HomeMy WebLinkAbout01-12-04 Personnel & Finance tot=itc port
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The January 12, 2004 meeting of the Personnel and Finance Committee was called to order by its
Chairperson, Council Member Derek D. Dieter at 3:45 p.m. in the Council Informal Meeting
Room.
Persons in attendance included Council Members Kelly, White, Varner, Dieter, Puzzello, Kirsits,
Coleman, Pfeifer and Kuspa;Public Works Director Gary Gilot,Terry Bland of the &nab Vera
�.'t vtttrt, and'Kathleen C na i 5>> -Faiaaiu, Council Attorney.
Council Member Deiter welcomed everyone to the 1st Personnel and Finance Committee meeting of
the new year. He noted that the Committee Members include himself as Chairperson, Dr. Varner
as Vice-Chairperson, and Council Members Kelly and Puzzello.
Council Member Deiter then called for a presentation on Bill No. 04-06 which would approve the
issuance of a scrap metal/junk dealers/transfer station license for calendar year 2003.
Public Works Director Gary Gilot made the presentation. He stated that the application of CTA
Enterprises d/b/a South Side Auto Salvage and Towing for the property located at 1602 Lafayette,
was received by the City Administration on June 6,2003. After various inspections were made by
the city a letter of denial was sent by the city on August 19,2003. The applicant then appealed and
a Hearing Officer overturned the city and issued a list of items which had been corrected on
September 25, 2003. The Board of Public Works then took action on December 8, 2003 and
recommend favorable action by the Council.
Dr. Varner inquired whether the petitioner was allowed to operate during this entire period of time,
or whether a cease and desist order was ever issued by the city. Dr. Varner suggested that the
system needs to be more efficient.
Mr. Gilot stated that it"took awhile"for the license request to be processed through Administration
and Finance.
Council Member Deiter suggested that Mr. Gilot speak with the Legal Department with regard to
developing a procedure for shutting down businesses that are not in compliance with our local
ordinance provisions. He inquired whether the petitioner was ever fined.
Mr. Gilot stated that he would pass the concerns raised by the Council on to the appropriate City
Offices.
The Council Attorney noted that § 4-51 of the South Bend Municipal Code, ¶ (o) authorizes the
City to issue citations calling for a penalty of $100.00, with each day of operation in violation of
the ordinance constituting a violation. The Council Attorney also inquired whether the Hearing
Officer established specific deadlines in his/her order for any items that may not have been in
compliance.
Dr. Varner requested the Council Attorney to sent a letter to the Administration setting forth all of
the concerns raised with regard to the licensing procedures in this area. He further suggested that
there should be a process in place when there is a change of ownership that is straight-forward and
timely addressed by the City Administration.
Personnel and Finance Committee
January 12, 2004
Page
Council Member Puzzello added that business who are not in compliance with applicable licensing
ordinances should not be allowed to operate without a license.
Council Member Kuspa stated that proper enforcement by the City should have been done in June
of last year and that fines should have been assessed if the petitioner was not in compliance and
still continued to operate.
Following discussion, Dr. Varner made a motion, seconded by Council Member Kelly, that
despite the concerns raised with regard to the licensing process in this case, that Bill No. 04-06 be
recommended favorably to Council. The motion passed.
There being no further business to come before the Committee, Council Member Deiter adjourned
the meeting at 3:55 p.m.
Respectfully submitted,
Council Member Derek D. Defter, Chairperson
Personnel and Finance Committee
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