HomeMy WebLinkAbout07-20-88 Residential Neighborhoods atinninittrg Smart
RESIDENTIAL NEIGHBORHOODS COMMITTEE
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The July 20, 1988 meeting of the Residential Neighborhoods
Committee was called to order by its Chairman Councilman
Loretta Duda at 5:00 p.m. in the Council informal meeting
room.
Persons in attendance included Councilmen: Duda, Soderberg,
Zakrzewski, Puzzello, Slavinskas, Niezgodski, Voorde, and
Coleman; Max Moore, citizen member, Attorney Robert Parker,
Doctor George Plain, Norman Primus, Dick Moon, Irene Gammon,
James Caldwell, Jim Puzzello, Pam Burnett, Rebecca Shriver,
various members of the news media, and Kathleen Cekanski-
Farrand.
The meeting began with the introduction of persons present.
Doctor Plain noted that he hired Rebecca Shriver, a member
of the Leaf Task Force, in light of her ability shown on the
task force and she is now a member of the St. Joseph County
Health Department. Councilman Duda then asked the Council
Attorney to review the Ordinance. Kathleen Cekanski-Farrand
then reviewed Bill No. 47-88. She prefaced her comments
with the fact that she had attempted to incorporate all of
the recommendations made in the majority report to the City.
She noted that from a procedural aspect, Bill No. 67-87
presented by former President Beck was still pending in the
committee, that a motion to strike that Bill would be
appropriate if the committee and Council would act on a new
Ordinance.
Bill No. 47-88 proposes to incorporate all of the leaf
burning and air pollution control regulations into one
article within chapter 9 which is currently entitled "Fire
Prevention. " As a consequence the numerous sections of the
City Code addressing these topics such as Section 9-7 and
13-76 would be repealed.
The Ordinance proposes the following new sections:
Section 9-19 Intent and Purposes of Article
Section 9-20 Burning Prohibited
Section 9-21 Burning Permit
Section 9-22 Refusal to Issue: Suspension or Revocation
of Permit
Section 9-23 Rules and Regulations Governing Leaf
Burning Permits
Section 9-24 Leaf Burning Task Force
Section 9-25 Warning Notices and Citations
She then reviewed each of the sections in detail.
Considerable discussion took place with regard to the actual
dates when burning would be permitted, as well as the role
of the St.
Joseph County Health Department and the Fire
Department with regard to the issuance of a burning permit.
The Committee heard various comments from members of the
Task Force Committee including Doctor George Plain, Attorney
Robert Parker and Mr. Norman Primus. The Committee was
urged to incorporate the following amendments into the Bill
namely that in Section 9-21 (a) to incorporate tenants and
their ability to burn; to incorporate into Section 9-21 (h)
the dates of October 22 through November 30; to modify the
language in Section 9-23 (a) in order to delete the term
"medical impossibility" ; to amend Section 9-23 (c) the age
of 18 to the age of 16; to amend Section 9-23 (d) so that
leaf burning may be started between 9:00 a.m. through 5:00
p.m. and all fires being extinguished by 6: 00 p.m. It was
also recommended that in Section 9-23 (f) that the word
"shall" be deleted and that the word "may" be inserted
instead.
Councilman Ann Puzzello, a member of the task force
committee, then read a position statement (copy attached) to
the committee. She then made available copies of Substitute
Bill No. 47-88. Basically the substitute version would
permit burning on alternate days throughout the City. She
maintained many of the rules and regulations governing leaf
burning as originally proposed, the provision with regard to
the leaf burning task force, and the warning notices and
citations procedure. It was noted that the fine was amended
to $25. 00 instead of $100.00.
Councilman Duda appreciated Councilman Puzzello comments and
asked the committee members to study both Bills. She noted
that the goal was to restrict burning without being a burden
to the community. She asked that the mojority report of the
task force and their version of the Ordinance be given the
opportunity to be tried. It was noted that Mishawaka has
operated under a permit system with approximately 50 permits
being issued.
Doctor Plain noted that the concentrates resulting from leaf
burning would provide worse air samplings and may result in
detrimental designations and possible non-compliance. The
County has experienced two violations with regard to
particulate matter being in the area.
Councilman Duda again asked the committee members to study
both Bills and to accept the challenge of having a no-burn
environment by 1991. She then presented "certificates for
special recognition" to the leaf burning task force members.
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Councilman Soderberg then made a motion seconded by
Councilman Duda that the meeting be continued until Monday,
July 25, 1988 at 3 :45 p.m. The motion passed. The meeting
was recessed at 6:20 p.m.
Respectfully submitted,
Councilman Loretta Duda, Chairman
Residential Neighborhoods Committee
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Attachments
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