HomeMy Public PortalAbout09-20-1993 -33
PROCEEDINGS OF THE COMMON COUNCIL OF THE
etrY=OE=RICUMOND IND NA EP-TEMVIBER-2O t993
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,
2 September 20, 1993, in the Council Chambers in said City. President Lundy presided with the following
3 Councilmembers present: Elstro, Brookbank, Donat, McBride, Parker, Allen, Dickman and Hutton. The
4 following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER- COUNCILMEMBER HUTTON
9
10 ROLL CALL
11
12 APPROVAL OF MINUTES OF SEPTEMBER 7.1993
13
14 Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared,second by
15 Councilmember McBride and the motion was carried by a unanimous voice vote.
16
17 COMMUNICATION FROM THE MAYOR
18
19 PRESENTATIONS OF REMONSTRANCES.PETITIONS AND MEMORIALS
20
21 REPORTS FROM CITY DEPARTMENTS
22
23 None presented.
24
25 REPORTS FROM OTHER OFFICES
26
27 None presented.
28
29 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
30
31 A. Minutes of the August 26,September 2 and September 9 meetings were in the packets.
32
33 REPORTS FROM STANDING COMMITTEES
34
35 Councilmember Donat commented on an article given to her by Dr. Carolyn Blakey. She gave copies to her
36 fellow Councilmembers noting that it concerns mandatory spaying and neutering of animals allowed to run.
37 -
38 REPORTS FROM SPECIAL COMMITTEES
39
40 None
41
42 REPORTS FROM OTHER COUNCIL COMMITTEES
43
44 None
45
46 ORDINANCES
47
48 ORDINANCES ON FIRST READING
49
50 Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinances
51 No. 82, 83, 84 and 85 - 1993, second by Councilmember McBride and the motion was carried on a
52 unanimous voice vote.
53
54 ORDINANCE NO.82-1993
55
56 The Deputy Clerk read Ordinance No. 82 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE
57 1993 BUDGET
58
59 City Attorney Thomas Milligan explained that this constitutes an additional appropriation and there's been an
60 advertised public hearing as required by law tonight on this ordinance which represents items of expenditure
61 to be made in this budget year which were not included in the original 1993 budget. City Controller Dennis
62 Grimes further explained that basically there are three items in the general fund building acquisition. The
63 $2.5 million represents the former Wayne Works building purchase. He said due to an oversight on his part
64 the additional appropriations in this particular segment were not advertised. He said this goes back and
65 amends that.
Common Council Minutes Cont'd
September 20, 1993
Page
1 In the street tree management the sum total of the next four lines in Rem B is$4,000. He explainedthat is a
grant through the Indiana Department of Natural Resources. Item C is the public transit fund and through the
recalculation of the projected revenue in the transit fund for fares of $8,500 he was able to leverage an
additional$8,500 from the State for repair of the buses until the new ones arrive:He said there are sufficient
appropriations for supplies for the materials and repair partsbut not for the contractual labor.
•
Councilmember Brookbank moved to suspend the rules and advance Ordinance No.82 - 1993 to second
reading and read by title only, second by Councilmember McBride and the motion was carried on a
• unanimous voice vote.
10
1 ! The Deputy Clerk read Ordinance No.82-1993 on second reading.
1-
1 President Lundy declared Ordinance No. 82 - 1993 on public hearing. There being no comments either for
1, or against, Councilmember McBride moved for engrossment, second by Councilmember Hutton and the
1- motion was carried on a unanimous voice vote.
1:
1 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 82 - 1993-to third and
1: final reading and read by title only, second by Councilmember McBride and the motion was carried on a
1' unanimous voice vote.
