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HomeMy WebLinkAbout03-25-02 Utilities Committee and Health & Public Safety Qommittee mrt: pint Minting of tie tttizities Qommittee anb bald) arid. teublit itabay committee The March 25, 2002 joint meeting of the Utilities Committee and the Health and Public Safety Committee was called to order by Health and Public Safety Committee Chairperson Council Member Andy Ujdak at 5:00 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Aranowski, Pfeifer, Varner, Coleman, King, Ujdak and Kelly; Mayor Stephen Luecke, Dr. Janice Carson, St. Joseph County Health Officer; Gary Gilot, Carl Littrell, Jon Hunt, Citizen Member Isabele Gonzalez, Beth Leonard, Tony Vacuso, Dave Turngate, John Stancati, Mark Nelson, Terry Bland of the *out") Vettd `l;+rriunt and Kathy Cekanski Farrand,Council Attorney. Council Member Ujdak noted that the first item on the agenda was to review Substitute Bill No. 14-02 which would adopt the St. Joseph County Health Department Wellhead Protection Ordinance,as amended. This Bill was initially heard in a joint committee meting on March 11th. Mr. Gary Gilot then introduced Dr. Janice Carson, St. Joseph County Health Officer, to make the presentation. Dr. Carson stated that additional information was sent to the Council in light of the questions raised at the last meeting. Dr. Varner noted that if a person is in noncompliance the proposed ordinance calls for a fine up to $ 1,500 per day which he believes may be too discretionary. He suggested that guidelines be discussed with regard to how the amount of fine would be established, when the circumstances would warrant the amount of the suggested fine and the circumstances that would warrant it. Dr. Carson stated that the fines are necessary in order to protect the residents. In response to a question from Citizen Member Gonzalez,it was noted that 54 companies had been contacted. The Council Attorney noted the amendments to the proposed substitute bill would be necessary in light of the fact that the resolution attached to the bill is incomplete on the first page; and that the non-reverting fund language has been subsequently amended by the County. Dr. Carson confirmed the amendments noted by the Council Attorney. Mr. Gilot stated that he would have amendatory language ready for this evening and would read it into the record during the presentation. Dr. Varner suggested that the Council be updated on a regular basis, especially since pesticides are being updated. Dr. Varner further noted that he has spoken with many individuals and that they are in favor of proactive legislation which protects the ground water. Council Member Pfeifer thanked Dr. Carson and her staff for providing additional information and for coming to the second meeting. Following discussion, Council Member Coleman made a motion, seconded by Council Member Aranowski that Substitute Bill No. 14-02 as to be amended be recommended favorably to Council. The motion passed. Joint Meeting of the Health and Public Safety Committee &the Utilities Committee March 25, 2002 Page 2 The joint Committees then reviewed Bill No. 17-02 which addresses Public Fire Protection Service Costs. Mayor Luecke made the presentation. The Mayor stated that state law allows the rate payers to pay for a public fire protection service cost rather than the taxpayers. The Bill therefore changes who pays for such services. Mayor Luecke stated that the monies generated would be used for two (2) years for road and street projects, and thereafter would be utilized by the police and fire departments. Mr. Gary Gilot, Director of Public Works, noted that the cost would be $ 1.85 per user. He noted that the IURC would review the matter and would take approximately five (5) weeks. There would be an opportunity for public comment, but there would not be a formal remonstrance process. He noted that a "cook book formula" was utilized consistent with the Indiana Utility regulations. Council Member Aranowski inquired whether there were any other cities which have passed similar legislation. Mr. Stancati noted that the City of Mishawaka passed similar legislation several years ago. Dr. Varner noted that the former City Engineer noted how expensive the IURC review process is, and that that was one of the reasons why the city attempted to remove itself from the jurisdiction of the IURC. In response to questions from Dr. Varner, Mr. Gilot noted that all further rate changes would be subject to the IURC review. He noted that the IURC review would be an abbreviated process. Dr. Varner stated that he sees this as a "double book accounting system" since it is not a revenue neutral proposal. He questioned by the option tax dollars were not being used for streets instead. Dr. Varner voiced concern that there would be no change in the hydrant rental fees already in existence. Mayor Luecke stated that if COIT dollars would be used that other projects could not be funded. The Council Attorney noted for the record that Council Member Kirsits, the Chairperson of the Utilities Committee, had asked her to do extensive research on this topic. She noted that the memorandums are still in his Council mailbox and that he has not had the opportunity to review them in light of last week's tragedy. His absence today also does not provide an opportunity for inquiry into the areas which were of concern to him. Council Member Ujdak noted that such funds would be used only on a short term bases for roads. He requested an accounting of the funds at the end of each year, which the Mayor agreed to provide. Council Member Ujdak noted that during fire negotiations both he and Council Member Aranowski suggested the creation of hydrant rental fees to assist in funding salaries and pension costs. Following discussion, Citizen Member Gonzalez made a motion, seconded by Council Member Coleman that Bill No.17-02 be recommended favorably to Council. The motion passed. Joint Meeting of the Health and Public Safety Committee &the UriIities Committee March 25, 2002 Page 3 There being no further business to come before the joint Committee meeting, Council Member Ujdak adjourned the meeting at 5:35 p.m. Respectfully submitted, Council Member Andrew Ujdak, Chairperson Health and Public Safety Committee KCF:kmf Attachments