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HomeMy WebLinkAbout07-25-88 Residential Neighborhoods &Cnmmttttt 'Wort RESIDENTIAL NEIGHBORHOODS COMMITTEE ain tie Munn n Qionnctl of tip Mtn of fitnntli Snit The July 25, 1988 meeting of the Residential Neighborhoods Committee was called to order by its Chairman Councilman Loretta Duda at 3:50 p.m. in the Council informal meeting room. Persons in attendance included Councilmen: Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, Voorde; Max Moore, Jim Wensits, Timothy Hartzer, Dr. George Plain, James Caldwell, various members of the Leaf Burning Task Force, members of the news media, Mr. Al Watson, Dick Miller, Rebecca Schriver, Irene Gammon, and Kathleen Cekanski-Farrand. Councilman Duda stated that she was taken back by the amount of dissent which has been brought to her attention with regard to the proposed leaf burning bill filed with the Council. She stated that she believed that the proposed ordinance met the committment made to the Lung Association- that there would be a no burn environment by January 1, 1991. She felt that it was important to have such a Bill in light of the extensive amount of work put into the measure by the Task Force and because it was an important public project. She stated that she believed the. Bill was "enforceable, flexible, and fair" with the underlying purpose being "the quality of air" and no other reason. She concluded by stating that Substitute Bill No. 47-88 Version A represents a "community ordinance" and hoped that it would receive the support of the Council. (copies were then made available to the Committee) Councilman Ann Puzzello then reviewed Substitute Bill No. 47-88 (Version No. 1) which was then passed out to the Committee. She stated that she has had problems with the permit system from the very beginning of when it was involved. She stated that her Bill incorporates changes in light of Dr. Plain's comments of the last meeting. These being found in Section 9-21 (b) . She also stated that the dates in Section 9-21 (a) are from October 22 through November 26 so that each side of South Bend, namely East and West, would have 18 days each. She noted that in Section 9- 22 (b) there would be an extension until 5:30 p.m. on weekdays with all fires to be extinguished by 6:30 p.m. Councilman Puzzello stated that she believed that the situation was one of "two ends against the middle" thus she prepared an alternative Bill. Councilman Luecke stated that he does not see Substitute Bill No. 47-88 (Version No. 1) moving toward a no burn environment. He further stated that the permit process • begins to move toward a no burn environment and prefers Version No. A. Councilman Puzzello stated that her version (Version No. 1) does move toward a no burn environment since it would encourage more bagging than in the past, that people must plan when they will burn, and people must plan when they must bag in light of the alternating system. She further noted that the Bill addresses weather conditions. Councilman Niezgodski stated that he has been clear and favors the minority report, thus, he will be supporting Version No. 1. He stated that his reasons for doing so are as follows: Many individuals cannot afford to bag, many individuals cannot physically bag, and the City cannot afford a no burn situation at this time. Councilman Duda stated that the adverse comments from the Council were coming at a late time and that further discussion was necessary. She stated that she did not understand why it took the Council so long for their dissatisfaction to be made known to her. She questioned where the commitment of the Council was on clean air. Councilman Coleman strongly oppossed Councilman Duda's remark and stated that both Bills worked toward a clean environment which has breathable air. Both Bills reflect a no burn environment by January 1, 1991. He stated that Version No. 1 sets forth a "stronger, tougher, and more enforceable" Bill. He stated that it limits burning to 18 days on each side of the City, that it has strict hourly requirements, and that it eliminates the cumbersome permit system. He voiced strong appreciation of the work put forth by the Task Force but believes that Version No. 1 was a better Bill. He further stated that the Common Council is responsible to pass legislation which is enforceable. He believes that this version addresses the central concerns of the community brought to focus by the Task Force. Councilman Slavinskas, stated that he believes that Version No. 1 does nothing to bring the City closer to a no burn environment. He believes that the permit system, though inconvenient, moves closer to a no burn environment. He believes that the permit system could be enforceable and would be supporting that Bill. Councilman Luecke questioned whether the Fire Department believed that the permit system was enforceable