REGULAR MEETING March 20, 2012

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1 REGULAR MEETING March 20, 2012 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday evening, March 20, 2012 at the hour of 6:30 p.m., local time, in the Common Council Chambers, located in the lower level of the City Hall Building, 100 East Michigan Boulevard, Michigan City, Indiana. The meeting was called to order at 6:30 p.m. by Council President Marc Espar. Roll call was authorized and the following were noted present and/or absent: PRESENT: COUNCIL MEMBERS Tim Bietry, Pat Boy, Joe Doyle, Marc Espar, Ron Hamilton Jr., Richard Murphy, Duane Parry, Don Przybylinski and Chris Schwanke (9). ABSENT: None (0). A QUORUM WAS NOTED PRESENT. ALSO PRESENT: Clerk Gale Neulieb, Deputy Clerk Kim Sliwa and Council Attorney James Meyer. APPROVAL OF MINUTES President Espar inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of March 6, Councilman Schwanke made a motion to approve the Regular meeting minutes, second by Councilmen Bietry and Parry. The minutes were approved as printed. Council President Espar stated there were two Executive Sessions held on March 5th & 13th, 2012, inquiring if there were any corrections to these minutes and hearing none, a motion was made by Councilman Doyle, second by Councilwoman Boy and approved. REPORTS OF STANDING COMMITTEES Councilman Murphy advised the Finance Committee met prior to the Council meeting, stating the Committee unanimously recommended approval for Riverboat Fund #9000 in the amount of $6, Councilman Parry presented the following Michigan City Common Council Public Health and Safety Committee report that was held on March 13, 2012: Members: Duane A. Parry, Chairman Public Notice: March 8, 2012 Marc Espar Ron Hamilton Jr. Re: Review Proposed Resolution to acquire Meeting Date: March 13, 2012 Eastport School Property for New Police Station

2 Page 2 March 20, 2012 Attendees: Tim Bietry - Council Member Pat Boy - Council Member Joe Doyle - Council Member Marc Espar - Council President Ron Hamilton Jr. - Council Member Duane Parry - Council Member Don Przybylinski - Council Member Chris Schwanke - Council Member James Meyer - Council Attorney Ron Meer - Mayor Donna Pappas - Controller John Espar - City Attorney Andy Matanic - City IT Mgr. Mark Swistek - Chief, MCPD Tim Richardson - Chief of Operations, MCPD Tim Moran - Michigan City News-Dispatch Reporter The Public Health and Safety Committee (PHSC) met on March 13, The meeting began at 7:40 p.m. All PHSC members were present. First, Michigan City Police Department (MCPD) Representatives Swistek and Richardson distributed informational packets on the School Resource Officer Program and explained how it would be implemented as part of the Eastport Property Exchange Agreement. PHSC Chairman Parry provided details of his walk through of the building, stating his opinion that Michigan City should acquire the building, adding the Council should consider what the best use of the building would be before demolishing it and building a police station in it s place. PHSC member Hamilton produced documents showing multiple other tracts of land owned by Michigan City that he felt should receive consideration as the site for a new police station. The presence of asbestos pipe insulation, and asbestos containing vinyl floor tile and roofing material in the building was discussed, addressing primarily the stated intention of Michigan City Area Schools (MCAS) to remove the friable asbestos (pipe insulation), and the absence of language in the resolution requiring removal by MCAS. Attendee Przybylinski relayed health concerns expressed by family members of several MCAS employees who passed away from cancer after working for years in the building, suggesting Radon testing of the site be performed. After open discussion, the consensus of committee and administration members present was that the property should be acquired for the site of a new police station, provided the resolution is revised to include language obligating MCAS to remove all friable asbestos containing material in the building at it s cost. Council Attorney Meyer agreed to draft the revised resolution. PHSC member Espar motioned to support approval of the resolution as revised, which was seconded by member Parry. The PHSC committee voted unanimously to support the resolution as revised. With no other matters before the committee, the meeting was adjourned at 8:35 p.m. REPORTS OF SPECIAL OR SELECT COMMITTEES There were no reports of special or select committees. REPORTS of OTHER CITY OFFICERS and DEPARTMENTS There were no reports of other city officers and departments. CLAIM DOCKETS Councilman Parry made a motion to approve the claims from Fund #9000 Riverboat in the amount of $6,486.00, second by Councilman Bietry. President Espar asked if there were any comments and hearing none, the motion was carried. Motion carried 9 0. PETITIONS There were no petitions. COMMUNICATIONS The Clerk read the following letter received in the Clerk s Office on March 12, 2012:

