04-27-06 Council Meeting Minutes

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REGULAR MEETING APRIL 27, 2006 modifying this ordinance to reflect the concerns of his client. There are three concerns that they wish were not there and are going to be tough to live with.The first is the most complicated licensing program in town. This ordinance adds another agency, the Police Department, to the licensing process and this concerns his client that it is going to make it more complicated. Secondly, the thumbprint process is another complication. Mr. Mirkin stated that any given Saturday, his client may have 200 to 300 people coming in; it is going to be really tough to get thumbprints from that many people. It sounds really easy, but in the real world it is going to be tough. The other issues is the record keeping that this ordinance calls for pertaining to the metals under $100.00 is different than the record keeping that the state statute calls for the metals over $100.00. It is common sense that when a business has to keep to types of records instead of just one this is a problem. They would like to see uniformity in this issue. Mr. Mirkin reiterated that South Bend Scrap looks forward to continue dialogue with the Council regarding this bill, no matter what the outcome is tonight, to work to modify this bill so that it is a workable bill. Mr. Robert Heslop, advised that the Council needs to be commended on their efforts to stand up and do something about metal thefts in South Bend. He stated that the Council has a great deal on its plate and he now senses that the consensus among the members is to push these amendments through because this thing has gone on long enough. Mr. Heslop stated that this is no way to legislate. He stated that there are two items in these amendments that need to be readdressed that would trigger the greatest financial damages. The first is the holding period. Even 1 day is impossible for all material, but we can hold any suspicious material and possibly even longer if required, take photos and post on a Theft Alert Network. The second is the thumb printing. We have had many customers tell us that they think this violates their right to privacy and they will not do it. Mr. Heslop stated that he would happily comply with the surveillance requirement, the photo identity as well as the license number and form if required, but the holding time and thumb printing are without doubt, excessive and restrictive and will cause financial damage. He encourages the Council to consider striking these two items from the bill even if just for a temporary time. Mr. Mike Morris, 1420 South Walnut, South Bend, Indiana, extended his condolences to the South Bend Police Department on the loss of Cpl. Scott Severns. Mr. Morris stated that crime is a problem in this City and it cannot be tolerated. He applauded the Council for dealing with all crime including this one with scrap. He would like to see the forms and the processes are more streamlined and do not cause an undue burdened to the businesses while still maintaining the databases that are required to effectively take criminals off the street. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Ms. Cekanski-Farrand stated that she had the opportunity to talk with Mr. Morris this morning and assured him that the Controller’s Office as well as the Council will work together with the businesses on the software and the forms. She thanked the representatives from South Bend Scrap and all of the businesses that e-mailed the Council and assured them that the open-door policy will continue. If Councilmember White were here tonight, she would be telling you that she will make a commitment to continue monitor this, so again, please feel free to contact her as Chairperson of the Health and Public Safety Committee, also Councilmember Puzzello is the Vice- Chairperson of the Health and Public Safety Committee. Councilmember Varner asked for a point of clarification regarding that the same paperwork for the materials under $100.00 would be used and almost the same as the State with regard to the reporting form. Council Attorney Kathleen Cekanski-Farrand stated that it is very close, what was provided at the last meeting was a copy of both the State Form and then a copy of our form again the thumbprint is different, we do not require the social security number the State does require the social security number. Our form asks for the location of where the ferrous and nonferrous materials came from. 9