10-10-72 Council Meeting Minutes

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REGULAR MEETING OCTOBER 10, 1972 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Tuesday, October 10, 1972 at 7:00 p.m.- The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None Council President Nemeth entertained a motion to resolve into the Committee of the Whole, so moved by Councilman Taylor, seconded by Councilman Parent, and carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building on Tuesday, October 10, 1972 at 7:05 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn who presided. ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Richardson, Director of Public Works, said that this is basically the same ordinance that has had public hearing in the last several weeks with some minor changes. One is that a Sanitation Fund is set up whereby all receipts are deposited and all disbursements from this fund are made and that a budget for the Sanitation Bureau will be presented to the Common Council by November 30 of each year, showing the cost of operating the department and the fees collected. The other major change is that the ordinance would be in full force and effect from April 1, 1973. Basically the ordinance provides that all citizens of South Bend shall use a trash disposal service whether it be a private hauler or the city. The ordinance provides for restricted or non - restricted licensing of the vehicles used for hauling trash and garbage and establishes rates. They are suggesting that Section 16 -6 (c) (2) be changed so that anyone who provides proof of over 65 years of age to the Board of Public Works would pay $1.50 per month. Miss Virginia Guthrie, Executive Secretary of the Civic Plan- ning Association, asked Mr. Richardson what kind of study has been made since this plan was first proposed by the Mayor in March as to the number of people who might use the city service. Mr. Richardson said that there are no firm figures to go on but that a questionnaire will be included with the Water Works billings for November, December and January asking customers if they want the city pick -up and requesting that they return the questionnaire immediately. Miss Guthrie said that if not many people sign up for the city service, the costs would have to go up and those who take it will be paying a much larger cost. Mr. Richardson said that the first year of the operation is going to be the most critical. No one can say how many customers the city will have but the ordinance does provide that people who have been cited twice for not having their trash removed will be put on the city pick -up and will have to pay. Mr. Maurice Cohen, 725 E. Eckman, said that, as a property owner, he has been assessed for 1973 for garbage pickup and if the city stops picking up garbage, will he get a rebate on this. Mr. Richardson said that initial funding for the department will have to come from the General Fund and they will use the money budgeted for 1973 to start operation of the department. Each year they intend to repay the General Fund out of the funds collected by the department. Mrs. Janet Allen, 125 W. Marion St., also questioned the property owner having to pay for the service through the tax rate and by hiring a private hauler or the city to haul trash and garbage. She said that the people who are causing the problems will not contract for either service and said that enforcement of existing laws would be a better solution. She called attention to weeds that are not cut in the city, although there is a weed ordinance. Mr. Richardson said that the city is aware that they have a weed problem. These conditions must be brought before the Board of Works, referred to the City Attorney, sometimes brought back before the Board, in a lengthy process. This proposed ordinance allows the city to take action. Mr. Henry Stute, 1511 Cedar Street, also called the attention of the Council to the matter of weeds, especially on the bridges in the city. He said he feels that all citizens should involve themselves in the cleaning up of the city and suggested that a local Marine Corps Company would be willing to volunteer their services for week cutting and cleaning up of litter and debris if they were asked. The Clerk read a statement from Mr. Kenneth Buhle, representing the Teamsters Union. The statement said that the public had indicated, in the previous public hearings on this issue, that they were opposed to any change in the present method of trash pick -up and they hoped the Council would consider the expressions of the public. Mr. George Herendeen, Attorney for the Independent Trash Haulers, said that their position was the same as on the other occasions when public hearings were held on this issue. They would favor the Council passing the enforcement portion of the ordinance. This would provide the city with the remedy they need to solve the problems. Mr. Herendeen said that since the ordinance had been endorsed by at least five of the Councilmen, it is evidently the intention of the Council to pass the ordinance. He said the Independent Trash Haulers still have many reservations about the ordinance. They feel it will give the city control over the trash business. They want the Council to know that they welcome bona fide competition and they hope the city will use good faith. The Independent Trash Haulers are going to stay in business and render full service to their customers and this might give them incentive to give better service. They want to cooper- ate in any way they can so that we can have a clean city and have made a clean city and have made'' a diligent effort so far. Mr. Hollis Hughes, a Director of the Model Cities Program, told the Council that the Model Cities staff has been working for three years on a trash removal program because of the blighted conditions in the Model Cities area. They have had varying degrees of success. Mr. Hughes said he urged the Council to act favorably on this ordinance. He said they are concerned about the cost of having appliances picked up. The residents of the Model Cities and Southeast Neighborhoods are more apt to buy second -hand appliances and, therefore, more apt to have old ones to dispose of and this $7.50 fee might have an adverse effect on the people. Mr. Clyde Davis, representative of the Physical Committee of the Model Neighborhood Association, also urged the Council to pass the ordinance. He said he also worked closely with the Model Cities Trash program. They want to have a clean neighborhood and want to demonstrate to the rest of the city that they want to have their trash removed. Councilman Kopczynski said that he had sent the following letter to the Mayor, the Councilmen, William Richardson, the Independent Trash Haulers Association, the Fair Tax Association, Mrs. Conchita Washington, Mr. James Barcome, and Dr. John Kromkowski.