03-25-02 Council Meeting Minutes

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REGULAR MEETING MARCH 25, 2002 BILL NO. 14 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE ST. JOSEPH COUNTY HEALTH DEPARTMENT WELLHEAD PROTECTION ORDINANCE #103 -98, AS AMENDED Councilmember Coleman made motion to hear the substitute version of this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Ujdak reported that the Health and Public Safety Committee and the Utilities Committee met on this bill, as substituted, and sends it to the Council with a favorable recommendation pending some technical amendments that will be done on the floor this evening. Mr. Gary Gilot, Director, Department of Public Works, 13th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that the Council previously heard from County Health Officer Dr. Carson on the intent of the wellhead protection ordinance to focus resources on public water supplies at well fields. The water comes from ground water from rain and snow melt. He noted that in the City they have delineated the five (5) year time of travel around each of those well fields. At this time they ask to opt into the countywide wellhead protection ordinance so that the Health Officer might assist the City is pro- actively educating and enforcing that law to protect this important resource. Mr. Gilot noted that there are technical corrections that he would like to note at this time. Mr. Gilot advised that: A "clean" copy of the attachment indicating fees and charges has been submitted. — Delete Section II, Paragraph "n" - NON - REVERTING GROUND WATER PROTECTION FUND Replace Section II, Paragraph "n" as follows: COUNTY HEATH FUND All monies collected pursuant to this Ordinance shall be deposited in the County Health Fund. Expenditures for this fund shall be in accordance with all applicable laws. Councilmember Coleman made a motion to accept the amendments as read by Mr. Gilot. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Ujdak seconded the motion. Councilmember Varner indicated that two (2) weeks ago the Council asked for a continuance of this bill in order for the Health Department to provide the Council with additional information. Most important is the reassurance that the Health Department intends to act in a proactive way with regards to the implementation and enforcement of this ordinance. He stated that he does not believe there is any disagreement that protection of the water supply which is essential to the good health of the community is paramount. However, the idea of approaching it and handling it in a manner I"