08-14-72 Council Special Meeting Minutes

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REGULAR MEETING AUGUST 14, 1972 PUBLIC HEARING (CONTINUED) He said it is to represent the wishes of the people. If one ordinance must be chosen, Council- man Kopczynski's competition ordinance would allow the people to decide whether they want city pickup or a private hauler. If the all -city pickup is doing the job, who do you call when your trash is not being picked up? He said that the problem is different in different districts of the city and that the recommended remedy for one district does not apply to all districts. He said we should not penalize the majority for the minority nor the minority for the majority. He said that if he were voting, he would case his vote for the competition ordinance. Councilman Newburn said that he is opposed to government competition with private enterprise. He said if present laws are carried out we will have a clean city. He called for strict enforce- ment of existing ordinances. Councilman Parent made a motion that the Committee of the Whole recommend that the Council: 1. Amend the refuse ordinance of the City of South Bend by substituting Article 7 of the proposed ordinance signed by Walter Kopczynski for the present Article 7. 2. All three refuse ordinances be referred to a Committee of the Common Council with instructions that a committee report to the Council no later than the last Council meeting in April, 1973. 3. Assign the committee to prepare a refuse pickup plan in cooperation with the Independend Trash Haulers, the City's Bureau of Sanitation, the concerned unions and other interested and affected parties. 4. Instruct the committee to recommend to the Council a refuse pickup plan which is consistent with the following objectives: a) Confirms the City's responsibility in maintaining adequate aesthetic and health standards of all properties in the City regardless of their location. b) Ensures that all persons will use the service of a refuse collector to dispose of their garbage and trash. c) Provides all dwelling units in the City with refuse pickup at reasonable cost. d) Protects and fosters the development of private enterprise in refuse hauling and also allows the City to maintain a capacity in refuse hauling. e) Prevents a monopoly from developing, whether it be a private hauler or city hauler dominated monopoly. f) Eliminates costly duplication of city haulers' and private haulers' routes and prevents the expensive practice of having more than one private hauler doing the same route or area. g) Promotes competition among refuse haulers while eliminating the excessive cost of the uncontrolled search for clients in all areas of the City by all refuse haulers. h) Assures a fair low cost for refuse pickup for persons 65 years old and over. i) Provides for a refuse pickup system with the flexibility to allow for many different types of services requested by City residents, such as back -of- the -house pickup. j) Assures that adequate records will be kept and reports filed by both the private and City refuse haulers. k) Provides for periodic leaf pickup throughout the city. 1) Eliminates the eyesore caused by having refuse on the curb three or four days per week. m) Provides for more adequate licensing procedures for refuse hauling equipment. n) Provides for an effective system for the enforcement of any proposed Refuse Ordinance. There was no second to the motion. Councilman Taylor moved for a five minute recess, seconded by Councilman Szymkowiak. Motion carried. Time: 10:30 p.m. The Committee of the Whole meeting reconvened at 10:40 p.m. Councilman Parent made a motion that the Committee of the Whole recommend to the Council that Article 7, Penalty, from the pro- posed ordinance signed by Councilman Kopczynski, be substituted for the existing Article 7 in the Municipal Code, and that all three refuse ordinances be referred to a Committee of the Common Council with instructions that a committee report to the Council no later than the last Council meeting in April, 1973. The motion was seconded by Councilman Szymkowiak. The motion failed by a roll call vote of two ayes (Councilmen Szymkowiak and Parent) and six nays (Councilmen Serge, Miller, Taylor, Kopczynski, Horvath and Newburn) one abstention (Councilman Nemeth). Councilman Miller asked that an amendment, proposed by him at the June 26, 1972 public hearing on the proposed ordinance signed by him and on which no action was taken, be read at this time The amendment was read as follows: "Strike Section 16 -8 D. Strike Section 16 -30. Amend Section 16 -10B to read "The charge for city collection of garbage and trash and disposal shall be $1.50 for all households which can present to the Bureau of Refuse Removal a receipt for an exemption over 65 statement and $2.00 per month for all other households ". Add Section 16 -56, "Severability. If any portion of this ordinance be declared or adjudged invalid, the remaining sections shall remain in full force and effect so long as they do not conflict with existing law ". Councilman Taylor seconded the amendment. The motion to amend failed by a roll call vote of three ayes (Councilmen Miller, Taylor, and Horvath) five nays (Councilmen Serge, Szymkowiak, Parent, Kopczynski and Newburn) one abstention (Councilman Nemeth). Councilman Taylor moved that the ordinance signed by Councilman Parent be amended as follows: That it have an effective date of October 1, 1973. Section 16 -6 (d) should read "The Board of Public Works and Safety will advertise for refuse pickup bids no later than July 5th of each third calendar year. Bids will be subject to review annually by the Board of Public Works and any rate increases must be approved by the Common Council ". Section 16 -6 (g) (3) the amount should be changed to one -third of the refuse pickup fee set by the Council. Delete Section 16 -11, Paragraph "(e). The motion to amend was seconded by Councilman Horvath. The motion failed by a vote of three ayes (Councilmen Miller, Taylor, Horvath) five nays (Councilmen Serge: Szymkowiak, Parent, Kopczynski and Newburn) one abstention (Councilman Nemeth). Councilman Kopczynski made a motion to amend the refuse ordinance he signed as follows: Section 16 -11, delete paragraph (b); Section 16 -11, delete paragraph (c). Section 2 change the effective date to April 1, 1973. Councilman Miller seconded the motion to amend. The motion carried by a vote of five ayes (Councilmen Serge, Miller, Taylor, Kopczynski and Horvath) three nays (Councilmen Szymkowiak, Parent, and Newburn) one abstention (Councilman Nemeth) .