a house on Emily Street that the residents were remodeling; every week refuse/sanitation was having to come out and pick up debris and trash in the alley; also commenting on the debris in front of a house in the 800 block of 11th Street which was one of the housing authority’s property; and another resident on Main Street took an entire porch off the front of the house and set it out by the street curb so the city could pick it up. Mr. McCormick stated that if they would of went and got a permit, the city then would know whether to advise them if they needed to get a dumpster to haul away their debris; and the city needs to start communicating regarding the equipment we are purchasing to do clean up in our city. Tommy Kulavik, 1316 Ohio Street stated that he feels that all city refuse/street and sanitary workers should be given a raise, for all the hard work they do; advising we have the best workers on our payroll you could ask for. Ernie Hallahan, 302 Gladys Street, commented on this ordinance and the last proposed ordinance that was TABLED; advising we are creating these fees/fines and all the people that have debris/garbage are going to do is dump their items on county roads. Scott Mellend, 200 Kenwood Place, advised that we have three (3) ordinances that all relate to garbage in one way another; let’s not have another permit to follow, just add language to the existing permits we have stating the responsibilities regarding clean up and required for requesting a “Special Pickup” is the way to go; we are already paying the labor, we need to cover the cost of disposal and it should be reasonable and competitive, we want to encourage updating and rehab to properties in our community and will help the housing stock. Mayor Parry advised we have here is a situation that is enormous, starting with the NICTD double track that has grown from a speck of dust to a biblical dust storm; stating that Michigan City has always been very generous with spring and fall clean-ups that we don’t charge, we do additional pickups for people that call in and need debris, appliances, etc. picked up at no charge; that with the excitement and speculation that is going on the city that we are getting so much activity in town with dumping things along Page 10 October 3, 2023 the side of the streets/curbs, our budget is not built for clean up five (5) days a week fifty-two (52) weeks a year; stating that there needs to be change to control what is happening in our daily routines at the sanitation, refuse, and street departments to keep up with pickups for our residents and new homeowners moving into our city limits. Mayor Parry commented on both Przybylinski members of the council were “red tagged” for starting work at their homes without a work permit and is the base element of the process. President Fitzpatrick asked if there were any other comments from the public, there was no response. Mike Milakovic doesn’t understand why not having fee structure should prevent the council from acting on this ordinance; advising that he read through this language that clearly explains to anyone that reads it; questions what is acceptable and what is not; advising that they will be presenting a fee structure advising that he will bring this forward but doesn’t understand how this fee impacts this council not to approve this document this evening. Councilwoman Deuitch agrees with Superintendent Milakovic that the previous ordinance that was TABLED has all the money language in it, not this document; it does talk about materials and accumulation nothing to do with fees or fines; advising that you don’t need a permit for everything you dispose at the curb or are we requiring this now, that she was under the impression that we wanted to start streamlining our procedures. Councilman P. Przybylinski commented on the statement Mayor Parry made regarding him being “Red Tagged” due to not having a permit to start the work at his house; explaining what happened with more misinformation coming from this administration, along with misinformation/communication between the Inspection Department and the contractor he hired to do this work. Councilman P. Przybylinski advised that he was looking for additional language in this ordinance that addressed rental properties; that our attorney has not had time to address these amendments to date and is another reason why he feels this should be TABLED that there are amendments that need to be made. Councilwoman Deuitch stated that she feels the our residents and new homeowners/businesses are educated regarding rules on when you should have your containers out for garbage pickup, what the timeframe is to have your empty container from the curb, regulations about fall/spring cleanups, special pickups, additional pickup; that we need to reach out to them letting them know what the procedures are and what needs to be followed to do them correctly. Councilman D. Przybylinski commented on the two (2) ordinances that are before the council this evening were not written by this council, but written and created by our City Attorney, Code Enforcement Officers, and the Sanitary District and then presented to us for review and recommendation. Councilman D. Przybylinski addressed the comments made by Mayor Parry regarding the false statements he made about him starting work on his fence before receiving his permit and was “Red Tagged”, stating on what happened. President Fitzpatrick commented on residents have always put couches, stoves, doors, windows out by the curb or in the alley and the city has always pickup after them and he feels that enough is enough the system has been abused to the point where we have to operate at a deficit in