REGULAR MEETING November 5, 2013 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday evening, November 5, 2013 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 Parry. Roll call was authorized and the following were noted present and/or absent: PRESENT: COUNCIL MEMBERS Tim Bietry, Richard Murphy, Joe Doyle, Marc Espar, Don Przybylinski, Ron Hamilton, Duane Parry, and Chris Schwanke (8). ABSENT: Pat Boy (1). A QUORUM WAS NOTED PRESENT. ALSO PRESENT: Gale Neulieb City Clerk, Kim Sliwa Deputy Clerk, and Council Attorney James Meyer APPROVAL OF MINUTES President Parry inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of October 15, 2013 and Special Meeting held on October 30, 2013. Councilman Przybylinski made a motion to approve the Regular meeting minutes held on October 15, 2013 and Special meeting minutes held on October 30, 2013, second by Councilmen Hamilton and Schwanke. The minutes were approved as printed. (CLERK S NOTE: Councilwoman Boy entered the chambers and was noted present) REPORTS OF STANDING COMMITTEES President Parry stated the Finance Committee met prior to the Council meeting advising Committee members Parry, Bietry, and Przybylinski were present, the Committee unanimously recommended approval for the Riverboat Fund #9000 in the amount of $528,974.00 and the Boyd Development Fund #0417 in the amount of $4,290.00. President Parry stated the $307,911.38 claim was to Reith Riley Construction Company for Septembers street and sidewalk repair, $52,680.01 to Donley Safety, Moore Medical, Lowe s Building Supply, Kabelin Ace Hardware, and Menards for fire truck pumper and safety equipment for the Michigan City Fire Department, $18,538.00 claim was to Sauers Ford for one (1) new vehicle for the Michigan City Police Department, $30,815.35 claim was to Gilsinger Implement Co., Inc., for two (2) multi terrain vehicles for the Washington Park Zoo, $118,956.00 claim was to Round Tower Technologies Inc., for IT equipment for the Michigan City Sanitary District, and $4,290.00 claim was to McCormick Engineering, LLC for engineering services on the Michigan City Golf Course Culvert Draining Project. Council President Parry reported on the Finance Committee meeting held on Monday, October 21, 2013 to review the following proposed ordinances:
Page 2 November 5, 2013 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR PURCHASE OF AN EMERGENCY GENERATOR FOR THE CENTRAL MAINTENANCE DEPARTMENT ( DECREASE: Riverboat Fund # 9000 Unappropriated balance -$80,000.00. INCREASE: ACCOUNT 9000 0000 04 442.00 Improvements to Buildings $80,000.00) AMENDING SECTION 50-91 OF THE MUNICIPAL CODE FOR MICHIGAN CITY, INDIANA COMMONLY KNOWN AS THE FEE FOR REDEMPTION OF IMPOUNDED ANIMALS AND THE ANIMAL SERVICES FUND President Parry stated no approval was recommended by the Committee on the generator ordinance due to information received at that meeting from Ben Neitzel, Central Maintenance Supervisor regarding additional items that he felt needed to be replaced. President Parry advised the Committee recommended that he amend the ordinance. President Parry stated the approval of the proposed Animal Control Ordinance was unanimously supported. Councilman Bietry presented the following report from the meeting that was held on October 22, 2013 by the Select Committee on Codification of the Human Rights Ordinances: Present: Chair Tim Bietry, Council-Committee Members Don Przybylinski and Rich Murphy, Mayor Ron Meer, HR Director Angela Jackson, HR Asst. Sojourner Atwater, Attorneys Amber LaPaich, Larry Arness, and Jim Meyer, HR Commissioners JoAnn Engquist and Mary Ellen Quinn, NAACP representative Joan Chumley, and community member Ryan Fly, Bill White, H. Mitchell, Eunice Lewis, Bobby Armstrong, Faye Moore, and Meghan Buell. The meeting began at 6:00 p.m. Mr. Bietry took a few minutes to clarify the makeup of the committee. Mr. Bietry complimented Attorney LaPaich on the work completed to combine Ordinances 2303 and 4102. Mr. Murphy moved that the committee recommend approval of the amended version to