and was advised that a member of the Fire Department sat on the Task Force. Councilman Duda further added that Mishawaka had less than 60 permits issued last year under a similar situation. Councilman Zakrzewski stated that no one from the 6th District was represented on the Task Force. He further stated that no one in his district would meet the 150 bag 2 requirement. He foresaw problems with the permit system and stated that he would be supporting Version No. 1 which be believed to be more fair to the residence of his district. Councilman Voorde and Council Coleman stated that the Council was being responsible as opposed to be "irresponsible" and that the Council was working towards a no burn environment. Dr. Plain stated that the Health Department has been working since 1970 on abating air pollution within the County. With the assistance of State monies made available substantial progress has been made. He noted that 10 days ago the "alert in Chicago" took place where at that same time in South Bend, we were only in the "moderate" range because of the air contaminent levels being substantially reduced. He stated that his department is working and will continue to work with bulk loading plants, service stations, etc. , and will monitor their operations. Dr. Plain had hoped that a no burn ordinance would be passed eliminating burning this year. He stated that South Bend is behind the times to continue to burn leaves in the City. He stated that the Mishawaka permit system has worked well. He spoke against Version No. 1 and "strongly" supports the permit system incorporated in Version A. Mr. Dick Miller, who served on the Task Force, stated that he worked for nine weeks, and for the Council to consider a substitute bill proposed in less than a week was not fair to the citizens or the Task Force. He noted that 5, 600 people go to the clinics for respiratory problems in St. Joseph County alone. He stated that persons have the right to breathe and live with clean air. Air pollution, he believes, is killing people. He stated that he felt like he had been struck with a "stick in the eye" by the Council entertaining Version No. 1. He stated that individuals with respiratory will make their voices heard. Rebecca Schriver questioned whether school children would only have to go to school on alternate days if Version No. 1 is passed. She stated that the permit system allows the County to accumulate appropriate data and was the most logical alternative. Irene Gammon stated that one mature Oak tree has 750,000 leaves. She stated that until the City can offer a pick-up service of non-bagged leaves that the City could not force a no burn environment until a proper alternative is given to them. Following further discussion Councilman Zakrzewski made a motion seconded by Councilman Voorde that Substitute Bill No. 47-88 Versions No. 1 and A be sent to full Council 3 without recommendation. The motion was defeated by a 3 to 2 vote. Councilman Luecke then made a motion seconded by Councilman Soderberg that Substitute Bill No. 47-88 Version A be recommended favorably to Council. The motion passed by a 3 to 2 vote with Councilman Soderberg, Luecke, and Duda in the majority and Councilman Voorde and Zakrzewski in the minority. Councilman Duda then stated that she apologized to the City Administration and to the Common Council for the shortness in time with regard to notification of the letter dated July 12, 1988 from Carl D. Covitz, acting secretary, in the Housing and Urban Development Office. (copy attached) She stated that Mr. Watkins had made an initial inquiry and that this letter was the response to that. She then asked Mr. Al Watson to address this topic. Mr. Watson then asked for a copy of the letter so that he could review it in order to respond. He stated that the housing units would not be resold and that they would remain on HUD's inventory for perpetuity. He further stated that the items addressed in the letter are interior items and not exterior items. He further stated that HUD had not asked the City for a commitment. He then provided copies of a notice issued September 21, 1987 entitled "PIH 87-26 (PHA) " which addresses "cost containment and modest design requirements for development of public housing" (copy attached, four pages. ) Councilman Zakrzewski stated that the past 6th District Councilman as well as himself have welcomed public housing within his district and that there are over 70 homes and two apartment complexes in the 6th. He stated that the 6th District has done its share in the past and will continue to do so in the future. Upon motion being made by Councilman Luecke and seconded by Councilman Soderberg and being duly acted upon, the Residential Neighborhoods Committee was adjourned at 4:40 p.m. Respectfully submitted, Councilman Loretta Duda, Chairman Residential Neighborhoods Committee LD:srk Attachments 4