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HomeMy WebLinkAbout11-08-04 Utilities Committee I Utilities Committee The November 8, 2004 meeting of the Utilities Committee of the South Bend Common Council was called to order at 4:20 p.m. by its Chairperson, Council Member Al "Buddy" Kirsits in the Council Informal Meeting Room. Persons in attendance included Council Members Dieter, Pfeifer, Kelly, Puzzello, Varner, Kuspa, White, Kirsits and Coleman; City Clerk John Voorde, Community & Economic Development Executive Director Sharon Kendall, Public Works Director Gary Gilot, City Engineer Carl Littrell, Assistant City Engineer Jason Durr, Director of Environmental Services Jack Dillon, City Controller Rick 011ett, Rita Kopola Jay Landry and Kathy Cekanski-Farrand, Council Attorney. Council Member Kirsits noted that the members of the Committee include Council Members Coleman,Pfeifer,Kuspa and himself. Council Member Kirsits then called for a presentation on Bill No. 78-04 which would add a new Article 11 to Chapter 17 of the South Bend Municipal Code which would regulate non-stormwater discharges to the city's separate storm sewer system and Bill No. 79-04 which would add a new Article 12 to Chapter 17 of the South Bend Municipal Code which would regulate storm water discharges from construction sites and would control erosion and sediment. Jason Dun, Assistant City Engineer made the presentation. He provided a one-page handout entitled "Storm Water Quality Management Program (SWQMP)---Illicit Discharges Ordinance & Storm Water Discharge from Construction Sites Ordinance" (copy attached). Mr. Dun stated that both ordinances are mandated by the federal government. He then summarized the handout. Director of Environmental Services Jack Dillon spoke in favor of the proposed ordinances,noting that the acreage has been reduced from five(5) acres to one(1)acre. In response to a question from Dr. Varner,Mr. Dun noted that INDOT is subjected to the same rules. Mr. Littrell stated that INDOT is an MS4 entity and must apply for a permit also. The Council Attorney noted that Bill No. 79-04 does not have a monetary fine included for the first offense, but does have a $250.00 fine for 2nd offenses and a $500 fine for 3rd offenses. She inquired whether having no fine for the 1st offense was correct and also inquired to whom the fines would be paid. Mr. Dun stated that the standard ordinances which are proposed did not call for a fine for the first violation. Mr. Gilot stated that the fines would be paid to the Engineering Department and that the employees would be bonded. Council Member Coleman made a motion, seconded by Council Member Pfeifer that Bill No. 78-04 be recommended favorably to Council. The motion passed. Utilities Committee Meeting of November 8,2004 Page 1 r t Utilities Committee Council Member Pfeifer made a motion seconded by Council Member Coleman that Bill No. 79-04 be recommended favorably to Council. The motion passed. Under miscellaneous business, Council Member Kirsits stated that he has been contacted by representatives of the St. Joseph County Self-Sufficiency Task Force would who like to address the Committee. Jay Landry of Little Flower Catholic Church and a member of St. Joseph County Self-Sufficiency Task Force then addressed the Committee. He noted that last November United Way called upon churches to address the heating crisis. In St. Joseph County, approximately$3 million was paid for heating assistance last year;and at least 1,000 homes were without heat. He stated that he has been in contact with Cathy Brucker who stated that if they find a house without a heating unit they evict the persons from the house. Mr. Landry stated that Winn Moses introduced a Bill into the state legislature regarding the establishment of the maximum amount to be chargeMfor a deposit for utilities to be $100. The Bill did not get a reading. IURC has taken up this issue and held a hearing on new rules on September 22, 2004. A dozen people from St. Joseph County attended that hearing and lobbied for the IURC to come north for another hearing. On December 1,2004, at 6 p.m. a hearing will be held by the IURC at the Bendix Theater in the Century Center. The last time the IURC held a hearing in this area of the state was in the 1970's. The are requesting a resolution from the Common Council to address consumer rights. Mr. Landry then provided a handout (copy attached). He noted that phone, gas and electric would all be consolidated with regard to deposits. The Task Force would like the maximum to be 1/12, in order to address the needs of the low income and working poor. "Credit worthiness" would also be changed to"credit score", which the Task Force believes would be a mistake. He stated that the Elkhart City Council adopted a resolution, however it incorrectly recommended the "credit score" procedure. He asked for people to attend the December 1st hearing. Council Member Dieter inquired how many persons were evicted in South Bend. No one had that information. Council Member Kirsits asked for a copy of the Elkhart resolution. Council Member Pfeifer stated that she had a copy and would share it with the Council. Dr. Varner noted that being consumer friendly is one thing but having the right to heat without paying for it is something else, noting that he understands the concerns which have been shared. He also suggested that a financial analysis would be helpful of the situation. Mr. Landry noted that the final rule would not come out until late Spring or early Summer of 2005. He also stated that comments could be sent directly to the IURC if they are sent by November 12th. He stated that the Task Force would like to have at least 800 people in attendance at the December 1st meeting. Utilities Committee Meeting of November 8,2004 Page 2 t I Utilities Committee Council Member Kirsits noted that he has a meeting set with Mr. Landry on November 17th. Council Member Kirsits thanked Mr. Landry for the information, and then adjourned the committee meeting at 4:43 p.m. Respectfully submitted, Council Member Al`Buddy"Kirsits, Chairperson Utilities Committee KCF:kmf Attachments Utilities Committee Meeting of November 8,2004 Page 2