the full council, second by Mr. Przybylinski. Approved unanimously. There was a brief discussion among committee members about whether to proceed with Ordinance 3283 or not given that Dr. Jackson has resigned as Director of the HR Department. It was decided that any discussion on amendments to this ordinance should wait until a new director was selected. Mayor Meer expressed that we will work with a selection committee comprised of representatives of the Human Rights Commission. An ordinance asking the City Council to approved funds for the remainder of 2013 will be on the agenda for the November 5, 2013 Council meeting. This process of selecting a new director will take at least 6 to 8 weeks and it could go longer depending upon the qualifications of interested parties. There being no further business to discuss, the meeting was adjourned at 6:23 p.m. The Committee will meet again at a future date/time after a new director for HR has been hired. Councilman Bietry presented the following report from the meeting that was held on Wednesday, October 23, 2013 by the Select Committee on Human Rights Oversight; Present: Chairperson Tim Bietry, Councilman Don Przybylinski, Human Rights Director Dr. Angela Jackson, Human Rights Office Manager SoJo Atwater, HRC Members Jo Ann Engquist, Nila Williams, Vickie Long, and Sunny Akhigbe, Committee Member
Page 3 November 5, 2013 Audra Peterson, NAACP representative Joan Bates, Titilayo Akhigbe, Faye Moore, H. Mitchell, and Pastor David Ashley and DeLaine Hunter, and John Regal representing Local #81. I. A. The meeting was called to order at 6:00 p.m. Mr. Bietry read a brief summary from Councilman Rich Murphy outlining the pre-bid meeting on the Sanitary Districts project this morning. II. A. Mr. Bietry introduced Mr. John Regal who is a representative from Laborer s Local Union #81. Mr. Regal stated that the union has approximately 50 Michigan City residents on its member list. It is easy for him to pull names off that list for contractors interested in complying with the hiring ordinance. Although people hired by a contractor to work on a project can eventually be brought into the union after a number days the union prefers to use members of its existing list. He stated that all craft union need to open their doors to students from A.K. Smith. He feels that the Laborer s Union has done a fine job of working with the hiring ordinance. B. IBEW uses the Indiana Plan and has good experience with it. This is a good way to gain entry into the craft and trade unions. III. A. Ms. Peterson stated that she has just signed an M.O.U. with the Carpenter s Union to open their doors to A.K. Smith students. The students can earn up to 14 college credits to Ivy Tech and/or apprentice programs by attending and successfully completing course work at A.K. Smith. A similar agreement is in the works with NIPSCO in the area of electrical technician. Students who complete the course work will be guaranteed an interview. Ms. Peterson stated that similar courses could be made available for displaced workers at night but the cost may be prohibitive. Work One does have some grant monies available that may be able to find night school programs of this nature. Programs such as these do require that applicants pass a drug test and this has been a requirement that up to ½ of the applicants have failed in recent times. B. Mr. Bill White was not able to attend so there was no discussion concerning OSHA training. The meeting was adjourned at 7:05 p.m. the next meeting is postponed until after the Mayor has hired a new Human Rights Director. 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 President Parry stated the Claims for Fund #9000 Riverboat was $528,974.00 and $4,290.00 claims for Fund #0417 Boyd Development. President Parry asked if there were any other comments and hearing none, a motion by Councilman Przybylinski was made, second by Councilman Bietry, and was approved. Motion carried 9 0. PETITIONS There were no petitions. COMMUNICATIONS There was no communications received.