order to just pick up trash; contractors know they need to get dumpsters, people doing major remodels on their home know what they need to do; that this council shouldn’t have to change an ordinance and put new permits restriction permitting structures in place to deal with these issues, but this is where we are. Page 11 October 3, 2023 Councilman P. Przybylinski made a motion to TABLE the proposed ordinance until the November 21, 2023 Council meeting, second by Councilwoman Tillman. Councilman Kora stated his specific request that he would like to see is this happens in a certain timeframe, it should not punitive, and we should be a welcoming community that keeps our community clean with the language simple and easy to understand and easy to implement. The motion carried and was approved to TABLE the proposed ordinance on third reading by the following vote: AYES: Council members P. Przybylinski, Tillman, Fitzpatrick, Deuitch, D. Przybylinski, Simmons and Kora (7) NAYS: Council members Dabney and Mack (2) President Fitzpatrick called a five (5) minute break. President Fitzpatrick called the meeting back to order. The Clerk read the following proposed ordinance on third reading by title only MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4706 AN ORDINANCE OR RESOLUTION FOR APPROPRIATION AND TAX RATES (2024) Introduced by: Sean Fitzpatrick Paul Przybylinski NOTE: ORDINANCE 4706 IS FILED IN THE SAFE IN FILE NO. O-201 IN ITS ENTIRETY President Fitzpatrick asked if there were any comments from the author. Councilman P. Przybylinski made a motion to rescind our previous action on the amendment at our last meeting on September 19, 2023, second by Councilwoman Deuitch. Councilman P. Przybylinski made a motion to amend the proposed ordinance to cut two (2) million dollars from this proposed ordinance, with $500,000 cut directly from the Riverboat funds, second by Councilwoman Tillman, the motion carried, and the amendment read was approved by the following vote: AYES: Council members Fitzpatrick, Deuitch, D. Przybylinski, Simmons, P. Przybylinski, and Tillman (6) NAYS: Council member Dabney and Mack (2). Attorney Harris explained to Councilman Kora what motion Councilman P. Przybylinski was rescinding. Note: Councilwoman Tillman was excused due to being ill. The motion carried and the motion was rescind that was made at the September 19, 2023 Council meeting by the following vote: AYES: Council members Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Kora and P. Przybylinski (8) NAYS: Council members none (0). Councilman P. Przybylinski commented on one of the amendments/cuts made by the administration removing the money from the Lit fund cutting the proposed police cars and was one of the reasons he made the motion to rescind them making any cuts to the 2024 budget. Councilman P. Przybylinski made a motion to cut fund 2235# Riverboat under Engineer/Capital outlay of $750,000 which was miscellaneous paving which was not Page 12 October 3, 2023 designated for any certain paving plan for 2024 and needs to go back into the Riverboat fund. Councilman Dabney and Attorney Harris advised that the original motion when rescinding the cut that was made at the last meeting on September 19, 2023 automatically put this $750,000 back into the Riverboat Fund #2235, so there is no need to make another motion at this time. President Fitzpatrick stated there is a motion on the floor from Council P. Przybylinski asking if there was a second, there was no response and the motion to put the $750,000 back into the Riverboat Fund #2235 died for lack of a second. Councilman P. Przybylinski made a motion to the Central Service Department 116, Acct. No. 4450.20 machinery and equipment to purchase a bucket truck in the amount of $267,750 to be cut from their budget, second by Councilwoman Deuitch, the motion carried and the $267,750 was cut from the Central Service Department 2024 budget by the following vote: AYES: Council members Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Kora, and P. Przybylinski (8) NAYS: Council members none (0). Councilman D. Przybylinski made a motion to reduce the Park Department Fund #505 Acct. No. 4440.50 capital outlay improvements other than building to $50,000 from $165,000; this is at Gardena Park that was to resurface the walking trail; explaining why he was reducing the amount was due to it being crack sealed/repaired this year by the Street Department and should last 6 to 7 years before having to do anything to this trail; the motion was second by Councilman P. Przybylinski and was approved to reduce the amount to $50,000 by the following vote: AYES: Council members Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Kora, and P. Przybylinski (7) NAYS: Council member Dabney (1). President Fitzpatrick asked if there were any other comments from the council. Councilwoman Deuitch commented on the workshop that was held yesterday October 16, 2023 we discussed the cuts that the administration was proposing; especially about the walking trail advising that she went out there as well and agreed with Councilman D. Przybylinski that and is a good idea to crack seal the path this year to try it out. Councilwoman Deuitch commended Councilwoman Tillman for meeting with each department head questioning what their needs were, attending the meetings for each department, workshops, met with the Controller’s office and dedication to our city for doing such a great job on this budget. Councilwoman Deuitch made a motion to adopt the proposed ordinance, second by Councilman P. Przybylinski, motion carried and the ordinance was adopted by the following vote: AYES: Council members Mack, Deuitch, D. Przybylinski, Simmons, Kora, P. Przybylinski, Dabney, and Fitzpatrick (8) NAYS: Council member none (0). