HomeMy WebLinkAbout01-10-94 Utilities Committee UTILITIES COMMITTEE
The January 10; 1994 meeting of the Utilities Committee was
called to order by its Chairperson, Council Member Tom
Zakrewski at 4 : 00 p.m. in the Council Informal Meeting Room.
Persons in attendance included Council Members: Luecke,
Washington, Kelly, Puzzello, Slavinskas, Zakrzewski,
Coleman, Duda, and Ladewski; Ann Brunnel, John Broden, Kathy
Dempsey, Don Porter, Jack Dillon, and Kathleen Cekanski-
Farrand.
Council Member Zakrzewski noted that the new Committee
Members include: Council Members Zakrzewski, Luecke,
Washington, Puzzello, and himself.
The first item on the agenda was to review Bill No. 120-93
which would amend Ordinance No. 8436-93 addressing "refuse" .
Mr. Jack Dillon made the presentation. He introduced Ann
Brunnel from the City Attorney's Office. He noted that the
proposed Bill incorporates the recommendation suggested at
the Council Meeting of November 29 , 1993 . He stated that
the Bill addresses Specialized Collection Services. It
would change how the fee is established and that such
services would be governed by rules and regulations adopted
by the Board of Public Works. He noted that currently there
are twelve (12) entities that provide specialized services.
In response to a question raised by Council Member Kelly, it
was noted that billings would be from the private haulers
themselves who must intern provide a list to the City of
South Bend of their customers. In response to a questioned
raised by Council Member Washington, it was noted that in
some cases private haulers may desire to charge less then
the amounts which were set for specialized services in
Ordinance No. 8436-93 and Sub Section 16-6.
Council Member Slavinskas questioned whether the recycling
operation and service currently operated by Superior Waste,
as an example, is in violation of Ordinance No 8436-93 . He
noted that in may cases the recyclable material is being
picked up at the curb side. Mr. Dillon stated that he would
look into this matter.
Council Member Luecke asked questions with regard to
handicapped individuals and Senior Citizen requests and
Specialized Services. It was noted by Mr. Dillon that all
landfill receipts must be provided by those providing
specialized services.
Council Member Zakrzewski questioned what would stop a
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Utilities Committee
January 10, 1994
Page 2
private hauler to under cut the City and was advised that a
there is nothing that could be done in this area. However
Mr. Dillon stressed that such an entity could not collect
residential refuse that was curb side or alley side.
Council Member Zakrzewski voiced concerned that in many
instances there would be still 2 to 3 trucks going down an
alley and that, that was one of the items that was to be
curtailed under the new procedure.
Council Member Coleman that the spirit of the Ordinance
passed in November of last year was to basically grandfather
those that were currently in business and providing lawful
services in this area. He stated that he would prefer the
number be limited so that the spirit in which the original
Ordinance was passed would remain in affect. Council Member
Duda agreed with this position. Council President Puzzello
suggested that perhaps the City could limit the number to
those that are providing such specialized collection
services during 1994 . Mr. Dillon suggested that perhaps it
could be limited as of those in business as of March 1,
1994 . He stated that he would confer with the Legal
Department on this matter. Council Member Kelly stated that
there should be some limitation so long that it was
reasonable. Council Member Washington cautioned the
Committee that there was a significant difference between
limiting taxicabs, for example, as opposed to refuse.
The Council Attorney stated that the concern raised by
Council Member Slavinskas with regard to curb side or alley
side pickup of recyclable materials may be in violation of
Section 16-6 and that the definition of specialized
collection services may have to be reconsidered in light of
the prior Ordinances "exception" language. She suggested
that if in deed there was a legal problem that the Committee
through its Chairman formally notify the City Administration
that it did not see as the intent of the overall Ordinance
to fine an individual $50. 00 if he or she was having their
recyclable materials picked up on the curb side of there
home or in the alley behind their home.
Ann Brunnel stated that she would bring this concern to Mary
Mueller's attention.
Mr. Dillon gave a copy of a current Rules and Regulations
regarding Residental Refuse Collection to the Committee
(copy attached) .
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January 10, 1994
Page 3
Following further discussion, Council Member Slavinskas made
a motion, seconded by Council Member Luecke, that Bill No.
120-93 be recommended favorably to Council with the
Committee formally informing the City Administration of the
concerns with regard to recyclable materials. The motion
passed.
There being no further business to come before the
Committee, the meeting was adjourned at 4 : 30 p.m.
Respectfully submitted,
Council Member Thomas Zakrewski, Chairperson
Utilities Committee
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