12-03-79 Council Meeting Minutes

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51- REGULAR MEETING DECEMBER 3 1979 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, December 3, 1979, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Horvath and Parent. ABSENT: Council Member Dombrowski REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub- committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the December 3, 1979 meeting of the Council and found them correct. The sub- committee, therefore, recommends that the same be approved. /s/ Roger 0. Parent Council Member Taylor made a motion that the minutes of the November 15, 1979 meeting of the Council be accepted and placed on file, seconded by Council Member Horvath. The motion carried. SPECIAL BUSINESS- Council Member Taylor made a motion to allow the neighborhood group that is opposed to the Prenc operation to present their opposition, seconded by Council Member Kopczynski. Council President Parent indicated that the group would be allowed thirty minutes. Mr. Dennis Jennings, 2326 Hollywood, presented a petition to the City Clerk with 1,950 signatureE against the Prenco lease. He indicated they do not feel this facility should be located within the City of South Bend. Mr. Joseph Peyser, 1820 Ribourde Dr., read excerpts of a letter from an ecologist at I.U.S.B., which indicated he had studied this facility and the soil around this plant was such that if there were a major spill there is a chance it would seep into the river and lagoon. Mr. Sidney Wolf, a professor at I.U. S. B., who teaches courses on environmental policy, indicated he was concerned about the wisdom of allowing this extremely dangerous facility to continue operating in a populated residential area. He indicated that the substanceE and chemicals handled at the Prenco facility fit the definition of hazardous wastes adopted for the EPA. He indicated that even utilizing the most modern and costly technology no hazardous waste facility is completely safe. He indicated that EPA does not have the capability to regulat these facilities as they should be regulated. He said fortunately the City can easily terminate the Prenco lease. He.said the lease has a back -out provision, which p3rovides that it can be terminated without liability any time after the first year of the lease. Mr. Tom Doherty, 1810 Ribourde, indicated that this unit has been run without any anti - pollution devices. He showed a photograph taken November 11, showing the high flame coming from the chimney. He said this facility is in the process of being expanded. He said they do not know exactly what is being burned, and the quality of air is being aversely effected in the City of South Bend. He said this plant frequently stinks for days on end. Mr. Phil Harris, 2332 Hollywood Pl., in- dicated that allowing a unit to operate without proper supervision was ridiculous. He said a facility like this should be more closely supervised. Mrs. Jane Swan, 2002 Swygart, indicated that this is a citywide problem, and everyone in the City could be effected. Mr. Patrick McMahor. Director of Public Works, indicated that this problem had come before the Board of Works, and they have reviewed the operation and made a report. He indicated that this facility had been inspected by Federal, State and local inspectors and found safe. He indicated that they had recently installed anti - pollution devices. Council Member Taylor indicated that the Council was a recommending body. He indicated that there should be a more suitable location. He said he would recommend that as soon as possible Prenco be moved to a more suitable location. Council Member Adams indicated that the lease be terminated in accordance with the agreement. Council Member Taylor indicated that -he felt that was a legal decision. Council Member Adams asked for a legal opinion as to the termination of this agreement. Mr. Charles Leone, from the City Legal Department, indicated that it .appeared that the City could do this unless there were follow -up documents that would affect this agreement. Council Member Adams made a motion that the Council send a letter to theMayor and Board of Works that they would like them to terminate the lease with Prenco, there was no second to the motion. Council President Parent indicated he was not in favor of the termination of the lease unless they were sure that the City would not have liability. Council Member Miller indicated there should be a second hearing on this matter in order to have the time to make the proper decision. He recommended that the Council not take action of this matter tonight. Council President Parent indicated that the Chair refer this matter to the Public Works Committee, in order that a meeting could be held this week, so the Board of Public Works could possibly take action Monday. He indicated that this will be scheduled for the next Council Meeting. Council Member Taylor made a motion to recess, seconded by Council Member Horvath. The motion carried and the meeting was recessed at 8:15 p.m. and reconvened at 8:30 p.m.. Council Member Kopczynski made a motion to resolve into the Committee of the Whole, seconded by Council Member Adams. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, December 3, 1979, at 8:30 p.m., with eight members present. Chairman Horvath presiding. 0 E