3 Page 3 March 20, 2012 Dear Council Members: Recently a question was asked in reference to the Michigan City Police Departments Federal COP Officer Grant which allowed us funding to hire three (3) additional officers for a period of three years. Thus increasing our staffing from 90 sworn officers to a maximum of 93. Assistant Chief Royce Williams is the grant administrator and has prepared an informational packet for each Council member outlining the grant dates, details, and a copy of the resolution. Please take the time to review the packet which has been delivered to the Clerk s office and will be in your mailbox Monday. If you have any questions please feel free to either call or Chief Williams. Thank you again for allowing us to assist with your questions reference this important grant. Chief Mark J. Swistek RESOLUTIONS Council President Espar asked if there was a Council Member that wished to make a motion to remove tabling the following resolution that was TABLED at the March 6, 2012 Council meeting (SUPPORTING AND APPROVING EXCHANGE OF FORMER EASTPORT SCHOOL PROPERTY AS SITE FOR NEW MICHIGAN CITY POLICE STATION FOR CERTAIN CITY PROPERTY AND SERVICES - Introduced by: Chris Schwanke) and hearing none, the resolution stands TABLED. ORDINANCES The Clerk read on 1 st reading by title only, APPROVING ADDITIONAL APPROPRIATION FOR TWO SEASONAL PART-TIME POSITIONS IN THE PARK AND RECREATION DEPARTMENT Introduced by: Joe Doyle ( DECREASE: Fund #1301Unappropriated balance -$14,850. INCREASE: Account # $1, Seasonal Salaries & Wages - $13,795. INCREASE: Account # FICA - $ 1,055.) Councilman Hamilton requested to be added to the proposed ordinance as a Co- Sponsor. President Espar advised that he would be referring the additional appropriation ordinance to the Parks and Recreations Committee for their recommendation and report back to the Common Council. The Clerk read on 2 nd reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR CITY EQUIPMENT UPGRADE TO COMPLY WITH THE NARROW BANDING REQUIREMENTS OF THE FEDERAL COMMUNICATION COMMISSION (FCC). Introduced by: Marc Espar (DECREASE: Riverboat Fund # 9000 Unappropriated balance $80, INCREASE: ACCOUNT # Contractual Services $ 80,000.00) Council President Espar stated the proposed additional appropriation was a request from the Communication Committee of the City to upgrade the equipment so that it would be in compliance, and have the ability to communicate with the Emergency Management Center of LaPorte County where they intend to upgrade their system by April, Council President Espar advised Mayor Meer requests to have third reading this evening so they can expedite the acquisition of the equipment necessary to upgrade the City s equipment, asking if there was any objection.

4 Page 4 March 20, 2012 The formal public hearing was opened when President Espar asked (repeating three times) is there anyone from the public who wishes to address the Council and hearing none, the public hearing was closed. Council President Espar asked if there were any questions or comments by the general public or Council and hearing none, the proposed ordinance was laid over for third reading. President Espar stated if there was no objection by the Council the proposed ordinance would be read by the Clerk on 3 rd reading. The Clerk read on 3 rd reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR CITY EQUIPMENT UPGRADES TO COMPLY WITH THE NARROW BANDING REQUIREMENTS OF THE FEDERAL COMMUNICATION COMMISSION (FCC) WHEREAS, it has been demonstrated to the Common Council of the City of Michigan City that it is necessary to appropriate more money than was appropriated in the 2012 Annual Budget for the Riverboat Fund for City equipment upgrades to comply with the narrow banding requirements of the Federal Communication Commission (FCC); and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Riverboat Fund #9000 to be appropriated for that purpose. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, LaPorte County, Indiana, that for the expenses of the City the following additional sums of money are hereby appropriated out of the fund named and for the purpose specified, subject to the laws governing the same: AMOUNT REQUESTED DECREASE Riverboat Fund # 9000 Unappropriated balance $ 80, AMOUNT APPROPRIATED INCREASE ACCOUNT # Other Machinery & Equipment $ 80, TOTAL FOR FUND $ 80, 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/ Marc Espar, President Michigan City Common Council Councilman Doyle made a motion to adopt the proposed ordinance, second by Councilman Przybylinski. Council President Espar asked if there were any questions or comments by the Council and hearing none the ordinance was adopted by the following vote: AYES: Council Members Boy, Doyle, Espar, Hamilton, Murphy, Parry, Przybylinski, Schwanke, and Bietry (9). NAYS: None (0). The Clerk read on 3 rd reading by title only, APPROVING ADDITIONAL APPROPRIATION FOR THE REINSTATEMENT OF THE POSITION OF MECHANIC IN THE CENTRAL MAINTENANCE DEPARTMENT

