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RESIDENTIAL NEIGHBORHOODS COMMITTEE
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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
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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
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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
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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
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Attachments
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