Page 4 November 5, 2013 RESOLUTIONS The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4551 SUPPORTING THE RE-ESTABLISHMENT AND RE-OPENING OF A FULL SERVICE INDIANA WORKFORCE DEVELOPMENT OFFICE IN MICHIGAN CITY, INDIANA WHEREAS, Indiana Workforce Development (hereinafter referred to as WorkOne ) has recently announced a new requirement that the recipients of unemployment insurance benefits must periodically present themselves at a WorkOne office for either re-certification or in-person verification of benefits interviews; and WHEREAS, in the midst of a difficult recession, unemployment compensation benefits remain a critical source of income support for many LaPorte County residents, who have lost a job either through a layoff or other reason through no fault of their own; and WHEREAS, LaPorte County s only full-service Work One office is on the south side of the City of LaPorte as the Michigan City s Work One office was closed several years ago; and WHEREAS, many recipients of unemployment compensation reside in Michigan City and do not have private transportation, and, currently, there is no inter-urban bus service between Michigan City and LaPorte; and WHEREAS, a significant number of unemployed individuals reside in Michigan City and the new requirement for re-certification or in-person verification of benefits interviews makes it imperative that a full service Work One office be located in Michigan City, Indiana; and WHEREAS, with Michigan City continuing to be burdened by unemployment rates that are higher than the state and national averages, it is critical that Michigan City residents have convenient access to a local WorkOne office that provides needed job posting and training options; and WHEREAS, there is an obvious need for the State of Indiana to re-open a Work One office in Michigan City, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Michigan City, LaPorte County, Indiana, that: 1. The Common Council finds that, in light of the current high unemployment in Michigan City and the lack of available public transportation from Michigan City to the closest Work One office, it is imperative that a full service WorkOne office be re-established and reopened in Michigan City, Indiana as soon as possible. 2. A copy of this resolution shall be forwarded to the following: a. Every state legislator representing a portion of LaPorte County with a written request, signed by the Mayor and the Council President, that each such legislator make a request to the state administration that a full service Work One office be reestablished and re-opened in Michigan City, Indiana; and b. Office of Governor Mike Pence and to the Office of Lt. Governor Sue Ellsperman with a cover letter signed by the Mayor and the Council President making it clear that it is imperative that the State of Indiana take any and all reasonable and necessary steps to re-establish and re-open a full service Work One office in Michigan City, Indiana as soon as possible.
Page 5 November 5, 2013 This Resolution is to take effect immediately upon passage by the Michigan City Common Council and approval by the Mayor. INTRODUCED BY: /s/ Duane Parry, President Michigan City Common Council President Parry stated he feels supporting the re-establishment and re-opening of a full service Indiana workforce development office in Michigan City is overdue and should be located within the City. Councilman Hamilton made motion to adopt the proposed resolution, second by Council Members Boy and Przybylinski. Council President Parry asked if there were any other questions or comments from the general public or Council and hearing none the proposed resolution was adopted by the following vote: AYES: Council Members Murphy, Parry, Przybylinski, Schwanke, Bietry, Boy, Doyle, and Hamilton (8). NAYS: Councilman Espar (1). Councilman Murphy asked the Clerk to read the following proposed resolution in its entirety: MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4552 SUPPORTING LAPORTE COUNTY S VETERANS TREATMENT COURT WHEREAS, November 11, 2013 marks the twelfth straight year of America at war and there are now more than 23 million U.S veterans including 2.4 million from wars in Iraq and Afghanistan; and WHEREAS, the men and women of our military shoulder the burden of safeguarding our freedom; and WHEREAS, the United States military instills a sense of honor, duty, leadership, commitment and respect, evident in the millions of veterans who have returned home to their communities as productive citizens; and WHEREAS, one in five veterans have symptoms of a mental disorder or cognitive impairment 1, one in six veterans from Operation Enduring Freedom and Operation Iraqi Freedom suffers from substance abuse issue 2, and research continues to draw a link between substance abuse and combat-related mental illness 3 ; and WHEREAS, increasing numbers of veterans nationwide are appearing in the courts to face charges stemming directly from these issues; and WHEREAS, the LaPorte County Veterans Treatment Court is our community s response to the growing need for an alternative to incarceration specifically for justice-involved veterans; and 1 RAND Ctr. For Military Health Policy and Research, Invisible Wounds of War: Psychological and Cognitive Injuries, Their Consequences, and Services to Assist Recovery III. (Terri Tanielan & Lisa H. Jaycox, eds., 2008). 2 Substance abuse and Mental Health Services Administration, Office of Applied Studies. (November 1, 2007). The NSDUH Report: Serious Psychological Distress and Substance Use Disorder Among Veterans. Rockville, MD. 3 Dep t of Def. Task Force on Mental Health, an Achievable Vision: Report of the Department of Defense Task Force on Mental Health, at ES-1 (2007).
