03-25-02 Utilities Committee and Health & Public Safety

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Qommittee mrt: pint Minting of tie tttizities Qommittee anb bald) arid. teublit itabay committee The March 25, 2002 joint meeting of the Utilities Committee and the Health and Public Safety Committee was called to order by Health and Public Safety Committee Chairperson Council Member Andy Ujdak at 5:00 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Aranowski, Pfeifer, Varner, Coleman, King, Ujdak and Kelly; Mayor Stephen Luecke, Dr. Janice Carson, St. Joseph County Health Officer; Gary Gilot, Carl Littrell, Jon Hunt, Citizen Member Isabele Gonzalez, Beth Leonard, Tony Vacuso, Dave Turngate, John Stancati, Mark Nelson, Terry Bland of the *out") Vettd `l;+rriunt and Kathy Cekanski Farrand,Council Attorney. Council Member Ujdak noted that the first item on the agenda was to review Substitute Bill No. 14-02 which would adopt the St. Joseph County Health Department Wellhead Protection Ordinance,as amended. This Bill was initially heard in a joint committee meting on March 11th. Mr. Gary Gilot then introduced Dr. Janice Carson, St. Joseph County Health Officer, to make the presentation. Dr. Carson stated that additional information was sent to the Council in light of the questions raised at the last meeting. Dr. Varner noted that if a person is in noncompliance the proposed ordinance calls for a fine up to $ 1,500 per day which he believes may be too discretionary. He suggested that guidelines be discussed with regard to how the amount of fine would be established, when the circumstances would warrant the amount of the suggested fine and the circumstances that would warrant it. Dr. Carson stated that the fines are necessary in order to protect the residents. In response to a question from Citizen Member Gonzalez,it was noted that 54 companies had been contacted. The Council Attorney noted the amendments to the proposed substitute bill would be necessary in light of the fact that the resolution attached to the bill is incomplete on the first page; and that the non-reverting fund language has been subsequently amended by the County. Dr. Carson confirmed the amendments noted by the Council Attorney. Mr. Gilot stated that he would have amendatory language ready for this evening and would read it into the record during the presentation. Dr. Varner suggested that the Council be updated on a regular basis, especially since pesticides are being updated. Dr. Varner further noted that he has spoken with many individuals and that they are in favor of proactive legislation which protects the ground water. Council Member Pfeifer thanked Dr. Carson and her staff for providing additional information and for coming to the second meeting. Following discussion, Council Member Coleman made a motion, seconded by Council Member Aranowski that Substitute Bill No. 14-02 as to be amended be recommended favorably to Council. The motion passed.