10-22-73 Council Meeting Minutes

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551 COMMITTEE OF THE WHOLE MEETING (CONTINUED) asked that Mr. Decker inform the Council and citizens as to what had happened to the leaves that had been picked up in the spring of the year. She indicated that, night after night, the city trucks had been driving down Riverside Drive transporting leaves. She explained that, at the maintenance area, the leaves were being picked up because they had been dumped there and then transported to the landfill. Mr. Decker stated that, last year, the leaves had been stored in that area and then moved to the Cleveland Road dump. Mr. Roman Kowalski, 802 Birchwood, talked about incinerators in the homes where garbage and trash was being burned. He indicated that he was against leaf burning only when there was a problem of disposing of them in other ways. He felt the people who had the problem should be given some kind of permit to allow them to take care of the problem. Mr. Robert Rayl, 4707 Fellows Road, indicated that he had recently been annexed to the city against his will and, since that time, the tax rate had increased and the services hav not been sufficient. He felt an interim period of at least two weeks a year should be given for the leaf burning. Mr. Charles Carlley, 228 Wildemere Drive, felt something should be done -about the problem. He stated that people die every year from shoveling snow and that could not be pro- hibited. He felt a compromise was needed. He indicated that the citizens wanted a better solutio than the leaf pick -up program. He stated that a certain period of time to burn seemed to be the only solution at the present time. He stated that the citizens did not necessarily want to burn the leaves, but it was the only solution at present. Mr. Kenneth Krueger, Wooded Estates Sub- division, stated that, at one time or another, leaves have always been burned in South Bend. He wondered how many other cities in Indiana have such an ordinance prohibiting burning. He stated that he had attended nearly all the meetings held on leaf burning, and in 1971, the problem of lea burning was very bad. He wondered how bad the problem had been in 1972. He did not feel that the would be much pollution if citizens were allowed to burn. He wondered how many landfills would be filled with all the bagged leaves. He talked about the poor job done by the Street Department las year in the pickup of leaves. He stated that the leaves were put out dry for pickup, but by the time the Street Department picked up the leaves, the rain and snow had come. He indicated that the number of trees in Wooded Estates was enormous. Mr. Stanley Kaminski, 2450 Prast Boulevard, wondered how the people could be penalized when the city could not come up with the necessary equipment to pick up the leaves. Mr. Kenneth Holderman, 3610 Oakcrest Drive, stated that it was impossible to determine when the leaves would come down and for how long. He did not think a specific date could be given for the burning at this time. Mr. Daniel Lawson, Professional Engineer, Chairman of the St. Joseph County Air Pollution Advisory Committee, named the members of the committee which consisted of doctors, attorneys and engineers. He indicated that the committee wanted to go on record as being opposed to open burning in St. Joseph County and particularly in those areas that were heavily populated. He stated that there was very little pollution caused by the burning of very dry leaves; however, there was a problem of control. The appropriateness of burning the leaves could not be gauged. He felt that about 1% maximum was air pollution caused by burning leaves; however, it was a major problem. Also, there was a problem of the factories polluting and he indicated that control for the factories was being researched. The emission levels would be brought down to standards in time. A two -week burning is not a good idea as far as concentrated burning, according to Mr. Lawson. He stated that it wou: be better to burn all year and spread it out. He urged that the Council act favorably on the no- burning ordinance. Mr. James Beck, 1630 East Randolph, indicated that every year he was faced wit] the problem of many leaves and their disposal. He felt the people needed leaf burning especially when the leaf pick -up machines appeared not to be adequate. He talked briefly on the pollution caused by the factories and was of the opinion that some of the pollution should be cleaned up but he did not think the working man should be picked on. Mr. Holderman stated that the tests con- ducted on the effect of leaf burning were completed in 1971 when the leaves were very wet and the air very still. He stated that this was the worse possible time to burn; however, there have been times since then that have not been as bad. Mr. Carlley thanked the Council for its patience in listening to the comments of the citizens. Councilman Szymkowiak made a motion that the Council take a recess, seconded by Councilman Taylor. The motion lost. Councilman Serge indicated that he felt trees and leaves were quite a problem. He stated that his constituents were in favor of burning leaves. He indicated that he had always had a problem with leaves in his district, especially on Portage Avenue. He felt more equipment was necessary and stated that Mishawaka had three leaf - picking machines. He suggested that the burning be allowed until the necessary equipment could be purchased to handle the problem effec- tively. Councilman Szymkowiak indicated that he was opposed to burning anything. He was in favor of storing the leaves in an open container until the city could pick them up. He stated that.the city was willing to pick up the leaves but did not want the leaves pushed out into the streets. He indicated that he would support the burning of leaves only when necessary for a specific period of time if there could be a guarantee that no garbage or trash would be burned. He felt that that guarantee could not be made. He did agree that bagging was expensive. Councilman Miller felt the politicians have failed in trying to take care of the leaf problem. He indicated that there were two factors to consider. He stated that picking up the leaves is expensive and requires adequate equipment and much manpower. He felt that a leaf pick -up program was necessary if burning was to be prohibited. He felt a compromise should be reached or the matter delayed. Councilman Parent indicated that he was opposed to leaf burning. He expressed the hope that existing trees would be taken care of and additional trees planted. He indicated that some people have a great many trees and the trees provide beauty to the city; however, those people were being penalized. He felt tha the people with lung and heart problems should also be considered in the decision. He suggested a amendment to the ordinance which would pass the ordinance but leave the option to the Mayor to all burning on certain days. He made a motion to amend the ordinance in Section 13 -76 (a) by adding the following: "except that the Mayor of South Bend may authorize leaf burning up to a maximum of 30 days per year. Burning of leaves may be allowed by the Mayor of South Bend in increments of on two, three and four days during those times when the resulting smoke will be dissipated most expediously." Councilman Miller seconded the motion. Councilman Taylor stated that the people di not claim to like burning but they felt it was the only solution at this time. He felt the burnin of leaves would be a mistake for the community. He felt there was a need for a real commitment fo clean air especially when the Mayor had stated that he was willing to handle the problem with methods other than bagging. He also felt that, when a law was passed, every citizens should be considered. He thought that burning would be seen throughout the community because the Council would allow it; however, he would have to vote against the issue. He felt that there would be a greater problem after the burning than the problem the people were faced with at the present time. He referred to the statement made by one of the speakers regarding freedom of choice being taken away from the people. He felt that freedom of choice was taken away from the people for the commo good. He stated that a few people that had spoken mentioned the taxpayers. He referred to a budg