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REGULAR MEETING JUNE 14, 1971 <br />REGULAR MEETING <br />Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council <br />Chambers in the County -City Building on Monday, June 14, 1971, at 8 :08 P. M. The meeting was <br />called to order by Council President Robert 0. Laven. The invocation was given by Reverend <br />Kenneth Foulke, All Saints Evangelical United Methodist Church, 2308 South High Street, <br />South Bend, Indiana. <br />ROLL CALL <br />PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak., <br />Wise and Palmer <br />ABSENT: Councilman Zielinski <br />RESOLVE INTO THE COMMITTEE OF THE WHOLE <br />Council President Laven entertained a motion to resolve the Council into the Committee of the <br />Whole on the state of the City to consider the items listed on the agenda for the consideration <br />of the Committee of the Whole. Councilman Reinke so moved, seconded by Councilman Craven. <br />Motion carried. Time: 8:10 P. M. <br />COMMITTEE OF THE WHOLE MEETING <br />Be it remembered that the Common Council of the City of South Bend, Indiana, met <br />in the Committe <br />of'the Whole in the Council Chambers of the County -City Building on Monday, June <br />14, 1971 at <br />8:11 P.M.- The meeting was called to order by Chairman William W. Grounds, who <br />presided. <br />ORDINANCE NO.5299 -71 AN ORDINANCE AMENDING ORDINANCE. NO. 3964 ENTITLED "AN <br />ORDINANCE FIXING THE SCHEDULE OF RATES AND CHARGES TO <br />BE COLLECTED BY THE CITY OF SOUTH BEND, INDIANA, FROM <br />THE OWNERS OF PROPERTY SERVED BY THE SEWAGE DISPOSAL <br />WORKS OF SAID CITY, AND OTHER MATTERS CONNECTED THERE- <br />WITH", PASSED BY THE COMMON COUNCIL OF THE CITY OF <br />SOUTH BEND, INDIANA ON FEBRUARY 24, 1954, AS AMENDED <br />BY AN ORDINANCE NO. 4844 PASSED BY THE COMMON COUNCIL <br />OF SOUTH BEND, INDIANA, ON APRIL 25, 1966. <br />Councilman Craven moved to amend ordinance by substitution and amendment was read <br />by Councilman <br />Craven. The motion was seconded by Councilman Laven and carried unanimously. <br />This being the time heretofore set for public hearing on the above ordinance, proponents and <br />opponents were given an opportunity to be heard thereon. David Wells, Sanitation Engineer, <br />spoke on the ordinance revising rates for sewage treatment for the construction of additional <br />equipment and operating costs of the Wastewater plant of South Bend. Following hearings with <br />the Indiana Stream Pollution Control Board, the City was mandated to chlorinate the final ef- <br />fluent of the sewage plant by May, 1969, and subsequently the City was directed to remove 80% <br />of the phosphates. Having applied for assistance,State and Federal funds in the amount of <br />$4,451,275 are now available. If the facilities are not built, the administration and City <br />would be in contempt of the Stream Pollution Control Board and eventually, the courts. Re- <br />payment of the bond and the operation of the new facilities are to be provided for with the <br />proposed rate. Passage of this ordinance should not be delayed since our time table is quite <br />short and the loss of these grants would result in approximately 24% increase to the taxpayer. <br />Eighty per cent of the increased cost is due to the need for five chemicals and additional <br />power; increased labor and overhead account for the balance. The final minimum monthly <br />charge will be $3.40. Forty per cent of the rate increase would go into effect on July, 1971, <br />forty per cent in July, 1972 and twenty per cent in January, 1973. Mr. Wells urged passage <br />of this legislation in order to keep our river as a recreational area rather than an open sewer. <br />Mr. William Ogden who resides in Mishawaka and is a representative of the United Auto Workers <br />retirees in the county, objected to the increased rates and said that provisions should be <br />made for exemption for people on Social Security and fixed incomes; that old people are never <br />going to see the river clean. Mrs. Robert Rice of the Rice Enterprises, 1420 So. Michigan St., <br />South Bend, referred to an article written by the Industrial Pollution Control Council in the <br />Department of Commerce regarding several methods of low cost removal of phosphates. She asked <br />if the new equipment was necessary. Miss Virginia Guthrie, executive secretary of the Civic <br />Planning Association, asked if limitations placed on phosphate contents in detergents by the <br />Indiana General Assembly would not affect the requirements for phosphate removal from the <br />sewage. Mr. Wells referred to a letter from Mr. Perry Miller, Technical Secretary of the <br />Stream Pollution Control Board, dated May 28, 1971, addressed to Mr. Lloyd S. Taylor, City <br />Engineer, which contains the following paragraph: "As you know, all phosphorus does not <br />come from detergents. Human wastes contain considerable amounts and in addition, even with <br />the reductions required by the Detergent Act, there would still be a significant amount of <br />phosphorus in compounds used in cleaning, industrial and commercial operations. Therefore, <br />phosphorus removal facilities will still be required at the wastewater treatment plant." Mr. <br />Robert Rice of the Rice Enterprises, 1420 So. Michigan Street, South Bend, stated that while <br />he did not oppose the ordinance, he felt that it was somewhat inequitable in that as compar- <br />ed to any other public utility, industry pays the same rate as the householder. He wished <br />to clarify that the launderers and cleaners were not as much to blame for the pollution as <br />was attributed to them; that since their water goes through steam operations, it is purified. <br />They now have the added problem of having to pay the higher rate but are not able to increase <br />their prices because the coin operated machines cannot be changed to 56, increase or 10� in- <br />crease. The next step is a 501� coin machine which would decrease the use of the laundromats <br />and increase the sales of the automatic home washers. Mr. Laven thought it was a point well <br />taken and asked Mr. McCullough to comment on the rate. Mr. Taylor said that the contracts <br />with the gas and electric companies are risky for the consumer; that since we have a certain bas <br />fixed cost, we try to make everybody pay for that fixed cost. Mr. Michael McIntire, Notre <br />Dame Law Professor, opposed the ordinance stating he strongly disagreed with the philosophy be- <br />hind it, in that it was unfair; that it subsidizes the large users. He suggested the Council <br />reconsider and referred them to a book entitled "Composition of Industrial Waste ". He stated <br />that oil and gasoline are a terrific problem that could very well be taken care of in a sur- <br />charge. Those who create the problem should be made to pay for them. Graduated rates are <br />highly discriminatory against the property owner, retirees and those on fixed incomes. Heavy <br />metals and concentrates create problems also. City Attorney S. J. Crumpacker replied to Mr. <br />McIntire by stating that to say that the step rate schedule system is insane would mean that <br />