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4707 AN ORDINANCE SETTING SALARIES AND WAGES FOR APPOINTED OFFICIALS AND EMPLOYEES OF THE CITY OF MICHIGAN CITY, INDIANA, FOR THE CALENDAR YEAR 2024 WHEREAS, the Mayor must set the salaries and wages of appointed officials and employees of the City of Michigan City; and WHEREAS, the Common Council of the City of Michigan City must, pursuant to IC 36-4-7-3, set other said salaries and wages by ordinance; and WHEREAS, pursuant to IC 36-4-7-3, the Common Council of the City of Michigan City may by ordinance reduce, but may not increase, any salaries and wages set by the Mayor; and Page 13 October 3, 2023 WHEREAS, the Finance Committee of the Common Council of the City of Michigan City has recommended the following amendments to the schedule of salaries and wages set by the Mayor for Calendar Year 2024: 1. The proposed increase in the salary of the Police Chief should be reduced from thirteen percent (13%) to six percent (6%) over Calendar Year 2023, so that the Calendar Year 2024 salary for the Police Chief shall be established at $93,440.06. 2. The proposed increase in the salary of the Deputy Police Chief should be reduced from thirteen percent (13%) to six percent (6%) over Calendar Year 2023, so that the Calendar Year 2024 salary for the Deputy Police Chief shall be established at $84,617.68. 3. The proposed increase in the salary of the Fire Chief should be reduced from twelve percent (12%) to six percent (6%) over Calendar Year 2023, so that the Calendar Year 2024 salary for the Fire Chief shall be established at $92,910.06 4. The proposed increase in the salary of the Deputy Fire Chief should be reduced from twelve percent (12%) to six percent (6%) over Calendar Year 2023, so that the Calendar Year 2024 salary for the Deputy Fire Chief shall be established at $84,119.48. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, LaPorte County, Indiana, that: Section 1. Salaries and wages for appointed officials and employees be set for the year 2024, as follows: (Positions covered by collective bargaining agreements are marked with *) Bi-Weekly Salary Informational Only or Rate per Hour 2024 Annualized CITY EMPLOYEES Controller's Office: Controller $3,069.52 $79,807.52 Assistant Controller $2,785.63 $72,426.38 2nd Assistant Controller $2,619.83 $68,115.58 Payroll Administrator* $24.25 $50,440.00 Accounts Payable/Receivable Administrator $24.25 $50,440.00 Accounts Payable/Receivable Specialist* $21.86 $45,468.80 Clerk's Office: Deputy Clerk $1,940.22 $50,445.72 Assistant Deputy Clerk* $21.86 $45,468.80 Mayor's Office: City Administrator $2,411.91 $62,709.66 Promise Scholarship Director $2,242.31 $58,300.06 Special Events Planner $2,411.91 $62,709.66 Administrative Assistant III $21.86 $45,468.80 Arborist $2,543.07 $66,119.82 Administrator Assistant II - Special Events $20.78 $43,222.40 Planning & Inspection: Planning Director (Executive II) $2,786.17 $72,440.42 Assistant Planner $2,411.91 $62,709.66 Associate Planner $2,093.86 $54,440.36 Building Commissioner $2,370.32 $61,628.32 Administrative Assistant II $20.78 $43,222.40 Inspector $26.17 $54,433.60 Code Enforcement Inspector $26.17 $54,433.60 Human Resources: Human Resource Director (Executive II) $2,894.62 $75,260.12 Central Maintenance: Central Maintenance Superintendent (Executive I) $2,731.01 $71,006.26 Mechanic* $29.15 $60,632.00 Administrative Assistant II* $20.78 $43,222.40 Page 14 October 3, 2023 City Hall: Maintenance Forman $21.41 $44,532.80 Custodian I I $19.27 $40,081.60 Custodian I I (part-time) $19.27 Attorney: Corporation Counsel $4,132.31 $107,439.97 City Attorney $2,242.31 $58,300.00 Office Manager $24.25 $50,440.00 MC Transit: MC Transit Director (Executive I) $2,703.00 $70,278.00 Assistant Transit Director $2,141.61 $55,681.86 Driver* $22.71 $47,236.80 Administrative Assistant II* $20.78 $43,222.40 Washer/Custodian* $19.27 $40,081.60 Engineering: City Engineer $5,000.00 $130,000.00 Human Rights: Human Rights Director (Executive I) $2,619.83 $68,115.58 Fire Department: Chief $3,573.46 $92,9210.06 Deputy Chief $3,235.36 $84,119.48 Administrative Assistant III $21.86 $45,468.80 Seasonal Lifeguard $27.03 $56,222.40 Seasonal Assistant Head Lifeguard $28.12 $58,489.60 Seasonal Head Lifeguard $29.20 $60,736.00 Administrative Assistant I (part-time) $18.70 Police Department: Chief $$3,593.85 $93,440.06 Deputy Chief $3,254.53 $84,617.68 Administrative Assistant III $21.86 $45,468.80 Administrative Assistant II* $20.78 $43,222.40 Maintenance Foreman* $21.41 $44,532.80 Custodian II* $19.27 $40,081.60 Animal Control Director $22.71 $47,236.80 Animal Control Officer* $19.61 $40,788.80 Social Worker $2,364.62 $61,480.12 Animal Control Officer (part-time) $19.61 Crossing Guard $352.50 $6,345.00 Vector Control: Vector Control Officer $2,141.61 $55,681.86 Administrative Assistant II $20.78 $43,222.40 Vector Control Assistant Officer $22.45 $46,696.00 Laborer $19.27 $40,081.60 Seasonal Laborer up to $16.22/hr Street Department: Street Department Director (Executive I) $2,703.00 $70,278.00 Assistant Street Department Director $2,141.61 $55,681.86 Operator* $24.87 $51,729.60 Driver* $22.71 $47,236.80 Helper* $19.27 $40,081.60 Aviation: Airport Manager (Executive I) $2,703.00 $70,278.00 Foreman $21.41 $44,532.80 Laborer $19.27 $40,081.60 Laborer (part-time) $19.27 Cemetery: Cemetery Superintendent (Executive I) $2,703.00 $70,278.00 Page 15 October 3, 2023 Cemetery Assistant Superintendent $2,141.61 $55,681.86 Administrative Assistant I (part-time) $18.70 $24,684.00 Greenwood Working Foreman $21.41 $44,532.80 Swan Lake Working Foreman $21.41 $44,532.80 Mechanic $21.41 $44,532.80 Laborer/Driver $19.27 $40,081.60 Temporary/Seasonal Laborer up to $16.22/hr Administrative Assistant I (Seasonal) $18.70 Park Administration: Park Superintendent (Executive II) $2,923.40 $76,008.40 Assistant Park Superintendent (Executive I) $2,731.01 $71,006.26 Administrative Assistant II Accounts Payable/Receivable $20.78 $43,222.40 Administrative Assistant II Payroll $20.78 $43,222.40 Administrative Assistant II Rec Program Coordinator $20.78 $43,222.40 Seasonal Parking Sticker Clerk up to $16.22/hr Seasonal Parking Attendant up to $16.22/hr Seasonal Assistant Parking Supervisor up to $16.76/hr Seasonal Parking Supervisor up to $17.30/hr Seasonal Work Study Student up to $16.22/hr Seasonal Aquatic Facility Operator up to $17.30/hr Seasonal Assistant Splash Pad Operator up to $16.76/hr Seasonal Oasis Admission Clerk up to $16.22/hr Park Recreation: Recreation Director $2,242.31 $58,300.06 Seasonal Day Camp Director Up to $18.38/hr Seasonal Day Camp Leader up to $16.22/hr Seasonal Day Camp Supervisor up to $17.30/hr Summer Intern up to $16.22/hr Park Zoo: Zoo Director $2,453.49 $63,790.74 Assistant Zoo Director $26.17 $54,433.60 Retail Manager $26.17 $54,433.60 Zookeeper I $22.90 $47,632.00 Craftsman $22.45 $46,696.00 Seasonal Admission Cashier I up to $16.22/hr Seasonal Zookeeper/Laborer I up to $16.22/hr Seasonal Zookeeper/Laborer II up to $16.76/hr Seasonal Education Curator up to $16.22/hr Seasonal Guest Services Attendant up to $16.22/hr Seasonal Groundkeeper up to $16.22/hr Seasonal Train Attendant/Operator up to $16.22/hr Seasonal Aviary Attendant up to $16.22/hr Seasonal Animal Health Care Manager up to $20.00/hr Seasonal Dietician up to $16.22/hr Park Maintenance: Maintenance Director $2,370.32 $61,628.32 Operations Foreman $25.27 $52,561.60 Administration Foreman $25.27 $52,561.60 Craftsman $22.45 $46,696.00 Laborer $21.41 $44,532.80 Seasonal Custodian Laborer up to $16.22/hr Seasonal General Laborer up to $16.22/hr Seasonal Landscaping Laborer up to $16.22/hr Seasonal Patriot Park Laborer up to $16.22/hr Park Senior Center: Senior Center Director $2,287.15 $59,465.90 Administrative Assistant I (part-time) $18.70 Page 16 October 3, 2023 Golf: Greens Superintendent $2,370.32 $61,628.32 Golf Manager $2,242.31 $58,300.06 Assistant Greens Superintendent $25.27 $52,561.60 Golf Laborer $21.41 $44,532.80 Seasonal Assistant Golf Manager up to $18.00/hr Seasonal Laborer up to $16.22/hr Seasonal Shift Leader up to $16.22/hr Seasonal Clerk up to $16.22/hr Seasonal Cart Laborer up to $16.22/hr Seasonal Cook/Server up to $16.22/hr Park Concessions: Seasonal Zoo Gift Ship Attendant/Office Assistant up to $16.22/hr Seasonal Concession Attendant up to $16.22/hr Section 2. The fringe benefit program provided by the City includes medical insurance, vacation pay, vacation bonus, participation in the Indiana Public Retirement System (INPRS), and sick leave, as defined in the City Employee Handbook for non-contract, full-time employees in the following departments: Mayor, Controller, Clerk, Engineer, Personnel, City Hall, Attorney, Planning & Inspection, Cemeteries, Police, Fire, Aviation, Human Rights, Central Services, Vector Control, Street, Transit, Central Maintenance, Park, Redevelopment and the Promise Scholarship Director. Also included in the fringe benefit program are the following: the City Engineer, who shall maintain a minimum of thirty (30) hours per week as well as serving on or attending the meetings of the Board of Public Works & Safety and Plan Commission; and the Corporation Counsel, who shall maintain thirty (30) hours per week, and the City Attorney, who shall maintain twenty (20) hours per week, representing City departments in grievances, participating in all contract negotiations, representing and attending the meetings of the Board of Public Works & Safety, and prosecuting ordinance violations. Section 3. For the Animal Control Officer, the fringe benefit program provided by the City includes certification pay at the rate of $500 per year per certification with a maximum of three (3) certifications to be divided and included with the bi-weekly pay. Section 4. The fringe benefit program is further defined as providing a longevity program for non-contract employees who have worked three (3) or more years in a full-time capacity, the financial increment shall be $650 for each three (3) years of service to a maximum of $5,200. Section 5. Personnel who are subject to emergency calls outside of regular business hours will be provided with a City take-home vehicle. These include public safety personnel (Police and Fire) and one service employee per department per day when their service calls require tools that are carried in the vehicle (Animal Control, Vector Control, Parks & Recreation and Aviation). Section 6. For Park Maintenance only, on-call pay shall be provided at an additional $2.00 per hour as defined in a Park Resolution and approved by the Park Board. Section 7. Except for salaries included in Section 9 below, all salaries are annual and shall be paid in equal amounts on a bi-weekly basis over the number of bi-weekly periods in the calendar year. Set salaries are in effect for all payrolls issued in the calendar year governed by this ordinance. Section 8. All salaries and fringe benefits for union workers are subject to the terms, conditions, and limitations specified in the respective labor contracts for the year governed by this ordinance. Section 9. Members of the following boards and commissions shall receive compensation in the amounts listed for that board or commission, payable the following month. Annual Per Diem are the maximum amounts to be paid for