Page 6 November 5, 2013 WHEREAS, many veterans have access to exclusive economic benefits and health services through the U.S. Department of Veterans Affairs, State Department of Veterans Affairs, County Departments of Veterans Affairs, and a variety of additional programs for veterans operated through Veterans Service Organizations at federal, state, and local levels; and WHEREAS, grouping justice-involved veterans into a specific court docket significantly expedites access to veteran-specific resources, including benefits and treatment earned through military service; and WHEREAS, veterans deeply value their military experience and share an inimitable bond among their peers; and WHEREAS, the LaPorte County Veterans Treatment Court will build upon this camaraderie by allowing participants to go through the treatment court process with mentors, who are also veterans that have previously gone through similar issues; and WHEREAS, the LaPorte County Veterans Treatment Court will begin receiving applicants to the program on or about April 1, 2014; and WHEREAS, Veterans Treatment Courts have captured national attention as a critical and effective tool for ensuring veterans in the criminal justice system do not fall through the cracks. NOW THEREFORE BE IT RESOLVED that the Common Council of Michigan City, Indiana hereby declares as follows: 1. The Veterans Treatment Court model is recognized as a critical solution for saving the lives, families, and futures of our nation s veterans. 2. The Common Council appreciates and applauds the efforts of the LaPorte County Judiciary in creating and implementing a Veterans Treatment Court in our county. This Resolution is to take effect immediately upon passage by the Michigan City Common Council and approval by the Mayor. INTRODUCED BY: Richard Murphy, Member Michigan City Common Council Councilman Murphy stated he was honored to introduce this resolution before the Council with it being a week before Veteran s Day. Councilman Murphy explained the proposed resolution is supporting the LaPorte County s Veteran Treatment Court advising the veteran s treatment court is a program initiated by Judge Jennifer Koethe of LaPorte County and is a problem solving court focused on addressing the needs of veterans in the criminal justice system. Councilman Murphy stated that Judge Koethe is present this evening welcoming her to say a few words about the program. Judge Jennifer Koethe thanked the Council, and Mayor Meer for inviting her to the Council meeting in support of LaPorte County Veteran s Treatment Courts. Judge Koethe stated that many of the local veterans who are returning home from military service, especially Iraq and Afghanistan, are having difficulty with everything from unemployment to adjusting to family life again to posttraumatic stress disorder, alcohol abuse, substance abuse and traumatic brain injuries. With these difficulties numerous veterans have found themselves caught in the criminal justice system. As a result of the veterans who enter court in LaPorte County Judge Koethe established a veteran s treatment court team. Judge Koethe advised the team is in the process of filing for a certification through the Indiana Judicial System for the veteran s court, which the LaPorte County Veteran Treatment Court team expects to have running by April, 2014. Judge Koethe stated when the program is established, she expects the program to be twelve (12) to eighteen (18) months long, advising the program is designed to focus on the individual needs of the veteran who is referred by the court to the program. Judge Koethe explained how the program will work and advised mentoring programs are really
Page 7 November 5, 2013 essential to helping the veterans get through the criminal justice system and move on and be a productive member in the community. Judge Koethe asked the Council for their support of the proposed resolution before them this evening. Jim Schaeffer, Service Disabled Veteran addressed the Council regarding the proposed resolution supporting the LaPorte County Veterans Treatment Program and also stated several reasons to support this resolution. President Parry thanked Mr. Schaeffer for attending the meeting this evening and reminding us of an issue that grows and will continue to grow until everyone is aware of it. Councilman Przybylinski thanked Judge Koethe, Mr. Schaeffer for attending the meeting this evening advising Prosecuting Attorney Bob Szilagyi is present to support the LaPorte County Veterans Treatment Program. Councilman Przybylinski stated he supports all veterans and armed forces advising as a public and as a nation we have to assist them in any way possible and would be supporting the proposed resolution. Councilwoman Boy thanked everyone involved in supporting the Veterans Treatment Program and bringing it forward and addressing these issues. Councilwoman