12-10-62 Council Committee of the Whole Meeting Minutes

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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 -on Monday, December10, 1962,.at 8 :07 P.M., with all members present. The meeting was called to order by Councilman T. W. Lehman, Chairman, who presided, AN ORDINANCE TO AMEND ORDINANCE NO. 3913 (AS AMENDED) (ELECTRICAL. INSPECTION) This being the time heretofore set for public hearing on tha above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Kroll made a motion that the Ordinance go to the Council as favorable. Councilman Muszynski seconded the motion. Motion carried. RESOLUTION A RESOLUTION CONCERNING PRESENTATION OF RESOLUTIONS TO THE COUNCIL Councilman Muszynski made a motion that the public hearing on the resolution be postponed. Councilman Tellson the motion. Motion carried. ORDINANCE AN ORDINANCE DEFINING RESTAURANT, FOOD, ITINERANT RESTAURANT, EMPLOYEE, UTENSIL, HEALTH OFFICER AND OTHER ITEMS; REQUIRING PERMITS, LICENSES, LICENSE FEES FOR THE OPERATION OF RESTAURANTS AND ITINERANT RESTAURANTS; PROHIBITING THE SALE OF ADULTERATED, UNWHOLESOME,-OR MISBRANDED FOOD; REGULATING THE INSPECTION OF RESTAURANTS AND ITINERANT RESTAURANTS; PROVIDING FOT THE ENFORCEMENT OF THIS ORDINANCE; AND FIXING PENALTIES. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Kroll made a motion to amend the Ordinances, as follows: Section II - B. by striking City of South Bend and inserting City Controller in paragraph 1. by striking City of South Bend and inserting City Controller in paragraph 2. C. by inserting in the -next to the last line after the words operated by - - -- fraternal organizations, service clubs - - - -- Section IX. To read as follows: Any person who violates the provisions of .Section 2A or 2B .of this Ordinance shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than Three Hundred ($300.00) Dollars, or by im- prisonment, not exceeding six (6) months, or both. Each day of operation of a restaurant in violation of Section 2A or 2B of this Ordinance shall constitute a distinct and separate offense. Councilman Tellson seconded the-motion. Motion carried. Councilman Tellson moved to amend Section I, D. Employee by adding to the paragraph the following: "Except that the term "employee" shall not include volunteer member personnel of charitable, religious, fraternal or educational organizations or service clubs." Councilman Kroll seconded the motion. Motion carried. Mr. Joseph Koutnik was heard as was Dr. Howe and Alex Niezgodski. Councilman Allen made a motion to amend Section 6 by the addition of anew paragraph, as follows: "H. Appeal. In the event a permittee feels aggrieved by the finding of the health officer, he shall immediately, upon said finding, be permitted to appeal said finding to the St. Joseph County Board of Health, said appeal shall be perfected within three (3) days from the date the health officer has made his finding. The St. Joseph County Board of- Health shall convene within five (5) days thereafter and said Board of Health shall make its finding within one (1) day -after the hearing of the.permittee`s appeal." Councilman Kroll seconded the motion. Motion carried. Councilman Allen made a motion that the Ordinance go to the Council as favorable as amended. Councilman Kroll s the motion. Motion carried. AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND STOCKBERGER MACHINERY, INC., FOR THE PURCHASE OF AN INGERSOLL RAND, MODEL 85, AIR COMPRESSOR, TOOLS AND ACCESSORIES, FOR THE SUM OF $4,485.00 This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. - Councilman Kroll made a motion that the Ordinance go to the Council as favorable. Councilman Ladewski seconded the motion. Motion carried. There being no further business to come before the Committee of the Whole, Councilman Muszynski made a motion to adjourn. Councilman Coleman seconded the motion. Motion carried and the Committee of the Whole Meeting adjourned at 8 :32 P.M. ATTEST: CLERK APPROVED: CHAIRMAN