that position, and the columns below in this Section depict if that position is paid monthly or paid per meeting attended. Council Members and Department Heads who serve on these bodies shall not receive the per diem. Annual Per Diem Monthly Board of Public Works & Safety: Page 17 October 3, 2023 Member $ 2,400.00 $ 200.00 Police Civil Service Commission: Member $ 1,800.00 $ 150.00 Fire Merit Commission: Member $ 1,800.00 $ 150.00 Fire Pension Board: Secretary $ 2,400.00 $ 200.00 Police Pension Board: Secretary $ 2,400.00 $ 200.00 Human Rights Commission: Secretary $ 1,800.00 $ 150.00 The following Board/Commission members must attend the meeting to receive compensation. Monthly Maximum Annual Per Diem /Meeting Board of Cemetery Trustees: Member $ 1,287.00 $ 107.25 Licensing Board: Member $ 600.00 $ 50.00 Plan Commission: Member $ 600.00 $ 50.00 Board of Zoning Appeals: Member $ 600.00 $ 50.00 Human Rights Commission: Member $ 600.00 $ 50.00 Social Status of African American Males Commission: Member $ 600.00 $ 50.00 Commission for Women: Member $ 600.00 $ 50.00 Tree Board: Member $ 600.00 $ 50.00 Sustainability Commission: Member $ 600.00 $ 50.00 Section 10. This ordinance shall be in full force and effect after passage by the Common Council and approval by the Mayor. INTRODUCED BY: /s/ Sean Fitzpatrick, Member Michigan City Common Council /s/ Paul Przybylinski, Member Michigan City Common Council President Fitzpatrick asked if there were any comments from the author, there was no response. President Fitzpatrick asked if the public had any questions or comments, there was no response. President Fitzpatrick asked if the council had any comments at this time. Councilman Dabney made a motion to approve the proposed ordinance, second by Councilman P. Przybylinski, motion carried and the ordinance was approved by the following vote: AYES: Council members Deuitch, D. Przybylinski, Simmons, Kora, P. Przybylinski, Dabney, Fitzpatrick, and Mack (8) NAYS: Council member none (0). The Clerk read the following proposed ordinance on third reading by title only. Page 18 October 3, 2023 MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4708 AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE MAYOR WHEREAS, pursuant to I.C. 36-4-7.2, the Michigan City Common Council is required by Indiana law to set the annual compensation of all elected City officers; and WHEREAS, the Common Council desires to establish the salary for the Mayor for 2024. NOW, THEREFORE, BE IT ORDAINED BY THE MICHIGAN CITY COMMON COUNCIL, as follows: Section 1. The Mayor of the City of Michigan City shall be paid an annual salary of $93,280.00 ($3,587.69 bi-weekly) from the General Fund beginning January 1, 2024. The General Fund is to be reimbursed $10,000.00 from the Sanitary District Operating Fund and $10,000.00 from the Department of Water Works to offset the salary of the Mayor. Section 2. The Mayor will be paid his annual salary based on the number of pays in that year divided by the number of scheduled pays for other employees. Said pays are to be issued at the same time as other pays. If the Mayor leaves his position, prior to the expiration of his tenure, he will be required to repay the City for any prepaid salary. When the salary is not evenly divisible by the number of pays in the year, the first payroll will be adjusted with the remaining payrolls made at the bi-weekly rate. Section 3. The fringe benefit program provided by the City for the Mayor includes medical insurance, vacation pay, vacation bonus, participation in the Indiana Public Retirement System (INPRS), and sick leave, as defined in the City Employee Handbook for non-contract, full-time employees. In addition, the Mayor shall participate in the longevity program provided to non-contract employees and shall receive a financial increment of $650 for each three (3) years of continuous full-time service to a maximum of $5,200. 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/ Sean Fitzpatrick, President Michigan City Common Council /s/ Paul Przybylinski, President Michigan City Common Council President Fitzpatrick asked if the authors had anything to add at this time, there was no response. Scott Mellend, 200 Kenwood Place asked what the annual salary was for 2024 for the Mayor. Clerk Neulieb advised Mr. Mellend that the Mayor’s annual salary for 2024 is $93,280.00. Rodney McCormick, 617 Union Street, stated that he feels Mayor Parry should forego this years raise and give it to Vector Control, Park Department, and Refuse Department. President Fitzpatrick asked if there were any other public comments, there was no response. President Fitzpatrick asked if the council had anything to add at this time. Page 19 October 3, 2023 Councilman Dabney made a motion to approved the proposed ordinance, second by Councilman D. Przybylinski, the motion carried and the ordinance was approved by the following vote: AYES: Council members D. Przybylinski, Simmons, Kora, Dabney, Fitzpatrick, Mack and Deuitch (7) NAYS: Council member P. Przybylinski (1). