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REGULAR MEETING JUNE 14, 1971
<br />REGULAR MEETING
<br />Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council
<br />Chambers in the County -City Building on Monday, June 14, 1971, at 8 :08 P. M. The meeting was
<br />called to order by Council President Robert 0. Laven. The invocation was given by Reverend
<br />Kenneth Foulke, All Saints Evangelical United Methodist Church, 2308 South High Street,
<br />South Bend, Indiana.
<br />ROLL CALL
<br />PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak.,
<br />Wise and Palmer
<br />ABSENT: Councilman Zielinski
<br />RESOLVE INTO THE COMMITTEE OF THE WHOLE
<br />Council President Laven entertained a motion to resolve the Council into the Committee of the
<br />Whole on the state of the City to consider the items listed on the agenda for the consideration
<br />of the Committee of the Whole. Councilman Reinke so moved, seconded by Councilman Craven.
<br />Motion carried. Time: 8:10 P. M.
<br />COMMITTEE OF THE WHOLE MEETING
<br />Be it remembered that the Common Council of the City of South Bend, Indiana, met
<br />in the Committe
<br />of'the Whole in the Council Chambers of the County -City Building on Monday, June
<br />14, 1971 at
<br />8:11 P.M.- The meeting was called to order by Chairman William W. Grounds, who
<br />presided.
<br />ORDINANCE NO.5299 -71 AN ORDINANCE AMENDING ORDINANCE. NO. 3964 ENTITLED "AN
<br />ORDINANCE FIXING THE SCHEDULE OF RATES AND CHARGES TO
<br />BE COLLECTED BY THE CITY OF SOUTH BEND, INDIANA, FROM
<br />THE OWNERS OF PROPERTY SERVED BY THE SEWAGE DISPOSAL
<br />WORKS OF SAID CITY, AND OTHER MATTERS CONNECTED THERE-
<br />WITH", PASSED BY THE COMMON COUNCIL OF THE CITY OF
<br />SOUTH BEND, INDIANA ON FEBRUARY 24, 1954, AS AMENDED
<br />BY AN ORDINANCE NO. 4844 PASSED BY THE COMMON COUNCIL
<br />OF SOUTH BEND, INDIANA, ON APRIL 25, 1966.
<br />Councilman Craven moved to amend ordinance by substitution and amendment was read
<br />by Councilman
<br />Craven. The motion was seconded by Councilman Laven and carried unanimously.
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard thereon. David Wells, Sanitation Engineer,
<br />spoke on the ordinance revising rates for sewage treatment for the construction of additional
<br />equipment and operating costs of the Wastewater plant of South Bend. Following hearings with
<br />the Indiana Stream Pollution Control Board, the City was mandated to chlorinate the final ef-
<br />fluent of the sewage plant by May, 1969, and subsequently the City was directed to remove 80%
<br />of the phosphates. Having applied for assistance,State and Federal funds in the amount of
<br />$4,451,275 are now available. If the facilities are not built, the administration and City
<br />would be in contempt of the Stream Pollution Control Board and eventually, the courts. Re-
<br />payment of the bond and the operation of the new facilities are to be provided for with the
<br />proposed rate. Passage of this ordinance should not be delayed since our time table is quite
<br />short and the loss of these grants would result in approximately 24% increase to the taxpayer.
<br />Eighty per cent of the increased cost is due to the need for five chemicals and additional
<br />power; increased labor and overhead account for the balance. The final minimum monthly
<br />charge will be $3.40. Forty per cent of the rate increase would go into effect on July, 1971,
<br />forty per cent in July, 1972 and twenty per cent in January, 1973. Mr. Wells urged passage
<br />of this legislation in order to keep our river as a recreational area rather than an open sewer.
<br />Mr. William Ogden who resides in Mishawaka and is a representative of the United Auto Workers
<br />retirees in the county, objected to the increased rates and said that provisions should be
<br />made for exemption for people on Social Security and fixed incomes; that old people are never
<br />going to see the river clean. Mrs. Robert Rice of the Rice Enterprises, 1420 So. Michigan St.,
<br />South Bend, referred to an article written by the Industrial Pollution Control Council in the
<br />Department of Commerce regarding several methods of low cost removal of phosphates. She asked
<br />if the new equipment was necessary. Miss Virginia Guthrie, executive secretary of the Civic
<br />Planning Association, asked if limitations placed on phosphate contents in detergents by the
<br />Indiana General Assembly would not affect the requirements for phosphate removal from the
<br />sewage. Mr. Wells referred to a letter from Mr. Perry Miller, Technical Secretary of the
<br />Stream Pollution Control Board, dated May 28, 1971, addressed to Mr. Lloyd S. Taylor, City
<br />Engineer, which contains the following paragraph: "As you know, all phosphorus does not
<br />come from detergents. Human wastes contain considerable amounts and in addition, even with
<br />the reductions required by the Detergent Act, there would still be a significant amount of
<br />phosphorus in compounds used in cleaning, industrial and commercial operations. Therefore,
<br />phosphorus removal facilities will still be required at the wastewater treatment plant." Mr.
<br />Robert Rice of the Rice Enterprises, 1420 So. Michigan Street, South Bend, stated that while
<br />he did not oppose the ordinance, he felt that it was somewhat inequitable in that as compar-
<br />ed to any other public utility, industry pays the same rate as the householder. He wished
<br />to clarify that the launderers and cleaners were not as much to blame for the pollution as
<br />was attributed to them; that since their water goes through steam operations, it is purified.
<br />They now have the added problem of having to pay the higher rate but are not able to increase
<br />their prices because the coin operated machines cannot be changed to 56, increase or 10� in-
<br />crease. The next step is a 501� coin machine which would decrease the use of the laundromats
<br />and increase the sales of the automatic home washers. Mr. Laven thought it was a point well
<br />taken and asked Mr. McCullough to comment on the rate. Mr. Taylor said that the contracts
<br />with the gas and electric companies are risky for the consumer; that since we have a certain bas
<br />fixed cost, we try to make everybody pay for that fixed cost. Mr. Michael McIntire, Notre
<br />Dame Law Professor, opposed the ordinance stating he strongly disagreed with the philosophy be-
<br />hind it, in that it was unfair; that it subsidizes the large users. He suggested the Council
<br />reconsider and referred them to a book entitled "Composition of Industrial Waste ". He stated
<br />that oil and gasoline are a terrific problem that could very well be taken care of in a sur-
<br />charge. Those who create the problem should be made to pay for them. Graduated rates are
<br />highly discriminatory against the property owner, retirees and those on fixed incomes. Heavy
<br />metals and concentrates create problems also. City Attorney S. J. Crumpacker replied to Mr.
<br />McIntire by stating that to say that the step rate schedule system is insane would mean that
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