Boy stated several veterans return home from duty, they feel there is something wrong, not knowing if there is, but yet don t know where to go for assistance, that she feels this program will help so many of these vets. Councilman Bietry commented on camaraderie from Mr. Schaeffer that he is right on target advising he is a veteran and that veterans are the largest fraternity in America, there is a warm spot in veterans heart for every other veteran (they re a band of brothers). Councilman Bietry applauded Councilman Murphy for bringing this resolution to the Council. LaPorte County Prosecuting Attorney Bob Szilagyi stated the program itself is not a slap on the wrist for any veteran, their involvement is with the criminal justice system, the Prosecutors Office is involved because they are the ones that have to decide whether to send them or whether to dismiss the charges and also decides what kind of plea arrangement. Attorney Szilagyi stated the mentoring program for the veterans is a very important part of the program, asking the Council for their support. Councilman Schwanke stated he was going to ask to Co-Sponsor this proposed resolution but he didn t see the purpose since it is going to be a hand down unanimous support by the Council. Councilman Schwanke thanked Judge Koethe, for coming this evening, putting this program together for our veterans and also thanked Prosecuting Attorney Szilagyi and Mr. Schaeffer for their input. Councilman Schwanke made a motion to adopt the proposed resolution, second by Council members Boy, Murphy, and Przybylinski. President Parry asked if there were any other questions or comments from the general public or Council and hearing none, the proposed resolution was adopted by the following vote: AYES: Council Members Parry, Przybylinski, Schwanke, Bietry, Boy, Doyle, Espar, Hamilton, and Murphy (9). NAYS: None (0). ORDINANCE The Clerk read the following ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION FOR THE REINSTATEMENT OF THE POSITION OF DIRECTOR IN THE HUMAN RIGHT S DEPARTMENT Introduced by: Pat Boy Rich Murphy (DECREASE: Fund #0101 Unappropriated balance -$8,878.88. INCREASE: Account #0101 0309
Page 8 November 5, 2013 01 411.001 - $7,359.20 Salaries & wage. INCREASE: Account #0101 0309 01 413.001 - $562.98 FICA. INCREASE: Account #0101 0309 01 413.002 - $956.70 PERF) President Parry stated he would be referring the proposed ordinance to the Finance Committee for their review and recommendation. NOTE: President Parry stated there would be a formal public hearing at the next Council meeting November 19, 2013. Council President Parry asked if there were any questions or comments from the general public or Council, and hearing none the proposed ordinance was held over for second reading at the November 19, 2013 Council Meeting. The Clerk read the following ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR THE PURCHASE OF INFORMATION TECHNOLOGHY UPGRADES FOR CITY FACILITITES Introduced by: Tim Bietry Duane Parry (DECREASE: Riverboat Fund #9000 Unappropriated balance $1,905,000.00. INCREASE: ACCOUNT 9000 0000 04 443.020 - $1,905,000.00) President Parry stated he would be referring the proposed ordinance to the Finance Committee for their review and recommendation. NOTE: President Parry stated there would be a formal public hearing at the next Council meeting November 19, 2013. Council President Parry asked if there were any questions or comments from the general public or Council, and hearing none the proposed ordinance was held over for second reading at the November 19, 2013 Council Meeting. The Clerk read the following ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR THE DEMOLITION OF EASTPORT SCHOOL Introduced by: Chris Schwanke (DECREASE: Riverboat Fund # 9000 Unappropriated balance - $227,171.00. INCREASE: ACCOUNT 9000 0000 04 443.019 Old Eastport Site Improvements -$227,171.00) Councilman Schwanke stated along with other information the Council received regarding the proposed ordinance a letter was received from AMERCO advising the reason he introduced/supported the proposed ordinance was because the demolition/asbestos cost came in at $193,337.00 stating he said he would support anything less than $200,000.00 to remove this building. Councilman Schwanke stated the reason the appropriation is for $227,171.00 is due to AMERCO s budget managements cost at $14,500.000 with the $19,000.00 contingency. President Parry stated he would be referring the proposed ordinance to the Finance Committee for their review and recommendation. NOTE: President Parry stated there would be a formal public hearing at the next Council meeting November 19, 2013. Council President Parry asked if there were any questions or comments from the general public or Council, and hearing none the proposed ordinance was held over for second reading at the November 19, 2013 Council Meeting.