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4709 AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE CITY CLERK WHEREAS, pursuant to I.C. 36-4-7.2, the Michigan City Common Council is required by Indiana law to set the annual compensation of all elected City officers; and WHEREAS, the Common Council desires to establish the salary of the City Clerk for 2024. NOW, THEREFORE, BE IT ORDAINED BY THE MICHIGAN CITY COMMON COUNCIL, as follows: Section 1. The City Clerk of the City of Michigan City shall be paid an annual salary of $76,252.73 ($2,932.80 bi-weekly) from the General Fund beginning January 1, 2024. The General Fund is to be reimbursed $1,000.00 from the Sanitary District Operating Fund to offset the salary of the City Clerk. Section 2. The City Clerk will be paid her annual salary based on the number of pays in that year divided by the number of scheduled pays for other employees. Said pays are to be issued at the same time as other pays. If the City Clerk leaves her position, prior to the expiration of her tenure, she is required to repay the City for any prepaid salary. When the salary is not evenly divisible by the number of pays in the year, the first payroll will be adjusted with the remaining payrolls made at the bi-weekly rate. Section 3. The fringe benefit program provided by the City for the City Clerk includes medical insurance, vacation pay, vacation bonus, participation in the Indiana Public Retirement System (INPRS), and sick leave, as defined in the City Employee Handbook for non-contract, full-time employees. In addition, the City Clerk shall participate in the longevity program provided to non-contract employees and shall receive a financial increment of $650 for each three (3) years of continuous full-time service to a maximum of $5,200. 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/ Sean Fitzpatrick, Member Michigan City Common Council /s/ Paul Przybylinski, Member Michigan City Common Council President Fitzpatrick asked if the authors had anything to add, there was no response. President Fitzpatrick asked if the public had any questions or comments, there was no response. President Fitzpatrick asked if the Council had anything to add. Councilman Dabney made a motion to approve the proposed ordinance second by Councilman Kora, the motion carried and was approved by the following vote: AYES: Council members Simmons, Kora, P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch and D. Przybylinski (8) NAYS: Council member none (0). Page 20 October 3, 2023 The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4710 AN ORDINANCE ESTABLISHING SALARIES FOR THE FIRE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2024 WHEREAS, the salaries for the Fire Department must be set by ordinance pursuant to IC 36-8-3-3; and WHEREAS, the City of Michigan City, through the Common Council's Labor Committee and Firefighters Local #475, on behalf of the firefighters of the Fire Department, have previously negotiated a fair and equitable contract for the year 2022-2024 the terms of which continue until a new contract is approved by both the City and Firefighters Local #475. NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, that: Section 1. The salaries for the firefighters for the year 2024 shall be set as follows, subject to the terms and conditions of a labor agreement between the City of Michigan City and Firefighters Local #475: Base Wages: 2024 Training Officer $75,166.40 Fire Marshal $75,166.40 Assistant Chief $75,166.40 Captain $73,085.60 Lieutenant $71,004.80 Driver $68,924.00 First Class Firefighter (3 years) $66,843.20 Firefighter (1-2 year) $64,191.20 Probationary Firefighter $61,070.00 Public Information Officer Base Pay + $1,000.00 Section 2. Set salaries are in effect for all payrolls issued in the calendar year governed by this ordinance. This Ordinance to be effective upon passage by the Council, approved by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Sean Fitzpatrick, Member /s/ Paul Przybylinski, Member President Fitzpatrick asked if the authors had anything to add, there was no response. President Fitzpatrick asked if the public had any questions or comments. Tommy Kulavik, 1316 Ohio Street, appointee of the Council to the MCFD Fire Commission; stated that five (5) members of the fire department has already said were negotiated by their union; advising what the 2024 proposed wages would be; thanking Councilman Mack for introducing the ordinance brining the LIT tax fund to our county. President Fitzpatrick asked if the council had any comments. Councilman P. Przybylinski thanked the negotiating team and this council for adopting the LIT Tax and using these funds to bring the wages and benefits for the firefighters up to what surrounding communities are receiving. Page 21 October 3, 2023 Councilman Dabney made a motion to approve the proposed ordinance, second by Councilman P. Przybylinski, the motion carried and the ordinance was approved by the following vote: AYES: Council members Kora, P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, and Simmons (8) NAYS: Council member none (0). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4711 ESTABLISHING THE SALARIES FOR THE MICHIGAN CITY POLICE DEPARTMENT FOR THE CALENDAR YEAR 2024 WHEREAS, the salaries for the Police Department must be set by ordinance, pursuant to IC 36-8-3-3; and WHEREAS, previously, the City of Michigan City, through the Common Council's Labor Committee and the Michigan City Fraternal Order of Police Dunes Lodge #75 on behalf of the officers of the Police Department, negotiated fair and equitable salaries for the years 2022—2024 the terms of which continue until a new contract is approved by both the City and the Michigan City Fraternal Order of Police Dunes Lodge #75. NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, that: Section 1. The annual salaries for the Police Officers for the year 2024 shall be set as follows, subject to the terms and conditions of a labor agreement between the City of Michigan City and the Indiana F.O.P. Labor Council, Inc.: 2024: Probationary Patrolman $61,570.00 Patrolman (1 - 2 years) $64,691.20 1st Class Patrolman (3+ years) $67,343.20 Corporal $69,424.00 Sergeant $71,504.80 Lieutenant $73,585.60 Captain $75,666.40 Section 2. Set salaries are in effect for all payrolls issued in the calendar