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PROCEEDINGS OF THE COMMON COUNCIL OF
THE CITY OF RICHMOND, INDIANA, MONDAY, NOVEMBER 18, 2002
The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m., Monday,
November 18, 2002, in the Council Chambers in said City. President Bruce Wissel presided with the
following Councilmembers present: Howard "Jack" Elstro, Etta J. Lundy, Karl Sharp, Bing Welch, Larry
Parker, Paul Combs, Phil Dickman and Sarah "Sally" Hutton. The following business was conducted:
PLEDGE OF ALLEGIANCE
PRAYER BY COUNCILMEMBER LUNDY
ROLL CALL
Nine present.
APPROVAL OF MINUTES
Minutes of the November 4, 2002 meeting were approved on a motion by Councilmember Welch, second
by Councilmember Parker and the motion was carried on a voice vote
PRESENTATIONS, MEMORIALS, REMONSTRANCES, PETITIONS AND INTRODUCTIONS
MOTIONS OR RESOLUTIONS. (MUST BE IN WRITING)
COMMUNICATION FROM THE MAYOR
Mayor Shelley Miller congratulated Police Chief Greg Pipes on being awarded admission on accreditation
for law enforcement agencies. She added that this was a year -long process. She said the Richmond Police
Department is one of 11 agencies in the state to receive this accreditation.
She announced that the City had received word from the Indiana Department of Commerce that it had been
successful in obtaining the grant for Wernle so the City w ould be assisting them w ith the grant as they
move through the evaluation of their facilities.
Mayor Miller also reminded Council of the Wayne County Visioning process meeting at 7 p.m. Thursday
at the Kuhlman Center.
Councilmember Combs said he had received a number of concerned phone calls about the work being done
on South L Street. The Mayor responded that it has been frustrating for this administration also, and it has
been reassured by the railroad that the work will be completed by next week. Discussion centered around
what recourse the City has if the work is not completed. City Engineer Bob Wiwi said that unless the
weather is really terrible, the work should be done by next week.
Councilmember Elstro asked about the new sweeper acquired by the Recycling Center and asked if it could
be used on South 5tn Street. Wiwi said once all the work is completed on South L Street the City would ask
the Center's owner if he would see that all the areas where his trucks have been would be swept.
Councilmember Hutton said the Street Department did sweep South 5th Street and it was much appreciated
by the neighbors there. She also asked Street Commissioner Gordon Moore when the last leaf pickup
would be. He answered that it would occur, probably, in the first week of December, a little later this year
since the leaves didn't start to fall as quickly as they did last year. Councilmember Elstro asked Moore if he
would notify residents when the last time is that they can expect to have their leaves picked up so they
won't leave them in the street.
REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
President Wissel said the minutes of the meetings of October 10 and 24, 2002 were in their packets.
REPORTS FROM DEPARTMENT HEADS
REPORTS FROM STANDING COMMITTEES
REPORTS FROM SPECIAL COMMITTEES
Councilmember Parker reported on a meeting of the Redevelopment Commission on November 14 during
which three projects were discussed. These included the 20 p ercent match required for the M ain S treet
Bridge and $500,000 was appropriated from the Redevelopment Commission for the match for the City for
the bridge; another project was South West and North West 5th Streets for curbs and sidewalks and there
was $600,000 appropriated; the Tech Center in the uptown requested $600,000 for the completion of its
project and it was also approved.
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Common Council Minutes Cont'd
November 18, 2002
Page 2
REPORTS FROM ORGANIZATIONS
MISCELLANEOUS BUSINESS
President Wissel announced that he had received a letter from the Richmond Police Department regarding
appointments to the Citizens Advisory Committee. He said that two people who are serving on the
Committee, the Rev. Curtis White and Sheila Armstead, whose terms are due to expire, have expressed a
desire to be re -appointed to that committee. He said these appointments are for Council to make and are in
the fields of business and religion and he had asked the City Clerk to send applications to those two and at
the next Council meeting he will ask for nominations from the floor and a vote.
President Wissel also asked government students from Richmond High School to step forward and
introduce themselves.
ORDINANCES ON FIRST REARING
Councihmember Elstro moved to suspend the rules and read Ordinance No. 83, 90, 91, 92, 96 and 97 - 2002
by title only, second by Councilmember Welch and the motion was carried on a voice vote.
ORDINANCE NO. 83 — 2002
The Clerk read Ordinance No. 83 — 2002 — A GENERAL ORDINANCE ADDING CHAPTER 32.80 TO
THE CITY OF RICHOND CODE REGARDING THE CREATION OF A CITY EMPLOYEE
GRIEVANCE COMMISSION
City Attorney Bob Bever asked that this ordinance be held again, explaining that difficulty with getting the
paperwork done is the reason for putting this off one more time. He also said he wished to clarify
something, saying that this ordinance is going to be stricken once the contract is signed.
