Mayor Questions Councilman Over ‘Selective Enforcement’
Posted
Dan Spalding-dspalding@timesuniononline.com
Hints of selective enforcement led Mayor Joe Thallemer to defend the city Monday night and question a city councilman over the issue.
Councilman Ron Shoemaker used the term “selective enforcement” two weeks ago while discussing the city’s proposed changes to an ordinance that oversees how restaurants handle leftover grease.
Changes to the ordinance would encourage restaurant owners to use either a grease trap or a more expensive interceptor. The proposal was introduced two weeks ago by Utility Manager Brian Davidson, who said the city’s approach continues to be as “open and lenient” as possible.
Shoemaker had pointed to accusations in Elkhart over selective enforcement with regards to how the city enforces its grease ordinance.
At the same time, Shoemaker on Monday said he talked with one restaurant owner in Warsaw who said they were being rushed by the city to install an interceptor. He said an illness had slowed progress for the company, who he did not identify.
Shoemaker said the owner and contractor felt the city was being “aggressive” and was “intimidating” in the way they pressed the issue.
“That’s what I’m worried about,” Shoemaker said.
Thallemer said there might have been a miscommunication problem in that case, adding, “and certainly, we apologize for that.”
Thallemer then took the opportunity to ask about Shoemaker’s earlier comment.
Potentially, Thallemer said, “There can be can be selective enforcement on any ordinance on our books.”
“I don’t know if there is concern that that’s what we’re doing,” Thallemer said.
“I never said that,” Shoemaker responded.
“Well, you brought it up as one of the reasons you thought this was not good because surrounding communities have that problem,” Thallemer said.
“They do,” Shoemaker said.
“But I don’t think we have that problem,” Thallemer said.
“We do have problems with selective enforcement,” Shoemaker countered.
“I don’t believe we do, quite frankly,” Thallemer said.
Davison said they try to be business friendly. “We certainly don’t want to discourage growth and development in the community,” Davison said.
Councilman Jeff Grose said in his nearly 20 years of involvement with city government he can’t recall any complaints involving grease maintenance oversight.
Thallemer said the only complaints he has heard happen when sewer lines are backed up as a result of grease build up.
Shoemaker and other council members expressed concerns two weeks ago about the impact on small businesses and invited business owners to attend Monday’s meeting if they had any concerns.
No such businesses showed up Monday. Two council members said they did not hear feedback from restaurants since the topic surfaced.
Overall, Councilman Mike Klondaris said he thinks the proposal is a good one because it protects city infrastructure.
Council member Cindy Dobbins said businesses want to be helpful, but said she hopes the city takes a lenient approach to businesses when they need to upgrade.
Davison said most restaurants, including some coffee shops, have equipment to collect grease.
“Most had them installed, but many didn’t know how they had it or what to do with it,” Davidson said. “So it’s been as much about education as anything.”
Council voted 5-2 to support the plan. Shoemaker and Dobbins voted against it. A final vote on the matter could happen on May 21.