year governed by this Ordinance. This Ordinance to be effective upon passage by the Council, approval by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/Sean Fitzpatrick, President Michigan City Common Council /s/ Paul Przybylinski, Member Michigan City Common Council President Fitzpatrick asked if the authors had anything to add at this time. Councilman P. Przybylinski stated that this is on the same line as the Fire Department thanking the MCPD negotiating team for a great job done being able to bring the benefits and wages to the same level if not better than surrounding communities. President Fitzpatrick asked if the public had any questions or comments, there was no response. President Fitzpatrick asked if the council had any comments. Page 22 October 3, 2023 Councilman Kora stated that it is important for our community to adopt these two (2) ordinances, that we are establishing our priorities right and is happy to see this happen. Councilman D. Przybylinski made a motion to approve the proposed ordinance, second by Councilman P. Przybylinski, the motion carried and was approved by the following vote: AYES: Council members P. Przybylinski, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, and Kora (8) NAYS: Council member none (0). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4712 AN ORDINANCE SETTING THE ANNUAL SALARIES FOR THE COMMON COUNCIL MEMBERS WHEREAS, pursuant to I.C. 36-4-7.2, the Michigan City Common Council is required by Indiana law to set the annual compensation of all elected City officers; and WHEREAS, the Common Council now desires to set their annual compensation for 2024. NOW, THEREFORE, BE IT ORDAINED BY THE MICHIGAN CITY COMMON COUNCIL, as follows: Section 1. Each member of the Common Council of the City of Michigan City shall be paid an annual salary of $15,426.16 ($593.31 bi-weekly) from the General Fund beginning January 1, 2024. Section 2. Elected officials will be paid their annual salary based on the number of pays in that year divided by the number of scheduled pays for other employees. Said pays are to be issued at the same time as other pays. Elected officials leaving their position, prior to the expiration of their tenure, will be required to repay the City for any prepaid salary. When the salary is not evenly divisible by the number of pays in the year, the first payroll will be adjusted with the remaining payrolls made at the bi-weekly rate. 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/ Sean Fitzpatrick, President Michigan City Common Council /s/ Paul Przybylinski, Member Michigan City Common Council President Fitzpatrick asked if the authors had anything to add at this time. Councilman P. Przybylinski advised that the council can’t raise the amount being proposed for the Common Council more than the 6% the administration added; but would have liked to of seen it raised to what several of surrounding communities get, with some of them getting health insurance included and is an unthankful job that he never did it for pay but for the love of his city/community. President Fitzpatrick asked if there were any comments from the public. Rodney McCormick 617 Union Street that like he said about the mayor’s 6% increase the council’s 6% increase should go to the workers as well. Page 23 October 3, 2023 Tommy Kulavik, 1316 Ohio Street, stated that he disagrees with senior Council member P. Przybylinski that our council members annual salary be apportioned to other cities around the state of Indiana and should be offered health insurance. President Fitzpatrick asked if there were any comments from the Council. Councilman Dabney stated as Tommy pointed out that he did try to push for the council to have health insurance with even some of our annual salary to go into the insurance; that when negotiations happened with the city, in the new clinic that on Coolspring and Franklin Street the council was added to being able to go to this free clinic. Councilman D. Przybylinski advised that he is thankful for this job, enjoys serving the public, love taking care of problems and problems for our residents that call me about and get to know people better that live in our community and is fine what he is getting paid. Councilman D. Przybylinski advised that next year he is hoping that the Council President and Council Finance Chair get paid more due to the additional work and duties they must do. President Fitzpatrick reiterated this is a thankless job and you know we do it just because this what we do, we are public servants and enjoy what we do and agrees with Councilman D. Przybylinski that the President and Finance Chair should receive more do to the behind-the-scenes responsibilities that needs to be done. President Fitzpatrick asked if there are any other comments from the council. Councilman Dabney made a motion to approve the proposed ordinance, second by Councilman P. Przybylinski, the motion carried and the ordinance was approved by the following vote: AYES: Council members Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Kora, and P. Przybylinski (8) NAYS: Council member none (0). The Clerk read the following proposed ordinance on third reading by title only. CREATING ARTICLE 10 IN CHAPTER 22 ENTITLED “RENTAL INSPECTION PROGRAM”) Introduced by: Dalia Zygas (NOTE: THIS PROPOSED ORDINANCE WAS TABLED AT THE AUGUST 15, 2023 COUNCIL MEETING by Councilwoman Zygas UNTIL OCTOBER 3rd; if a council member doesn’t sponsor this ordinance it will die indefinitely) President Fitzpatrick advised that Dalia Zygas is no long a Council member; stating that this ordinance doesn’t have a sponsor to move forward; (repeating three times)asking “if there was anyone that would like to