10-10-72 Council Meeting Minutes

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REGULAR MEETING OCTOBER 10, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) The attached ordinance on trash and garbage removal was drafted by the Independent Haulers, the Fair Tax Association and other interested parties. The ordinance is a result of my telling the above groups that we welcome construc- tive criticism, but such criticism should be in writing and corrective steps set down to help the city officials administer the cities' needs to the wishes of the people, provided that their ideas can work out satisfactorily for the entire city. It is interesting to note that much of the proposed ordinance is similar to the one already on the agenda. There are some interesting features that should be strongly considered in implementing trash and garbage removal in the city. In closing, I urge the administration and the Council to give this ordinance your consideration, thus giving the trash haulers and other parties their opportunity to contribute to this program. Sincerely, Walter T. Kopczynski Councilman, Sixth District Councilman Kopczynski then offered two amendments to the ordinance. In Section 16 -6, Add Paragraph (f) as follows: "It shall be a misdemeanor for any owner, occupant, lessee, tenant or agent of same, to refuse to pay any independent trash hauler for services that said owner, occupant, tenant, lessee or their agent has hired or contracted to collect and dispose of garbage, trash, or any type of refuse, after having been presented with a bill for said services. Such misdemeanor costs would result in a fine not less than five (5/) per cent of the bill in question and not more than ten (10) per cent of the bill in question in addition to the original amount of theclaim along with court costs and attorney fees." Section 16 -8 (c), add a sentence: "All containers must be elevated to a minimum of six inches off the ground to allow for air circulation and to prevent freezing of containers to the ground ". Councilman Serge seconded the amendments. It was the decision of the Council to divide the question and vote on each amendment separately. Councilman Miller said that it was regressive to require legal fees and attorney's fees to fight for payment and that this was not worth classifying as a misdemeanor. Councilman Horvath asked how you would enforce such a provision. City Attorney Charles Sweeney, Jr. said that, through Councilman Kopczynski's proposed amendment, the Council would be taking steps to, in effect, enforce a private contract between a hauler and a user. He said that he would have to research the matter but it appears to be illegal. He said he did not think the Council has the right to put itself into a private dispute over a breach of contract and any such action would be subject to litigation. Mr. Sweeney said he thought it was highly improper for the Council to get itself into this kind of a bind. He said the Council could direct him to research this matter and if the opinion was favorable, the Council could amend the ordinance at that time. Councilman Kopczynski said that, in view of what had been brought out here, he would withdraw the amendment to Section 16 -6 (f) and ask the Attorney to research this matter and bring it up at some future time. Councilman Parent said that he was opposed to the amendment to Section 16 -8. He said it was not necessary and would just be an additional cost to elevate trash cans. Councilman Horvath said that he thought this could be dangerous, because people might not provide a proper platform and a trash can could fall causing injury. Councilman Parent said that those citizens who do not have alleys and who must bring their trash to the curb could not provide any kind of an elevated platform. Councilman Parent then moved to close debate on the amendment, seconded by Councilman Horvath. Motion carried. The chair called for a vote on the amendment and the motion failed by a voice vote, Councilman Nemeth abstaining. Councilman Taylor said that the Council is acting in good faith in trying to get a good garbage and trash pick -up service for the City of South Bend. Not everyone will want to use the city pick -up. We-are talking about 40,000 homes and each service, the city and the private haulers, will have their share of the customers. Council- man Taylor then said he would move to amend the ordinance in Section 16 -6, Section (c) (1) by changing the fee to $2.50 a month. He said the primary objection to the amendment would be that it is an underhanded way of attempting to put the private trash haulers out of business. He said he rejected that argument on the basis of talks with the people in his district, many of whom want to continue with their private haulers. He said it is a fallacy to say that the city service, which is not primarily interested in profit but in providing a service to people at a low cost, has to charge the same amount of money as people who are primarily interested in the profit motive. Councilman Miller seconded the motion to amend. Councilman Nemeth said that Mayor Miller was present and would like to speak to the Council. Councilman Serge made a motion that the Council allow the Mayor to speak during their portion of the public hearing, seconded by Councilman Szymkowiak. The motion carried. Mayor Miller said that the betterment of the com- munity and the cleaning up of the community were the primary objectives of the ordinance. He said that it is true they have no idea how many customers the city will have but the fees can be amended when they know. He said the city is aware that a lot of people have not had proper trash service and that there will be a heavy burden in the next six or seven months until the program is under control. He said the questions raised tonight have been very valid questions but the city is going to attach the serious problem of debris, rats, litter, etc. in our community. Councilman Kopczynski called the question on the motion to amend. The motion failed by a voice vote, Councilman Nemeth abstaining. Councilman Parent moved to amend Section 16 -6 (c) (2) as follows: "whose occupants have provided proof of age 65 or over will be charged $1.50 ". Council- man Kopczynski seconded the amendment. Councilman Nemeth moved to amend the amendment to read "where the head of the household has submitted to the Board of Public Works proof of age 65 or over, the fee shall be $1.50 a month. Councilman Szymkowiak seconded the motion to amend the proposed amendment. The motion carried by a voice vote, Councilman Nemeth abstaining. The question was called on the motion to amend and the motion carried, Councilman Nemeth abstaining. Councilman Miller moved that the ordinance go to the Council as favorable, as amended. Council- man Taylor seconded the motion. Councilman Parent said that the ordinance leaves a few things to be desired. It has some weaknesses since it does not eliminate duplication of routes or the eyesore of trash on the curbs, and if the city fee does go down, the private haulers may not be able to compete. However, the ordinance does combine garbage and trash pick up at a fairly low cost and it provides licensing procedures and enforcement. Councilman Parent said that he felt this explanation was necessary because he voted against a similar ordinance but he has now changed his mind. The question was called and the motion carried, Councilman Nemeth abstaining.