HomeMy WebLinkAbout06-18-08 Health & Public Safety CommitteeHEALTH AND PUBLIC SAFETY
JUNE 18, 2008
Committee Members Present: Councilmember Karen White, Chairperson, Councilmember
Ann Puzzello, Vice-Chairperson, Donald Brubaker, Citizen Member,
Other Councilmember Present: Councilmember Tom LaFountain,
Others Present: Jamie Loo, Aaron Cassel, Ann-Carol Nash, Catherine Fanello, Mark Smith,
Martha Lewis, Chuck Bulot, Kathleen Cekanski-Farrand, John Voorde
DISCUSSION & REVIEW OF SCRAP YARD REGISTRATION FOCUSING ON
IMPLEMENTAION & ENFORCEMENT
Councilmember Karen White, Chairperson, Health & Public Safety Committee opened the
hearing at 3:30 p.m., with an overview of what the committee was hoping to accomplish. She
said today's review of the "Scrap Yard" ordinance was to evaluate the effectiveness of the
ordinance. Namely was it meeting its mission i.e.) regulating "scrapping", has it been
implemented, is the ordinance being enforced and are there measurable outcomes. This meeting
is the second in a series of Health and Public Safety (H&PS) meetings focusing on "quality of life"
issues in South Bend.
After providing the background, Councilmember White asked Council Attorney Kathleen
Cekanski-Farrand to give a national perspective to the problem of copper thefts. Kathleen
Cekanski-Farrand noted that South Bend was cited by the U.S. Department of Energy for its
scrap yard/metal ordinance which requires scrap yards to check and record identity of sellers of
copper and to make a copy of their thumbprints (See hand out attached) Ms. Cekanski-Farrand
also noted only 2 citations for scrap yards were issued in 2007 and none yet this year. Each
citation carried a $2,500 fine. Councilmember Karen White said there was a clear need for the
ordinance. Turning to Ann-Carol Nash from the City's Legal Department. Councilmember White
asked what could be done to better implement enforcement of the ordinance. Ann-Carol felt the
specific responsibilities of each department mentioned in the Ordinance could be better specified.
The Board of Public Works, the Fire Prevention Bureau, the South Bend, Police Department,
Code Enforcement, the Controller, the Department of Administration 8~ Finance and the Legal
Department all had roles to play for effective implementation.
Councilmember White asked if the process was working.
Catherine Fanello agreed that roles and responsibilities should be more clearly defined.
Councilmember White agrees, saying there should be better communication among departments.
Aaron Cassel, South Bend Police Department, said perhaps one officer should be responsible for
enforcement and follow-up as opposed to several as it is now.
General agreement that the ordinance itself was good, but the enforcement process needed
work. Chuck Steele of the Board of Public Works agreed. Kathleen Cekanski-Farrand asked Mr.
Steele what happens when a scrap metal license is applied for, wondering, whether subsequent
inspections prior to issuance were one in a timely manner. Steele indicated the log jam was most
often with inspections done by the Fire Prevention Bureau. The South Bend Fire Department
(SBFD) has four inspectors who made over 5200 inspections last year for the nearly 30 different
types of licenses the city issues.
Ann-Carol Nash suggested that perhaps the NCE auto service inspection process could be used
as a model. In this process applicants for licenses were pre-qualified and the window for
compliance was narrowed. From this suggestion came discussion that perhaps the application
dates for different licenses could be staggered and missed. Compliance deadlines would require
a re-application fee. Ms. Fanello suggested penalties could be added for non-compliance.
wondering, whether subsequent inspections prior to issuance were one in a timely
manner. Steele indicated the log jam was most often with inspections done by the Fire
Prevention Bureau. The South Bend Fire Department (SBFD) has four inspectors who
made over 5200 inspections last year for the neazly 30 different Types of licenses the city
issues.
Ann-Carol Nash suggested that perhaps the NCE auto service inspection process could be
used as a model. In this process applicants for licenses were pre-qualified and the
window for compliance was narrowed. From this suggestion came discussion that
perhaps the application dates for different licenses could be staggered and missed.
Compliance deadlines would require a re-application fee. Ms. Fanello suggested
penalties could be added for non-compliance.
Councilmember Karen White said the outcomes we see so for this year aze unacceptable.
The process for compliance needs to be improved; she added Councilmember Henry
Davis suggested maybe we could devise some incentive for compliance. Ann-Carol
Nash felt they needed internal deadlines. The City needs a process fair to business; we
cannot penalize business for our own failing. Councilmember White began a summation
by chazging all involved to think about how the procedures could be improved, then
make recommendations to the committee. Fanello suggested resources need to be
identified so that aggressive; but realistic timelines could be devised. Councilmember
Puzzello asked Mr. Steele to give the Council a list of scrap dealers who have applied for
licenses this year by July 31St
Councilmember Karen L. White announced the July 16th meeting of the Health and
Public Safety Committee will focus on lawn parking.
Also the firearms bill Sub 26-08 set for public hearing on June 23, 2008, will be
continued indefinitely.
Finally the 6th District Meeting of the Health & Public Safety would be at the West Side
Democratic Club on Wednesday, June 25, 2008 at 6:00 p.m.
There being no further business to come before the committee, Chairperson Karen
L. White adjourned the meeting at 4:38 p.m.
Respectfully Submitted,
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Karen L. White, Chairperson
Health & Public Safety Committee