ORDINANCE NO. 90 — 2002
The Clerk read Ordinance No. 90 — 2002 - AN APPROPRIATION ORDINANCE AMENDING THE 2002
BUDGET
Street Commissioner Gordon Moore said he would like to answer an earlier question asked by
Councilmember Elstro, saying that his department is going to start improvements on South L Street
probably within the next week as far as concrete sidewalks and curbs. However, he said the paving would
not be done until spring because of the weather.
Explaining this ordinance, Moore said it deals with a request to transfer nine line items totaling $73,000
into the Other Equipment category to purchase three pieces of equipment for the department. He also
commented that over $1million has been funded out of his department for infrastructure this year.
Councilmember Welch moved to suspend the rules and advance Ordinance No. 90 — 2002 to second
reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 90 — 2002 on second reading.
President Wissel declared Ordinance No. 90 — 2002 on public hearing. There being no comments either for
or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Lundy
and the motion was carried on a voice vote.
Councilmember Lundy moved to suspend the rules and advance Ordinance No. 90 — 2002 to third and final
reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 90 — 2002 on third reading.
Ordinance No. 90 — 2002 was adopted on a unanimous roll call vote.
ORDINANCE NO. 91— 2002
The Clerk read Ordinance No. 91 — 2002 — AN APPROPRIATION ORDINANCE AUTHORIZING THE
SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE UNITED WAY OF
WHITEWATER VALLEY
Explaining this ordinance was Carol Miller, speaking for the Widowed Persons Service (WPS) program,
who said this is a grant application for $5,000 to assist with operating expenses for 2003, and comes to
Council as it has in the past. She also made a plea to support the United Way of Wayne County.
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Common Council Minutes Cont'd
November 18, 2002
Page 3
Councilmember Etta moved to suspend the rules and advance Ordinance No. 91 — 2002 to second reading
and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote.
The Clerk read Ordinance No. 91 — 2002 on second reading.
President Wissel declared Ordinance No. 91 — 2002 on public hearing. There being no comments either for
or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Welch
and the motion was carried on a voice vote.
Councilmember Welch moved to suspend the rules and advance Ordinance No. 91 — 2002 to third and final
reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 91 — 2002 on third reading.
Ordinance No. 91 — 2002 was adopted on a unanimous roll call vote.
The Clerk read Ordinance No. 92 — 2002 — AN APPROPRIATION ORDINANCE AUTHORIZING THE
SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT. FROM THE PARTNERSHIP
FOR A DRUG FREE WAYNE COUNTY
Miller returned to the microphone explaining that this ordinance deals with a grant application by WPS for
$1,500 to assist with operating expenses for the prescription drug and gambling addiction education
program.
Councilmember Welch moved to suspend the rules and advance Ordinance No. 92 — 2002 to second
reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 92 — 2002 on second reading.
President Wissel declared Ordinance No. 92 — 2002 on public hearing. There being no comments either for
or against the ordinance, Councilmember Lundy moved for engrossment, second by Councilmember
Hutton and the motion was carried on a voice vote.
Councilmember Elstro moved to suspend the rules and advance Ordinance No. 92 — 2002 to third and final
reading and read by title only, second by Councilmember Welch and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 92 — 2002 on third reading.
Ordinance No. 92 — 2002 was adopted on a unanimous roll call vote.
ORDINANCE NO. 95 — 2002
The Clerk read Ordinance No. 95 — 2002 — A SPECIAL ORDINANCE AUTHORIZING THE CITY OF
RICHMOND TO RECEIVE A DONATION
"WHEREAS, the City of Richmond, Indiana, has the option of accepting or rejecting donations for a
specific purpose; and
"WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of such
property for the intended purpose.
"NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the
following donation to the Richmond Police Department be accepted, gratefully acknowledged by the
citizens of Richmond, and appropriated for the use so indicated:
"l. One Thousand Eight Hundred Dollars ($1,800) from Tom Raper, Inc. to assist with expenses
for the Richmond Police Department Swat Team"
Explaining this ordinance was Major Randy Kolentus of the Richmond Police Department who said that
David Bane has offered this donation for the explicit use by the Swat Team
Councilmember Welch moved to suspend the rules and advance Ordinance No. 95 — 2002 to second
reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice
vote.
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Common Council Minutes Cont'd
November 18, 2002
Page 4
The Clerk read Ordinance No. 95 — 2002 on second reading.
President Wissel declared Ordinance No. 95 — 2002 on public hearing. There being no comments either for
or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton
and the motion was carried on a voice vote.
Councilmember Lundy moved to suspend the rules and advance Ordinance No. 95 — 2002 to third and final
reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 95 — 2002 on third reading.
Ordinance No. 95 — 2002 was adopted on a unanimous roll call vote.
