An adoption to amend the solid waste ordinance brought about criticism from landlords of apartments during the Monday, April 18, Warsaw Common Council meeting. Landlords present, including their attorney, claimed the ordinance caused some constitutional concerns of equal protection, there was no knowledge of the changes until recently and issues were aired that were not included in the ordinance.

The amended ordinance, as pointed out by Warsaw Mayor Joe Thallemer, upgraded the storage capacity, asked for removal of containers within 24 hours of being emptied and provided containers to residential complexes of four or fewer units.

However, the landlords continued to mention penalties for containers not being remove after 24 hours, and having to raise rent for tenants because they were incapable of understanding the change of using containers instead of dumpsters, thus the need to hire an outside trash removal company.

Among those speaking out in the 90 plus minute discussion were Willard Brandt, Chad Zartman, George Rickman, Chris Volkers, Patti Taylor, Dennis Brown, Bruce Woodard and resident Anne Bonewitz.

It was adamantly stated landlords should be included in discussions and tenants of apartments are being double taxed for trash service: through property tax costs included in rent and increase in rent, estimated at $15 per rental unit, because the landlords are going to have to purchase dumpsters for residential complexes. The council was asked to table the adoption for further discussion.

Other points made were:

• There is no option to opt in or opt out of the program
• Landlords not given a refund if the new containers are not purchased
• Better means of notifying the public is needed
• Individuals were not aware solid waste was referring to trash
• The city needed to look at the net effect of the ordinance on its constituents. “We’re going to have to deliver the bad news to people who vote for you. Our names will be at the bottom of the letter, but the second page will have your names and contact,” said Taylor.

It was reiterated several times the city is not charging for containers, nor is there a penalty mentioned in the ordinance. The administration for the pick up will be worked out as the new procedure is implemented, finding the best solution for citizens. The white-glove treatment for those who have health or physical issues getting containers to the curbs will continue.

Woodard, who initially voiced opposition, stated at the end “truthfully after reading the ordinance there has been a lot of hot air that raised the roof 5-foot higher. It’s been much ado about nothing. I believe that now.” He agreed all the ordinance was doing was changing the definitions, aligning the ordinance with others. “There’s no change in what has been done. But what it has done is banded the landlords together as a community … something not done in the last 30 years.”

An initial motion by Councilman Ron Shewmaker to table the ordinance died. The motion by Councilwoman Diane Quance to adopt the amended ordinance passed by a 4-2 vote. Shewmaker and Mike Klondaris opposed.

The mayor invited the landlords to meet with him to discuss concerns. Regarding informing the public, the mayor stated he was open to suggestions as discussion has been transparent and information publicly available by various means. Several council members stated the topic has been discussed for several months.

During other business an additional appropriation for Husky Trail Grant Reimbursement funds and an amendment to the traffic control ordinance were approved. The amendment to the traffic control ordinance extended the 35-mile-per-hour speed limit on CR 225E between Old Road 30 and Pontiac Drive.