04-27-06 Council Meeting Minutes

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REGULAR MEETING APRIL 27, 2006 done. The bill calls for a one page which is basically half a page when you go through the requirements of anyone that would like to give over any items which fall into the ferrous or non-ferrous area, excluding any aluminum cans or tin cans for transaction that are less than $100.00 that they would received.She stated that they are also requiring a thumb print and it should be noted that the State of California and the State of Hawaii have used thumbprints, particularly the State of California since 1985 as a requirement just to get a drivers license, in light of some of the concerns that were raised. It also provides for an exemption for municipalities that bring in vehicles for scrapping from the form requirements in light of the other extensive forms that they have to provide. It delays the enactment of the video surveillance equipment that they are recommending until September 1, 2006, so then we can continue the dialogue with the all of the businesses in the area. The form that would be used if the Ordinance would go forward this evening would be developed by the Department of Administration and Finance, since that is the City Agency which has the authority through the Controller Office to issue licenses for the City. With regard to the thumbprint, there are 38 states that have utilized for the past several years, the thumbprint signature program. Which has been upheld in 38 of the States that are currently using it. It is used in the State of Indiana. It involves using a touch pad that looks similar to an ink pad; however, there is no ink or residue that would be left on either the persons thumb or their clothing. It is inkless and the pads run about $3.35 and can have the capability of 1,300 imprints that could be used. There have been proactive communications again with the South Bend Police Department that in the event that the South Bend Common Council would go forward this evening in passing this bill, that they would work together to implement a business watch where all business that would be required be licensed under this ordinance would automatically receive by e-mail and voice mail alerts from the South Bend Police Department when they have been made aware of any reported thefts of ferrous and non-ferrous items. The Councilmember's had the opportunity to heard the comments both favorable from the Department of Code Enforcement as well as the Department of Law on this bill. Councilmember Kirsits stated that last Friday, Councilmember Dieter and Council Attorney Kathleen Cekanski-Farrand, toured several of the scrap metal dealers/recycling centers. He stated that he learned about scrap metal. This is a very serious problem, each company had a little different way that they handle it, but asking for some kind of identification from people that are going to be brining in material, is important to have. During the discussion in the Council Committee meetings, the Council has a better understanding the business aspect of scrapping. The price of metals goes up and down within days and the Council does not want to hinder the small businesses, however, when the Council toured the neighborhoods this past month, there was a dump truck loaded with aluminum siding stripped from a house, not knowing whether it was legal or illegal is the problem. Councilmember Varner stated he does not believe that this bill is the total answer. It might slow down the illegal theft of aluminum, copper and related items. This bill may may it unprofitable not for the businesses but the thieves, it can be felt that some good has come out of this bill. He stated that this bill has evolved and believes that maybe some good will come with continued dialogue with the businesses. 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 was no one present wishing to speak to the Council in favor of this bill. The following individuals spoke in oppositions to this bill. Mr. David Mirkin, Attorney at Law, 112 W. Jefferson Blvd., South Bend, Indiana, spoke in opposition to this bill. He thanked the Council for the dialogue that they have had. They have gone to a lot of trouble to listen to the needs of the businesses and are very appreciative of that. The comments that have been heard tonight for example, a continued dialogue as the Council and the businesses continue to work on this problem. Mr. Mirkin stated that his client South Bend Scrap has been concerned about this bill and thanked the Council for 8