10-22-73 Council Meeting Minutes

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REGULAR MEETING OCTOBER 22 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mayor. He indicated that there was a penalty clause for persons violating the proposed ordinance of a prison term of not more than six months or a fine not more than $500, with said person being subject to removal from office. Council President Nemeth then stated the reasons for the proposed ordinance. He felt the opportunity for corruption would be diminished, the departments would be put on a business -like basis and be made to conform to other city departments, and the confidence of the people of South Bend would be maintained as far as the Council's ability to govern effec- tively. Mr. Maurice Cohen, 725 Eckman Street, wondered why the taxpayers had not been furnished a copy of the budget for the Waterworks Department. He stated that the utility belonged to the citizens of South Bend, not the Mayor and Manager of the utility, and he felt the citizens should be furnished a copy of the budget. Council President Nemeth stated that the ordinance at hand was not the actuz budget ordinance for the Waterworks. He indicated that the proposed ordinance merely required that a budget be submitted. He explained that the budget for the Waterworks Department had been filed with the City Clerk and was available for public inspection in that office. Council President Nemeth stated that he hoped the Council would make an amendment to the ordinance in Section 2 by the addition of the following phrase: "and a statement of the revenues received in the last complete calendar year, if any." Councilman Parent so moved, seconded by Councilman Taylor. The motion carried. Councilman Parent indicated that he felt the Council was acting wisely regarding the ordinance and he expressed his support of the ordinance. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971, BY THE ADDITION OF ARTICLE 6 TO PROHIBIT THE BURNING OF LEAVES WITHIN THE CITY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Chairman Newburn reminded the citizens that this portion was the public hearing and those persons who wished to speak would be heard. He requested that those persons speaking refrain from using personalities in their presentations. Mayor Jerry J. Miller made the presentation for the ordinance. He indicated that he has stated that the Street Department would pick up every leaf that was bagged and set out for collection. He also stated that a letter had been sent to all private trash haulers regarding the proposed ordinance. He explained that there were certain problems regarding the leaf pickup. He mentioned that bagginc would be very difficult for persons living in the heavily wooded areas. He stated that the city would work with those areas as far as handling the problem other than bagging. He stated that the main problem was the amount of time from the beginning of the leaf program and the first snowfall. Last year, there had been a problem with the wet leaves, and he was hopeful that that problem woul� not take place again. He stated that the city would use the two leaf pickers this year; however, I indicated that the trucks were used almost 10 hours a day by the Sanitation Department. He expressed hope that the citizens would cooperate with the Street Department on the pickup of the leaves. He indicated that the Street Commissioner had made an announcement concerning the areas tc be worked on for the week. He indicated that this would be done in advance so the citizens would be aware of the areas each week where the leaf pickup would take place. He was hopeful that some of the areas could be gone over two or three times because of the problem the city was faced with now of not yet having a killing frost in order to make the leaves fall. Mrs. Judy Hover, 223 Wildemere Drive, indicated that she was representing the residents of Berclifj Estates. She stated that the residents in that area did not necessarily want to burn the leaves; however, because of the numerous oak trees in the area, there was quite a problem with the vast amount of leaves every fall and spring. She indicated that an ecologically sound alternative solu- tion would be supported by the residents; however, such a solution had not yet been found. She briefly talked about the size of the lots and the number of trees. She talked about the oak leave: and related problems, concentrating on the problem of mulching the oak leaves which could not be done because of the chemical content. She also stated that any attempts to compost the leaves from any number of trees on a city lot would turn the lot into a breeding area for bugs and mosquitos. She also stated that leaves in bags do not rot; likewise, plastic in the ground does not rot. She talked about the cost of bagging all the leaves and the problem the older citizens would have concerning the leaves. She expressed hope that, in the future, South Bend would be able to institute such a leaf program as Mishawaka had done with the purchase of adequate equipment. She brought up the problem of the gasoline shortage and wondered if a study had been made of the city's gasoline supply of the Fire, Police and Street Departments in an effort to determine if the supply could meet the demands of the leaf pick -up program and still provide for emergency needs. She asked three questions of the Mayor: What agency would enforce the ordinance? How? Under what budget? Mayor Miller attempted to answer Mrs. Hover's questions and comment upon the statements made. He indicated that the Environmental Protection Officer would investigate the violation and the name of the violator would then be turned over to the Department of Law for proper action. He felt that it was time that the city investigate the possibility of having one environmental protec- tion agency relating to air and noise pollution as there was too much of a duplication of services, He stated that matters of this kind were very hard to prosecute. He indicated that, if the city was provided with the facilities to handle the problem, it would be taken care of. He explained that the money would come from already existing departments; namely, the Street Department. He indicated that some of the equipment and manpower could possibly be utilized from the Park Department and Sanitation Department. He assured the citizens that the city would not raise its trash rates in order to handle the problem. Mr. Ed Slake, 1216 North Huey Street, indicated that all he knew was what he had read in the paper. He quoted from an article which appeared in the October 21st edition of the South Bend Tribune. He also mentioned the article which appeared in the "Voice of the People ". He referred to the article wherein Councilman Parent had indicated that it was possible that the Mayor could be authorized to allow a period of time for leaf burning if hE felt it was necessary. Mr. Slake brought up the matter of cigarette smoking and asked which was more dangerous. He referred to the abolishment of the county ordinance on leaf burning and talked briefly on the cost of bagging the leaves. He stated that he had appeared before the Council when the proposed ordinance had been given first reading and, since that time, he had received many letters and telephone calls in favor of leaf burning. He wondered about the cost of the leaf