04-27-06 Council Meeting Minutes

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REGULAR MEETING APRIL 27, 2006 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation, to full Council and set this bill for Third Reading on May 8, 2006. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 12-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 4, CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO HELP CURTAIL THE THEFT OF ALUMINUM, COPPER AND RELATED ITEMS Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Council President Timothy A. Rouse, reported that this Committee met on this bill on Monday, April 24, 2006 and voted to send this amended bill to the full Council with a favorable recommendation. Council Attorney Kathleen Cekanski-Farrand made the presentation for this bill. st Ms. Cekanski-Farrand stated that this bill is sponsored by Councilmember Dieter, 1 District, Councilmember White, Chairperson, Health and Public Safety Committee, and Councilmember Puzzello, Vice-Chairperson, Health and Public Safety Committee. The original bill was filed with the Office of the City Clerk on February 22, 2006, and since that time the Health and Public Safety Committee has had four extensive committee hearings held on March 22, 2006, March 27, 2006, April 10, 2006 and April 24, 2006. During those meetings and all of those minutes are available for public inspection there was testimony that was provided by several members of the South Bend Police Department as far as why the proposed regulations are needed.In addition to that, Councilmember Dieter provided police reports with regard to thefts of copper, aluminum siding, and we have had several reports in the South Bend Tribune with regard not only to those items but also the increasing theft of manhole covers in the City. In light of the information that was provided at the four Health and Public Safety Committee meetings, there is rational basis for the proposed regulations to go forward. It additional the Councilmember’s have taken an extensive amount of time to allow an opportunity for discussion not only with those individuals many of which are here this evening that are currently licensed as a operator in the trash or recycling business, concerned residences and two of the Councilmember’s will have additional comments with regard first hand visits that they made to at three of the operations in South Bend. To highlight some of the major items in this bill. There has been a clarification of the definitions throughout the ordinance. Secondly, in light of the extensive regulations that are set forth by the environmental protection agency, IDEM, Indiana Department of Environmental Management, as well as the Solid Waste Management Board. They are recommending that the transfer stations which have been in the ordinance since 1988 be excluded. The proposed bill also streamlines the overall licensing process by eliminating the Board of Public Works which basically carrying on a miniscule currently. It would update the terminology which is referring to the zoning code and would reflect the new terms that reflect in the new zoning laws which were adopted last year. For the first time the Department of Administration and Finance would be permitted to issue interim licenses for the period of sixty days. Those are typically in situations where they may be a fence problem, where they need additional time to correct fencing, in light of the inclement weather during the winter months. The bill proposes to raise the yearly license from $190.00 to $250.00 to address the actual cost that are incurred by the City of South Bend in order to properly regulate in this area and to provide various inspections that need to be 7