sponsor this proposed ordinance, there was no response, stating the ordinance will die due to no sponsor. . NEW BUSINESS President Fitzpatrick advised that there was no new business. UNFINISHED BUSINESS President Fitzpatrick stated that was no Unfinished Business this evening. Page 24 October 3, 2023 COMMENTS FROM THE PUBLIC President Fitzpatrick asked if there were any comments from the public. Tommy Kulavik, 1316 Ohio Street, announced that Pahs Road paving project is starting Monday, October 9, 2023 and that it should be completed by Saturday, October 14, 2023. Scott Mellend, 200 Kenwood Place, commented on the last council meeting regarding comments made at landlords and the misunderstanding about how taxes work when leasing/renting your property; explaining how the property tax works that we should be encouraging people to purchase and rehab homes instead of renting. Scott Mellend spoke on the flock cameras placed everywhere in our city and feels we don’t need these in a town of 32,000 people and is totally against them. Scott Mellend advised that he spoke to several of the council members after the last council meeting; and that his councilman asked to call him didn’t return his call, with his suggestion if anyone wants his vote in this election they respond. Rodney McCormick, 617 Union Street, advised that we do have a lot of good landlords and few bad landlords which makes it seem bad that they all are bad for everybody. Rodney McCormick stated that we were talking about the homeless issues we have in our community, that he saw that the benches are placed back in the downtown art district; advising that we do have an issue and that when he and President Fitzpatrick went and spoke to a few of them at Ames Field, the majority of them never lived here but were dropped off; but we should at least try to help them make sure they have credential, I.D. that you need in everyday of life. Mr. McCormick questioned the golf-cart garage doors that were damaged and if someone damaged them, was there a report filed, an insurance claim and if so where is that money, back in the general fund? Ernie Hallahan, 302 Gladys Street, commented on Council Dabney’s “Residential Rental Registration Program” that this ordinance needs to be tabled indefinitely; he doesn’t feel needs to pay an additional $5.00 to register that he is landlord; Councilman P. Przybylinski went and got a list of landlords names and addresses. Socrates Grey, 2030 Warnke Road, questioned about the $15,000 that was appropriated for lights to be placed in alley ways that was approved by the ARP Committee; questioning why they haven’t been purchased when they were approved to be purchased in July 2022; if there was an update regarding this purchase please. Brad Minick, Interim City Engineer, updated the schedule that Tommy offered for Pahs Road; they will be starting construction on Pahs Road in two weeks; they will start the week of October 16th and will be completed by Saturday, October 21st weather permitting. Brad Minick explained the underlayment that will be done on the Pahs Road paving for informational purposes to the public per Councilman P. Przybylinski’s request. COMMENTS FROM THE COUNCIL President Fitzpatrick asked if there were any comments from the Council. Councilman D. Przybylinski commented on the 2024 regarding the Clerk’s Office which there are three (3) positions the “Clerk” one “Deputy Clerk” and one “ Asst. Deputy Clerk” that when proposing the Clerk’s Office Budget for 2024 to Ms. Neulieb; the Mayor and Controller cut the “Asst. Deputy Clerk”; when questioned why the stated that it was Page 25 October 3, 2023 personnel issue which was looked into and there wasn’t anything filed in that office to refer to. Councilman D. Przybylinski read the letter Clerk Neulieb wrote to the Mayor advising him that he didn’t have the authority to do anything with the Clerk’s Office’s staff; explaining why it is important to have three (3) positions in the Clerk’s office which both Attorney Harris and Attorney Meyer agreed with Clerk Neulieb regarding the I.C. codes stated. Councilman D. Przybylinski commented on the apartment complex on 11th Street that he and Rodney McCormick went to see about issues that they were called about along with Vector Control and Street Department with them cleaning up the property around the complex, addressed some security issues regarding lighting and proud to thank the Vector Control and Street Department for their dedication and hard work along with Mr. McCormick and his organization for cleaning up this neighborhood. Councilman P. Przybylinski announced that he will be scheduling a workshop to address the fire truck that is needed for our MCFD; it was stated if we don’t order soon that the price will keep going up and the wait time for delivery will be at least three (3) – five (5) years; that we should have the money in the LIT fund to pay for the entire truck when it arrives. Councilman P. Przybylinski stated the situation with the mayor and the Clerk’s Office is petty; commenting on this is what the city and the council has been having to deal with the last three (3) years. Councilman D. Przybylinski addressed Tommy Kulavik being the Council’s Fire Merit Commission appointment and that he can wear his badge anywhere and anytime he wants; stating that it was embarrassing what Mayor Parry said to Mr. Kulavik in the middle of the BOW meeting yesterday. ADJOURNMENT A motion was made by Councilman P. Przybylinski second by Councilwoman Deuitch and there being no further business to transact, President Fitzpatrick declared the meeting ADJOURNED (approximately 9:04 p.m.) _________________________________ Gale A. Neulieb, City Clerk