06-24-02 Personnel & Finance and Health & Public Safety

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'CLommttt iz *oat: Nitta Outing of Mt letrootm/a an f tttat ve tommitt in anti braid) anti Vublit ga et3 tommittirt The June 24, 2002 joint meeting of the Personnel and Finance Committee and the Health and Public Safety Committee was called to order by Personnel and Finance Committee Chairperson Council Member James Aranowski at 5:15 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Aranowski, Pfeifer, Varner, Coleman, White, Kirsits, King, Ujdak and Kelly; Mayor Stephen Luecke, Ann Brunel, Gary Gilot, Jon Hunt, Citizen Member Khadijah Muhammad, Cheryl Greene,Jeff Jankowski,Terry Bland of the goutb GVthuttie and Kathy Cekanski Farrand,Council Attorney. Council Member Aranowski called for a presentation on Bill No. 45-02 which is a proposed ordinance approving and authorizing the granting of an indemnity in connection with the TJX Project. Mayor Stephen Luecke made the presentation. The Mayor stating that the city is preparing the site and are finding ground pollution. Water pollution flow beneath the site from another site. The proposed ordinance is based on governing state law. Mayor Luecke noted that the City of Indianapolis enter into a similar arrangement for the land where their incinerator is located. He concluded his remarks that the City will be asked to do this again in the future on other brownfield sites. Council Member Varner inquired whether the City of South Bend will be purchasing an insurance policy for the site to address this concern. Mayor Luecke stated that the city will not be buying a policy at this time,but may at a later point. Dr. Varner then inquired whether the potential liability is open-ended. Mayor Luecke stated that the city has identified the major third-parties with the city being the major one in light of the Olive Street well field. Gary Gilot, Director of Public Works stated that there are twelve (12) record environmental locations on this eighty(80) acre site. He then place a large notebook on the table entitled"Phase I & Phase II Environmental Assessment-SE Corner of Olive & Sample Street-Project# 005852-01 March 15, 2002". Mr. Gilot noted that there are two (2) IDEM areas: Ashland and Whiteford Trucking, and that there are ground water plumes. Underground storage tanks and other localized problems have been identified. Environmental remediation is projected not to exceed $1 million. Mr. Gilot concluded his remarks by stating that no private sector developer would undertake a project without such an indemnity. Dr. Varner inquired whether all potential pollution areas are known. Mr. Gilot stated that borings and grids have been taken. Council Member Pfeifer inquired about who the"unlikely third parties"may be who may file suit. Mr. Gilot stated that anyone on a private well down the street would fall into that category. Mr. Gilot further stated that there are approximately 200 private wells in the City of South Bend and that few are located in the area which may be affected. The City is currently looking for alternatives for those properties. Following discussion, Council Member King made a motion, seconded by Council Member Ujdak