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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 V 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) . Utilities Committee 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 attachments