11/26/84 Board of Public Works Minutes

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435 REGULAR MEETING NOVEMBER 26, 1984 Mr. Hill advised Mr. Fedder that it is his opinion that the operation would not need the transfer license to operate in the manner described. To further clarify the point, Mr. Hill read Section 4-51(a)(6) of the South Bend Municipal Code siting the definition of a transfer station. Mr. Hill further advised Mr. Fedder that he understands the concerns expressed but if the Transfer Station license would be granted from the Board it would give the applicant the right to have garbage and any other materials brought in to the transfer station. It is the Board's understanding that this is not the intent of this business. Mr. Hill read Section 4-51(a)(2) of the South Bend Municipal Code outlining the definition of a Recycling Operator in order to assure Mr. Fedder that he does not need the Transfer Station license for the type of business to be conducted. Mr. Fedder asked that the Board remove from the license application of Something of Value, Inc. the designation of Transfer Station originally indicated on the application. Therefore, upon a motion made by Mr. Hill, seconded by Mr. Vance and carried, the application of Something of Value, Inc. was amended to indicate that the application was for a Recycling Operation only. Mr. Leszczynski indicated that due to the list of ten (10) Department of Code Enforcement violations and twelve (12) Fire Department violations that need to be corrected before the operation can begin, he is uneasy about recommending issuance of a license at this time and it would be his preference to know when the violations will be corrected. Mr. Fedder stated that the business will begin operation approximately twelve (12) months from now and all violations will be corrected. He further stated that the applicant wishes the license granted at this time so he can proceed with securing contracts with a supplier and the Bendix Corporation. Without the assurance of a license, the contracts cannot be executed. Mr. Hill advised Mr. Fedder that the Board understands the intent but also understands that the application must go through the complete process in order to be considered for issuance. He stated that the Board would only want to recommend the issuance of the license subject to full compliance with the violations indicated in the above referred to reports. The Common Council would have some concern as to what type of timetable has been developed to have those items taken care of. Mr. Collier advised that no violations will be corrected until the summer of 1985. Mr. Leszczynski recommended to the Board that the matter of the license application be tabled in order for the applicant to meet with the Department of Code Enforcement and the Fire Department to develop a detailed schedule addressing the various code and fire violations, said timetable to be presented to the Board and the Common Council on December 3, 1984, so it will be known when the violations can expect to be corrected. Mr. Hill stated that the Board would be in a position at that time of granting the license subject to the work being done in accord with the definite timetable and any approval given would be contingent on that timetable. Councilwoman Beverly Crone was present and asked why a 1984 license is being sought at this time instead of waiting until 1985, if the operation will not begin for at least twelve months. In response, Mr. Fedder advised that the operation is still in the planning stage and contracts with the supplier and with the Bendix Corporation must be signed now in order to assure their business when the operation is ready to begin.