ORDINANCE NO. 96 — 2002
The Clerk read Ordinance No. 96 — 2002-- AN APPROPRIATION ORDINANCE AUTHORIZING THE
SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE PARTNERSHIP
FOR A DRUG FREE WAYNE COUNTY
Major Kolentus explained that this ordinance deals with a grant request by several departments within the
Police Department and is being submitted in this one ordinance in the amount of $18,500. It includes
D.A.R.E Summer Camp/Day & Overnight - $5,000; D.A.R.E. Program (K-8 h Grade) - $9,000; Body
Armor for Crisis Negotiation Team - $1,500; and Safety Equipment for the Richmond S.W.A.T. Team -
$3,000.
Councilmember Elstro moved to suspend the rules and advance Ordinance No. 96 — 2002 to second reading
and read by title only, second by Councilmember Welch and the motion was carried on a voice vote.
The Clerk read Ordinance No. 96 — 2002 on second reading.
President Wissel declared Ordinance No. 96 — 2002 on public hearing. There being no comments either for
or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Parker
and the motion was carried on a voice vote.
Councilmember Parker moved to suspend the rules and advance Ordinance No. 96 — 2002 to third and final
reading and read by title only, second by Councilmember Welch and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 96 — 2002 on third reading.
Ordinance No. 96 — 2002 was adopted on a unanimous roll call vote.
ORDINANCE NO. 97 — 2002
The Clerk read Ordinance No. 97 — 2002 — AN APPROPRIATION ORDINANCE AUTHORIZING THE
SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE INDIANA
CRIMINAL JUSTICE INSITUTUTE DUI TASKFORCE PROGRAM
Explaining this ordinance was Lt. Paul Phillips of the Richmond Police Department who said the funds
made available through this grant would be used for overtime to assign officers on the weekends for DUI
enforcement. He said the amount requested is for $26,880 and this is the second year for this request.
Councilmember Welch moved to suspend the rules and advance Ordinance No. 97 — 2002 to second
reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 97 — 2002 on second reading.
President Wissel declared Ordinance No. 97 — 2002 on public hearing. There being no comments either for
or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember
Parker and the motion was carried on a voice vote.
Councilmember Lundy moved to suspend the rules and advance Ordinance No. 97 — 2002 to third and final
reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 97 — 2002 on third reading.
Ordinance No. 97 — 2002 was adopted on a unanimous roll call vote.
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Common Council Minutes Cont'd
November 18, 2002
Page 5
ORDINANCES ON SECOND READING AND ENGROSSMENT
ORDINANCE NO.93 — 2002
The Clerk read Ordinance No. 93 — 2002 — A GENERAL ORDINANCE AMENDING CHAPTER 54 OF
THE CITY CODE REGARDING SEWER USAGE
City Attorney Bever explained that the changes primarily have been made to comply with EPA mandates,
elimination to the redundancy and the addition to some specific definitions. He invited Councilmembers to
ask questions and there were none.
There b eing no further c omments e ither for o r a gainst the o rdinance, C ouncilrnember Elstro moved for
engrossment, second by Councilmember Welch and the motion was carried on a voice vote.
Councilmember Welch moved to suspend the rules and advance Amended Ordinance No. 79 to third
reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice
vote.
The Clerk read Amended Ordinance No. 79 — 2002 on third reading.
Amended Ordinance No. 79 — 2002 was adopted on a unanimous roll call vote.
ORDINANCE NO.94 — 2002
The Clerk read Ordinance No. 94 — 2002 — A GENERAL ORDINANCE RE-ESTABLISHING
RICHMOND CITY COURT
Bever stated that this ordinance has prompted much discussion and many things that he was not aware of
have been pointed out to him. He said that, in looking at the overall picture, he is withdrawing his
recommendation to create a city court and is looking at resolving the problem within his own office. He
added that the chances of collection of those outstanding violations is minimal and the fines would not pay
for the additional cost of the city court. He said he will be looking at a more cost-effective way to take care
of collecting the fines and keeping those tickets from going to the bottom of the pile with no action taken
on them.
He said he felt it was also important to note that within the Sanitation Department this year there were 427
notices of violations given and all but 19 of those were voluntarily taken care of or the fine was paid. He
said his office would be going after those people who have unpaid parking tickets.
President Wissel was not so quick in taking action on this ordinance, stating that it had created some
interest in supporting it and also in opposing it. That is why, he said, he would like to hold off making a
decision until Council's next meeting, because further discussion was needed on the subject.
Speaking against the ordinance was former City Attorney Thomas Milligan who said that he felt very
strongly that it is an unnecessary court to establish. Milligan alluded to a letter he had sent to Mayor Miller
and Councilmembers in which he said that in many of the cases filed this year by the City Attorney the
violations had occurred more than two years ago.
President Wissel said this ordinance would come back to Council at its next meeting.
ORDINANCES ON THIRD READING
UNFINISHED BUSINESS
CALL FOR ADJOURNMENT
There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned
at 8:35 P.M.
ATTEST:
Norma Schroeder, Clerk
Bruce Wissel, President