Page 9 November 5, 2013 The Clerk read the following ordinance on first reading by title only, AMENDING CHAPTER 2 AND CHAPTER 66 TO REMOVE THE WORD HANDICAP AND REPLACE WITH THE WORD DISABILITY AND DELETING THE PROVISIONS OF THE CONTRACT COMPLIANCE PROGRAM FROM CHAPTER 2 AND AMENDING CHAPTER 66 TO RECODIFY THE PROVISIONS OF THE CONTRACT COMPLIANCE PROGRAM AND THE MICHIGAN CITY LOCAL HIRING PROGRAM IN THE MUNICIPAL CODE FOR MICHIGAN CITY, INDIANA Introduced by: Tim Bietry Rich Murphy Council President Parry asked if there were any questions or comments from the general public or Council, and hearing none the proposed ordinance was held over for second reading at the November 19, 2013 Council Meeting. The Clerk read the following ordinance on second reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR PURCHASE OF AN EMERGENCY GENERATOR FOR THE CENTRAL MAINTENANCE DEPARTMENT Introduced by: Ron Hamilton Councilman Hamilton made a motion to adopt by substitution the following; MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR PURCHASE OF AN EMERGENCY GENERATOR FOR THE CENTRAL MAINTENANCE DEPARTMENT WHEREAS, it has been demonstrated to the Common Council of the City of Michigan City that it is necessary to appropriate more money than was appropriated in the 2013 Annual Budget for the Riverboat Fund for the purchase of material and labor for an emergency generator and other electrical repairs and upgrades for the Central Maintenance Department, including expenses necessary to the installation of an emergency shut off at the gas pumps, electrical repairs and upgrades to bring the Central Maintenance building to code, replacement of interior and exterior lighting with energy efficient lighting and the replacement of two (2) furnaces; 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 $85,414.00 AMOUNT APPROPRIATED INCREASE ACCOUNT 9000 0000 04 442.006 Improvements to Buildings $85,414.00 TOTAL FOR FUND $85,414.00
Page 10 November 5, 2013 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: Ron Hamilton, Member Michigan City Common Council Councilman Hamilton stated Ben Neitzel Superintendent of Central Maintenance is present to inform the Council on what the amendments are and why they are being proposed. Ben Neitzel, Superintendent of Central Maintenance addressed the Council regarding the proposed amendments advising there are additional cost for electrical upgrades and installation of interior lights that need to be completed before purchasing the emergency generator. Council President Parry stated as this ordinance was revised when the Finance Committee met to review he advised he would be referring this back to the Finance Committee for their review and recommendation of the amendments being proposed. President Parry stated there will be a formal public hearing this evening. Councilman Hamilton advised there is a motion on the floor that needs to be addressed before having the formal public hearing. The motion was second by Councilwoman Boy. Councilman Schwanke asked the Chair to have comments on the motion of the proposed amendment. Mr. Neitzel addressed Councilman Przybylinski s questions advising after the Finance Committee he had the current generator inspected finding that the starter is bad which would need to be replaced along with the exhaust system. Mr. Neitzel advised he received an estimate from McAllister in the amount of $2,000.00 for these repairs. Mr. Neitzel addressed Councilman Schwanke s question regarding the two (2) estimates received to replace the generator advising why the higher estimate was chosen. Councilman Schwanke stated he has several questions regarding spending the money to replace the generator that is currently there, advising he doesn t see the need for a generator in a building that has never had a generator to service an emergency to date. Councilman Schwanke questioned the language in the proposed amended ordinance in the first WHEREAS that states including but not limited to installation of an emergency shut off at the gas pumps, electrical repairs and upgrades to bring the Central Maintenance building to code, replacement of interior and exterior lighting with energy efficient lighting and the replacement of two (2) furnaces; and Councilman Przybylinski agreed with Councilman Schwanke that the following language including but not limited to installation be removed and specific language stating where the monies are going to be spent be added. Councilman Schwanke stated there is a motion on the floor to acceptt the proposed amended ordinance by substitution as written. Councilman Schwanke advised if the Author would remove his motion along with the second motion called by Councilwoman Boy, make the changes to the language that have been proposed and then make the motion to adopt the proposed amended ordinance with the language changes a vote can be taken. Councilman Hamilton and Councilwoman Boy removed their motions.
