10-21-74 Council Meeting Minutes

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REGULAR MEETING OCTOBER 21, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) wondered about the reference to the municipally -owned buses in the other sections of the ordinance Council President Nemeth felt the same change should be made in the other sections, and he so move seconded by Councilman Miller. Council President Nemeth felt it might be easier to simply define the words "municipally -owned bus" in a separate paragraph in the ordinance. There was further discussion on the correct method of amending the ordinance, after which Council President Nemeth suggested that all previous motions, except the first motion to amend by incorporating into the Municipal Code, be withdrawn. This was agreed to by the Council members. He then made a motion to further amend the ordinance by adding a new paragraph (a) and renumbering the remaining para- graphs as follows: "Municipally -owned bus" means any bus which is owned by the South Bend Public Transportation Corporation or the City of South Bend. Councilman Miller seconded the motion. Councilman Parent wondered if the amendment could include leased buses, and Mr. Roemer suggested that the phrase include the words "owned or operated ". Council President Nemeth then made a motioi to amend his previous motion to read as follows: "Municipally -owned bus" means any bus which is owned or operated by the South Bend Public Transportation Corporation or the City of South Bend. Councilman Miller seconded the motion. He also brought up the question of enforcement and the second paragraph of the amended ordinance regarding a person to knowingly permit a violation of the ordinance. Mr. Roemer indicated that a sworn police officer would have to make any arrests concerning violations; however, the driver of the bus would have to warn anyone in violation to stop smoking on the bus. He felt this was merely a question of policy. Council President Nemeth made a motion to strike that paragraph, being (b), and renumber the remaining paragraphs according . seconded by Councilman Kopczynski. Councilman Miller wondered if the Public Transportation Corporation had been contacted regarding the proposed ordinance, and Mr. Roemer indicated that Miss Cekanski had discussed the matter with officials of the PTC. Council President Nemeth's last two motions to amend carried. Councilman Serge then made a motion that the ordinance be recommended favorably to the Council,as amended, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND MUNICIPAL WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1975, AND ENDING DECEMBER 31, 1975, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Water, made the presentation for the ordinance. He indicated that the Water Works budget had bee discussed several times in caucus with the Council members. He stated that he had tried to answe all their questions in a letter he had submitted to them. He indicated that he operated under th Public Service Commission rules and regulations and account numbers, and the books have been kept that way for many years. He stated that he was of the opinion that the Council could raise or lower any items or make any suggested changes regarding accounts. He stated that meters, pipes, valves, and hydrants are purchased and not charged off until actually used. He talked about the various projects being undertaken by the Water Works, and he stated that this money could not be expected or anticipated in advance. He had no idea on how much the Water Works would receive on jobs done. Councilman Szymkowiak stated that private developers utilize the Water Works' service in installin pipes and watermains. He wondered if a profit was realized by the city. Mr. Krueper felt the operation should be competitive. He stated that the watermains eventually become property of the city and the city preferred to construct them and install them for that reason. He stated that he wanted to encourage the developers to have the work done by the Water Works rather than going to the outside. He assured Councilman Szymkowiak that the Water Works "breaks even" on the projects. Councilman Szymkowiak felt there should be a markup of 20% on the projects so the Water Works coup, make some money doing the jobs. Mr. James Roemer, City Attorney, stated that the Water Works was a not - for - profit corporation. Mr. Krueper indicated that the projects are done on a cost basis. j Mr. Gene Evans, Executive Secretary of the Civic Planning Association, thanked Mr. Krueper for the time he had spent with the Civic Planning Association in answering many of their questions. He felt the changes made by Mr. Krueper were definitely improvements to the Water Works system. Councilman Parent talked about the rusty water problem in the northwest portion of the city. He stated that Mr. Krueper had requested $7,500 for a study to try and resolve the problem. He wondered what could be done to take care of the problem. Mr. Krueper stated that the Water Works had done as much in -house work as possible during the last year and funds had not been available in the past. He stated that, with the rate increase, some funds would now be available for the study. He stated that the filtration plants have been tested; likewise, the corrosiveness of the water. He indicated that there was some iron in the water, and he realized this was a problem to the citizens. He stated that this problem had been in existence for along period of time. The distribution system had been changed in an effort to try and solve the problem. He felt that had much to do with the rusty water problem. He- stated that the $7,500 would provide for someone fro the outside to come to South Bend and give`an appraisal of what could be done. Councilman Parent indicated that a study had been accomplished in the early 1960's regarding the problem. He wondered about the'recommendations of the study. Mr. Krueper indicated that Clyde E. Williams had prepared the report and that all the recommendations in the report were tried; however, the Water Works had had a problem with the flushing recommendation contained in the report because th manpower was not available. Councilman Parent hoped a report could be compiled on the history of the problem and how the city should try to take care of the problem. He suggested that a special committee be established to work with the Water Works regarding the problem. Councilman Kopczyns talked about the purchase of materials and labor by the Water Works in installing watermains. He wondered about the anticipated income to be received. Mr. Krueper stated that that could not be included in the 1975 budget because there was no way of knowing the amount. He hoped that it could be shown every month in a report. Councilman Kopczynski stated that the money would have to be used in some funds within the budget. He stated that it was an anticipated income and should be included as such in the budget. Mr. Krueper stated that, in the depreciation- :fund, there were items that would be accomplished by the Water Works, but he did not know how many developers would come to the Water Works for watermain installation. He stated that whatever he received in income was spent in expenditures. Councilman Kopczynski stated that, last year,