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HomeMy WebLinkAbout04-03-91 Public Works & Residential Neighborhoods Tntnmittrr apart JOINT COMMITTEE OF THE PUBLIC WORKS AND RESIDENTIAL NEIGHBORHOODS COMMITTEE (Bo the Qlnmuwn Ql ounril of tile fdtin of lioutll Snit: The April 3, 1991 Joint Meeting of the Public Works and Residential Neighborhood Committees was called to order by its respective Chairpersons, Council Member Duda and Council Member Zakrzewski at 4:05 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Zakrzewski, Ladewski, Niezgodski, Puzzello, Luecke, Duda, and Coleman; Patricia DeClercq, Jenny Pitts-Manier, Bob Grant of Grant Construction, Dave Pace of Pace Roofing and Siding Limited, Dennis Papczynski of South Bend Roofing Company, Paul Sidoricwz of ABC Supply Company, Donald O'Blenis of Roofers Local 23, Bill Machemer of US Intec, Inc. , Larry Schmitt, handyman, Jack Powell of Powell Construction Company, Inc. , Roger Warner of Powell Construction Company, Inc. , Leon Townsend of Townsend Construction, Bob Urbanski of Trans Tech Electric, Inc. , Steve Tomasi of Farm Bureau Insurance, Scott Mattawski of Acorn Construction, Don Porter, and Kathleen Cekanski-Farrrand. Council Member Duda began the meeting by having everyone present introduce themselves. She noted that the purpose of the meeting was to discuss Bill No. 21-91 which proposes building contractor registration requirements. She noted that she has had a series of meetings with concerned contractors and held meetings on January 3rd, February 7th, and March 7th, in preparation for the filing of the Bill. She noted that she met with the City Controller on March 12th, and met with Patricia DeClercq, Greg Pal, Sandra Boyd, Don Niezgodski, and the Council Attorney in a meeting on March 19th. All of this background preparation was done prior to the filing of the Bill, which had first reading on March 25, 1991. Council Member Duda then called upon the Council Attorney to summarize the Bill. The Council Attorney noted that she had reviewed the material from the City of LaPorte, the City of Hammond, and State laws from the State of Michigan, in preparation for the proposed registration concept. She noted that the overall purpose was for the protection of public health and safety for both employers who employ individuals who work in the building trades area, as well as consumers who contract for such services. The Bill would call for an application to be completed with the City Controller's Office, along with proof of Workmen's Compensation and public liability insurance. A fee as set forth in the proposed Bill would be consistent with the type of permit 4 Joint Committee Meeting April 3, 1991 Page 2 requested. She noted the citation provision requested by the contractors, which would call for citations to be issued upon violation of any provision of the proposed Ordinance, resulting in a $50.00 for each such violation. Council Member Duda noted that the Bill would call for the cooperation of the City Controller's Office for the basic registration, the Code Enforcement Office for enforcement as well as seeking the registration number of all individuals who applied for building permits, and the Ordinance Violation Bureau for the receipt of monies paid pursuant to a citation being issued. Council Member Ladewski questioned what promoted the Bill being introduced. Mr. Bill Machemer of US Intec, Inc. , noted that he is a Manufacturing Representative. He is concerned that only certified applicators should be installing roofing materials sold by his Company. He stressed the need for proof of insurance requirements. Council Member Luecke noted that certification goes beyond the provisions of the proposed Bill. In response to Council Member Ladewski's question, Mr. Jack Powell of Powell Construction noted that the three bordering states of Ohio, Michigan, and Illinois are State licensed. Indiana is not. He stated that the registration process proposed to the City of South Bend, is an alternative to State licensing. He noted that in many instances, senior citizens are often coerced by advertisements that they will receive a 30% discount when in fact they are "ripped off". It was noted that this is a Bill to help protect both the contractor and the consumer. Mr. Dennis Papczynski of South Bend Roofing Company, stressed the need for the requirement for Workmen's Compensation. He noted that those who do comply with this requirement, compete at a lower cost. He stated that the regulations are needed so that all individuals who wish to work in this area are playing by the same rules. He stated that there is a need to help building contractors and build upon their idea. Council Member Luecke noted that costs for insurance and Workmen's Compensation often give a competitive disadvantage to those who comply with such requirements. He noted that