Page 11 November 5, 2013 Councilman Hamilton made an Author s amendment to the first WHEREAS to read as follows; 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 2013 Annual Budget for the Riverboat Fund for the purchase of material and labor for an emergency generator and other electrical repairs and upgrades for the Central Maintenance Department, including expenses necessary to the installation of an emergency shut off at the gas pumps, electrical repairs and upgrades to bring the Central Maintenance building to code, replacement of interior and exterior lighting with energy efficient lighting and the replacement of two (2) furnaces; and Councilman Hamilton made a motion to adopt the proposed amended ordinance with the language change by the Author, second by Councilwoman Boy. Council President Parry asked if there were any other questions or comments from the Council and hearing none, the amended ordinance by substitution was adopted by the following vote: AYES: Council Members Przybylinski, Schwanke, Bietry, Boy, Doyle, Espar, Hamilton, Murphy, and Parry (9). NAYS: None (0). The formal public hearing was opened, with President Parry asking is there anyone from the public who wished to address the Council? Jerry Passmore, 518 Washington Park Boulevard addressed the Council regarding the amendment that was made asking if the Central Maintenance building would have to be rewired if purchasing the 600 amp generator. President Parry advised the language was amended in the proposed ordinance but has not been approved yet. President Parry asked (three times) if there were anyone else from the public who wished to address the Council, there was no response and the hearing was closed. Council President Parry asked if there were any questions or comments from the general public or Council, and hearing none the proposed amended ordinance was held over for third reading at the November 19, 2013 Council Meeting. The Clerk read the following ordinance on second reading by title only, AMENDING SECTIONS 46-212 AND 46-213 COMMONLY KNOWN AS THE FLOODPLAIN ESTABLISHED BY THE MUNICIPAL CODE FOR MICHIGAN CITY, INDIANA Introduced by: Rich Murphy Pat Boy Councilman Murphy reminded everyone this is a correction to the ordinance of technical language that was incorrectly provided to the City. Councilwoman Boy stated at the last Council meeting on October 15, 2013 Councilman Murphy requested to have second and third reading at this meeting. President Parry asked if there was any objection to have second and third reading this evening and hearing none, second and third reading will be this evening. The Clerk read the following ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL
Page 12 November 5, 2013 ORDINANCE NO. 4255 AMENDING SECTIONS 46-212 AND 46-213 COMMONLY KNOWN AS THE FLOODPLAIN ESTABLISHED BY OF THE MUNICIPAL CODE FOR MICHIGAN CITY, INDIANA WHEREAS, in May 2013, the City of Michigan City (hereinafter referred to as City ) learned from the Indiana Department of Natural Resources that new countywide floodplain maps were produced for LaPorte County and will become effective on November 6, 2013; WHEREAS, because the City participates in the National Flood Insurance Program (NFIP), the new maps must be formally adopted in the City s local floodplain ordinance, which said ordinance is codified in Sections 46-211 through 46-217 of the Michigan City Municipal Code, prior to November 6, 2013; WHEREAS, in May 2013, the Indiana Department of Natural Resources provided the City with model language for the City to adopt the new maps into the City s local floodplain ordinance; WHEREAS, although the City adopted the model language and passed Ordinance No. 4240 on July 2, 2013, the Indiana Department of Natural Resources recently advised that that there were a few words in the model language that needed to be eliminated, and as a result, the City would need to further amend said floodplain ordinance; and WHEREAS, the need currently exists to amend Sections 46-212 and 46-213 contained in Chapter 46 of the Municipal Code to adopt the new countywide floodplain maps per the Indiana Department of Natural Resources prior to November 6, 2013. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City that the following amendments be made the Michigan City Municipal Code: 1. The definition of Special Flood Hazard Area (SFHA) in Sec. 46-212 is hereby amended to now read as follows: Special Flood Hazard Area (SFHA) means those lands within the jurisdictions of the City of Michigan City subject to inundation by the regulatory flood. The SFHAs of the City of Michigan City are generally identified as such on the La Porte County, Indiana and Incorporated Areas Flood Insurance Rate Map prepared by the Federal Emergency Management Agency, dated November 6, 2013 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. The SFHAs of those parts of unincorporated La Porte County that are within the extraterritorial jurisdiction of the City of Michigan City or that may be annexed into the City of Michigan City are generally identified as such on the La Porte County, Indiana and Incorporated Areas Flood Insurance Rate Map prepared by the Federal Emergency Management Agency and dated November 6, 2013 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FHBM or FIRM as Zone A, AE, A1- A30, AH, AR, A99, or AO). 2. Sec. 46-213(b) is hereby amended to now read as follows: This Article s protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the Indiana Department of Natural Resources for review and approval. (1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the City of Michigan City shall be as delineated on the one-percent annual chance flood profiles in the Flood Insurance Study of La Porte County, Indiana and Incorporated Areas dated November 6, 2013 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency
