01-10-11 Common Council Meeting Minutes

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REGULAR MEETING JANUARY 10, 2011 Councilmember Henry Davis stated that he is trying to work with the sponsors of the bill so that they can make sure some of these things are being taken care of Kathy Cekanski-Farrand advised that because of the public safety concerns that they started last spring in giving a draft ordinance to the Council and the Administration. She stated that this is a good example of the administration sending all of their concerns which have been incorporated into the substitute bill to give again a mechanism, a tool for them to try address what has clearly been a safety factor now in a better way. She stated that if they don't provide that mechanism and continue to improve upon it they will never make any progress in this area. Councilmember Varner stated that he appreciates everyone's efforts on this bill. However, there are two things that strike him, one is that Ms. Toppel stated that during major snow falls the city goes out and cleans the sidewalks, why would he want to make his constituents fully responsible and place a burden on them for something the city can do. Secondly, what is a major snowfall? He stated that he is all in favor of public awareness and getting the word out to the citizens of South Bend, but what constitutes a major snowfall. He stated that a major snowfall is when the City determines that it is a major snowfall and his constituents are subject to a fine. He stated that it going to have to be defined or the Mayor's Office is going to have to define it. Other than that it becomes way too arbitrary however well it intended is meant to be and he does appreciate that. He stated that he is going to get calls from his constituents because this thing is too way open ended and some people are going to get cited while others are not. This has happened with parking tickets as well; someone got a ticket when the car either behind them or in front of them did not. He stated that if we could come up with some reasonable definitions telling people exactly what is going to happen then he would be okay with it. But this bill is way too arbitrary. Councilmember Puzzello stated that there is one very helpful tool that she is hopeful that they will be using and that is the Mayor's Public Service Announcements. She stated that he had on Saturday, noting that people should stay off the streets and roads unless in case of an emergency and will add to that if there is enough snow so that they are worried about sidewalk shoveling and will be keeping a close watch on schools, hospitals and churches and anything else that may be important. Councilmember Oliver Davis questioned that people cannot be fined with the ordinance that is currently on the books? Kathleen Cekanski-Farrand advised that the mechanism that the City of South Bend currently has is when the city through the Department of Code Enforcement goes there and removes the snow and then charges for that removal which is estimated at approximately $109.00, because in the listing of ordinance violation it shows $15.00 and does not show an amount in the guts of the ordinance there is no enabling legislation that authorizes that $15.00, it is merely a listing. Councilmember Oliver Davis stated that this has been on the books since 1972, and questioned that no citations have been issued because of this. Kathleen Cekanski-Farrand stated that to her knowledge there have been citations issued and if they had been challenged they could have been overturned. And that is why they are trying to close that loophole. Councilmember Rouse stated that Councilmember Varner wanted to know why the bill wasn't presented as closing a loop hole. Councilmember Varner stated that it doesn't change his decision that he will be making tonight, but wanted to know why it wasn't presented as such. 9