he had his own company approximately ten years ago. He voiced 4 Joint Committee Meeting April 3, 1991 Page 3 concern with regard to the elderly and the fact that the Ordinance does not address qualifications. He also stated that the "handyman concept" should be addressed. Mr. Larry Schmitt voiced concern with regard to the proposed Ordinance. He then handed out a one page paper outlining his "Contractor Licensing Proposal Ideas" (copy attached) . Council Member Zakrzewski questioned what the proposed Bill would accomplish. It was noted by some of the contractors that it would create a "level playing field" and would help curb undercutting by other contractors. Patricia DeClercq, the Director of Code Enforcement, then voiced her concerns. She noted that she was concerned with regard to the requirement for proof of Workmen's Compensation, and believed that the Ordinance would drive the small business person underground. She noted that the Ordinance does not address qualifications and that something should be done county wide. She noted that she had been in contact with the County Building Commissioner and the Building Commissioner for the City of Mishawaka, who also voiced concern with regard to the proposal. She noted that she believes the fees are too high. She also noted that they were gathering information from the City of Fort Wayne, where a similar proposal regarding insurance was struck down by the Courts. Council Member Duda noted that if the City of South Bend would pass such an Ordinance, that preliminary discussions are ongoing with regard to taking the regulations county wide, and that it would also be discussed with the City of Mishawaka. Council Member Niezgodski that the contractors have proposed the overall concept. He noted that the City Council was concerned about what rules and regulations are most appropriate for the City of South Bend, and was not concerned with regard to whether the Building Commissioners of the City of Mishawaka and St. Joseph County, objected to portions of the proposed Bill. Mr. Dave Pace of Pace Roofing and Siding Limited, stated it was a matter of responsibility. Mr. Bob Urbanski of Trans Tech Electric, Inc. , stated that perhaps the expectations of the Bill are too high. He stated that it is a good first step, and would provide a better mechanism for the City to look at work done by building contractors. He noted that he is concerned with regard to the elderly and the quality of work. Joint Committee Meeting April 3, 1991 Page 4 Jenny Pitts-Manier, Assistant City Attorney, noted that she had been contact with the Building Commissioner of the City of Fort Wayne. She noted that it was her understanding that a similar insurance provision as that proposed in the Ordinance, had been struck down when challenged. Representatives of Powell Construction Company, Inc. , noted that often times, perhaps up to a dozen times per year, they are called into a project to correct other contractors mistakes. Council Member Coleman questioned where the monies generated through fees would be deposited. It was noted that that would be deposited into Miscellaneous Revenue in the Controller's budget. He also questioned the number of contractors operating within the City. He stressed the need for consistency between the City of South Bend, the City of Mishawaka, and the County. He also voiced concern with regard to the requirement of printing the registration permit number in advertisements. Mr. Don O'Blenis of the Roofers Local Union, stated that the bottom line on this Bill is to provide protections for contractors, employees or subcontractors of such contractors, and the homeowner. Mr. Urbanski noted that the people that would be protected are the approximate 105, 000 residents of the City of South Bend. He also stated that the homeowner could still procure their own building permits, since that part of the Building Code is not being amended. Council Member Luecke suggested that their be a further follow-up with the City of LaPorte with regard to their track record on their Ordinance. It was also suggested that a definition for a "handyman" be pursued. Following further discussion, Council Member Coleman suggested along with Council Member Ladewski, that the Bill be continued for further discussion to the meeting of April 22nd of the Common Council. Council Member Duda suggested that another Committee Meeting be held perhaps on Monday, April 15th at 4:00 p.m. of the Joint Committees. Council Member Duda thanked all those in attendance for their continuing input on this proposed Bill. Joint Committee Meeting April 3, 1991 Page 5 There being no further business to come before the Committee, the meeting was adjourned at 5:55 p.m. Respectfully submitted, Council Member Loretta Duda, Chairperson Residential Neighborhoods Committee Thomas Zakrzewski, Chairperson Public Works Committee