Page 13 November 5, 2013 with the most recent date and the corresponding Flood Insurance Rate Map prepared by the Federal Emergency Management Agency and dated November 6, 2013 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (2) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the City of Michigan City, delineated as an "A Zone" on the La Porte County, Indiana and Incorporated Areas Flood Insurance Rate Map prepared by the Federal Emergency Management Agency and dated November 6, 2013 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. (3) In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community s known flood prone areas shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. This Ordinance shall take effect on November 6, 2013, after the same has been passed 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/ Richard Murphy, Member Michigan City Common Council /s/ Pat Boy, Member Michigan City Common Council Councilman Bietry made a motion to adopt the proposed ordinance, second by Councilwoman Boy. Council President Parry asked if were any questions or comments from the Council and hearing none, the ordinance was adopted by the following vote: AYES: Council Member Schwanke, Bietry, Boy, Doyle, Espar, Hamilton, Murphy, Parry, and Przybylinski (9). NAYS: None (0). The Clerk read the following ordinance on second reading by title only, AMENDING SECTION 50-91 OF THE MUNICIPAL CODE FOR MICHIGAN CITY, INDIANA COMMONLY KNOWN AS THE FEE FOR REDEMPTION OF IMPOUNDED ANIMALS AND THE ANIMAL SERVICES FUND Introduced by: Chris Schwanke Council President Parry asked if there were any questions or comments from the general public or Council, and hearing none, the proposed ordinance was held over for third reading at the November 19, 2013 Council Meeting. The Clerk read the following ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4256 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE ANIMAL CONTROL FUND FOR COMPLANCE WITH SEC. 50-91 OF THE MICHIGAN CITY MUNICIPAL CODE
Page 14 November 5, 2013 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 2013 Annual Budget for the Animal Control Fund to comply with Memorandum of Understanding with Michiana Humane Society and the Independent Cat Society; and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Animal Control Fund #615 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 Animal Control Fund #0615 Unappropriated balance $4,062.61 AMOUNT APPROPRIATED INCREASE ACCOUNT #0615 0000 03 439.011 Contractual Services $4,062.61 TOTAL FOR FUND $4,062.61 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: Chris Schwanke, Member Michigan City Common Council Councilman Schwanke stated the proposed additional appropriation is for funds that are collected from animal (cats/dogs) tag fees collected and in return split between the Humane Society, Independent Cat Society, Fried s Cat Shelter and LaPorte County Small Animal Shelter. Councilman Schwanke thanked Chief Royce Williams who is the head of the Animal Control Board and is present to answer any questions the Council may have. President Parry stated a formal public hearing was held at the last Council meeting on October 15, 2013. Councilman Schwanke made a motion to adopt the proposed ordinance, second by Council members Boy, Bietry, and Hamilton. Council President Parry asked if there were any comments from the general public or Council and hearing none, the ordinance was adopted by the following vote: AYES: Council Members Bietry, Boy, Doyle, Espar, Hamilton, Murphy, Parry, Przybylinski, and Schwanke (9). NAYS: None (0). UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS President Parry stated at the October 15, 2013 Council meeting Mayor Meer requested advice and consent of members of the Common Council regarding the re-appointment of Mr. James Guerrucci, Mr. Sunny Akhigbe, and the appointment of Ms. Sharon Wright, as members of the Human Rights Commission with their appointment terms starting
Page 15 November 5, 2013 November 2, 2013 and will expire on November 2, 2017. President Parry stated the Council will vote this evening regarding the appointments. President Parry asked if there were any comments from the general public or Council and hearing none, Mr. James Guerrucci, Mr. Sunny Akhugbe, and Ms. Sharon Wright, were appointed to the Human Right Commission by the following vote: AYES: Council Members Boy, Doyle, Espar, Hamilton, Murphy, Parry, Przybylinski, Schwanke, and Bietry (9). NAYS: None (0). COMMENTS FROM THE PUBLIC There were no comments from the public. COMMENTS FROM THE COUNCIL Councilman Przybylinski thanked Mayor Meer for having stopped contractors refuse pick up from City Hall and have our own Sanitary District employees pick it up making it more cost efficient. ADJOURNMENT A motion by Councilman Hamilton, supported by Councilman Doyle and there being no further business to transact, President Parry declared the meeting ADJOURNED (approximately 7:31 p.m.). Gale A Neulieb, City Clerk