5 Page 5 March 20, 2012 Introduced by: Marc Espar (DECREASE: Fund #0101 Unappropriated balance -$50,211.89, INCREASE: Account # $38, Salaries & wages, INCREASE: Account # $2, Overtime, INCREASE: Account # $3, FICA, INCREASE: Account # $ 5, PERF) NOTE: This ordinance was TABLED at the March 6, 2012 Council meeting on third reading. President Espar stated the proposed ordinance was reviewed by the Finance Committee recommending unanimously to approve the additional appropriation for the reinstatement of the Mechanic s position. Councilman Bietry called a point-of-order stating that wasn t how he remembered it happening, stating that the proposed ordinance was TABLED at the last Council meeting (March 6, 2012). President Espar stated the proposed ordinance was TABLED at the March 6, 2012, advising the recommendation at the Finance Committee meeting was to leave the proposed ordinance TABLED. Council President Espar advised if there wasn t a motion the ordinance would remain tabled indefinitely. UNFINISHED BUSINESS President Espar stated Mayor Meer requested advice and consent concerning their appointment of Mr. Anthony Childers as a member of the Port Authority Commission, advising the Council received a letter from Mayor Meer informing them that Mr. Childers had respectfully requested his name be withdrawn from consideration for a Mayors appointment for the Port Authority. NEW BUSINESS President Espar stated Mayor Meer requests advice and consent concerning the appointment of Mr. Mark Huffman as a member of the Historic Review Board. With the Council s advice and consent, Mr. Huffman s term would begin March 15, 2012 and would expire on March 15, Council President Espar stated Mayor Meer requests advice and consent concerning the re-appointment of Mr. Derrick Dirks as a member of the Historic Review Board. With the Council s advice and consent, Mr. Dirk s term would begin upon approval and expire in three years. President Espar stated Mayor Meer requests advice and consent concerning the appointment of Mr. Michael Graham as a member of the Historic Review Board. With the Council s advice and consent, Mr. Graham s term would begin upon approval and would expire in three years. President Espar advised the Clerk s Office received a letter from Mayor Meer informing the Council that he respectfully requested to withdraw Mr. Graham from consideration for a Mayor s appointment for the Historic Review Board. Council President Espar stated Mayor Meer requests advice and consent concerning the appointment of Mr. Keith Deveraux as a member of the Historic Review Board. With the Council s advice and consent, Mr. Deveraux s term of office would begin upon approval and would expire in three years. Councilman Hamilton asked to refer the Mayor s request to committee.

6 Page 6 March 20, 2012 Council President Espar advised that the Mayor s requests for advice and consent of the three appointments as a member of the Historic Review Board would be referred to the Planning and Zoning Committee with a recommendation and report at the April 3, 2012 Council meeting. COMMENTS FROM THE PUBLIC Scott Kuchta, 1400 Tryon Road and resident of Tryon Farms addressed the Council regarding the residents from Tryon Farms have organize an annual cleanup each year to clean up the liter along Tryon Road, inviting the community to get involved throughout LaPorte County with the County wide cleanup on April 21, 2012, 9:00 a.m. 12:00 p.m. ( Keep America Beautiful Great American Cleanup ) Alicia Ebaugh, Education Coordinator, LaPorte County Solid Waste District, asked the Council to get involved with the LaPorte County Community Cleanup Day that will be held on April 21, 2012, 9:00 a.m. 12:00 p.m. advising other organizations and people in the community getting involved with the National Keep America Beautiful Great American Cleanup in LaPorte County on April 21 st. Councilman Schwanke stated he had communication with Mr. Kuchta regarding their event and are going to partner up with them asking a few businesses in the 6 th Ward for donations or pick an area in the 6 th Ward that needs clean-up on April 21, Mr. Schwanke asked the Mayor to entertain a resolution of support to contribute to Keep America Beautiful Great American/LaPorte County Wide Clean-up. Dennis Metheny, 6757 W. 450 N., requested of the Council that before appointing anyone to a Board or Commission to ask them to attend the Council meeting when being introduced for an appointment, re-appointment or the request for advice and consent from the Mayor. Mr. Metheny, addressed the Council regarding the amount of sand at Washington Park on the sidewalks, and the walkway that was built last year from the Senior Center to Lake Michigan. COUNCIL COMMENTS Councilman Przybylinski addressed the Council with his concerns with an incident that took place at Washington Park on Saturday, March 17, 2012 where a 19 year old girl was shot while driving through the Park parking lot. Councilman Przybylinski stated he visited the Fire Department, Street Department, Refuse and Central Maintenance Department thanking the department heads for showing him the daily operations that occur every day. Councilman Przybylinski commented on the Workshop that was held on Thursday, March 15, 2012 regarding the access road (south entrance) to Beachwalk, advising that he talked to Mr. Moss and he would be having the road repaired in the near future. Councilman Schwanke stated that he was at Beachwalk on Monday (March 19, 2012) and the road was being repaired and the Fire Department was there inspecting it. ADJOURNMENT A motion by Councilman Doyle, supported by Councilman Parry, and there being no further business to transact, President Espar declared the meeting ADJOURNED (approximately 7:07 p.m.). Gale A Neulieb, City Clerk