20
2 The Deputy Clerk read Ordinance No.82-1993 on third reading.
2-
2 Ordinance No.82- 1993 was adopted on the following call of the roll:
2,
2- Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman,.Hutton and Lundy(9)-
2. Nays:None
2
2: ORDINANCE NO.83-1993
2•
30 The Deputy Clerk read Ordinance-No. 83 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE
3 1993 BUDGET
3
3 Grimes explained that this ordinance is deleting $1,000 from tree farm supplies and adding back temporary
3' help, social security, medicare and computer equipment for $1,000 as the local cash match on the
3 previously mentioned street tree management grant. In answer to Councilmember Parker's question about
3: supplies or seedlings, Grimes said thisgrant does incorporate the same philosophy of managing the street
3 trees that was first established. City Engineer Bob Wiwi said it was initially indicated that supplies were
3: needed, but he said they didn't realize when they applied that they were going to;get the grant so what will
3• have to be done,is to delay these supplies until the next year in order to comply with the restrictions of the
40 grant. He said it is a match for$1,000 to their$4,000. The remainder of the match which is $3,000 will be
4 in-kind services which will include use of the computer and use of personnel on a limited basis mainly in
4• supervising types of situations.Wiwi said the money will be used to go out and inventory the trees in the City
4 which has never been done before in a complete manner.Plans are to hire a couple of college students on a
4' part time basis and they will take the dates and enterr them into the computer.
4'
4: Councilmember Dickman moved to suspend the rules and.advance Ordinance No. 83 - 1993 to second
4 reading and '•read by title only, second by Councilmember Hutton and the motion was carried on a
4: unanimous voice vote.
4°
50 The Deputy Clerk read Ordinance No.83- 1993 on second reading.
5
5. President Lundy declared Ordinance No. 83 - 1993 on public hearing. There being no comments either for
5• or against Ordinance No. 83 - 1993 Councilmember.Dickman moved for .engrossment, second by
5• Councilmember Hutton and the motion was carried on a unanimous voice vote.
5• •
5° Councilmember Dickman moved to suspend the rules and advance Ordinance No. 83 - 1993 on third and
5 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
5: unanimous voice vote. ,
5° -
6o The Deputy Clerk read.Ordinance No. 83-1993 on third reading. .
6
6 Ordinance No.83-1993 was adopted on the following call of the roll:
6•
6, Ayes:Elstrb,-Drooktiank, Donat, McBride, Parker,Allen, Dickman,Hutton and Lundy(9)
6. Nays:None •
.,. - 333
Common Council Minutes Cont'd
September 20. 1993
Page3 -, '
1
2 ORDINANCE NO.84-1993
3
4 The Deputy Clerk read Ordinance No. 84 - 1993 A SPECIAL ORDINANCE DONATING DOG AND CAT
5 TAG FEES TO HELP THE ANIMALS, INC.
6
7 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 84 - 1993 on second
8 reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous
9 voice vote.
10
11 The Deputy Clerk read Ordinance No.84- 1993 on second reading.
12
13 President Lundy declared Ordinance No. 84 - 1993. on public hearing. Local veterinarian Carolyn Blakey,
14 President of Help the Animals, Inc. , stated she wanted to go on record as being in favor of the ordinance.
15 There being no additional comments in favor and none against, Councilmember McBride moved for
16 engrossment,second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
17
18 Councilmember Brookbank moved to suspend the rules and advance Ordinance.No. 84- 1993 to third and
19 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
20 unanimous voice vote.
21
22 The Deputy Clerk read Ordinance No.84-1993 on third reading.
23
24 Councilmember Dickman commented that at a time when the City is in such need of funds and cuts are
25 being made,he not only takes into consideration the fact of the cost which is the money the City expensed to
26 sell the tags but to purchase them. He said this is actually subsidation and he could not support the
27 ordinance. Councilmember Allen explained her rationale behind this ordinance was that the shelter had been
28 operating on the 1992 contract all year.
29
30 Ayes:Brookbank, Donat,McBride, Parker,Allen,Hutton and Lundy(7)
31 Nays:Elstro and Dickman(2)
32
33 ORDINANCE NO.85-1993
34
35 The Deputy Clerk read Ordinance No.85-1993-A SPECIAL ORDINANCE AMENDING THE ZONING MAP
36 AT 4309 WEST NATIONAL ROAD
37
38 Milligan explained that the ordinance proposes to change an R-2 one-family district to a C-2 commercial
39 district to accommodate the use as a retail gun and sport shop. He said the property is owned by Gene and
40 Martha Kay Spencer. He said it would be appropriate to refer this to the Planning Commission.
41
42 ORDINANCES ON SECOND READING
43
44 ORDINANCE NO.49-1993
45
46 The Deputy Clerk read Ordinance No.49-1993-A GENERAL ORDINANCE AMENDING AND RESTATING
47 CHAPTER 97 OF THE RICHMOND CODE WHICH CREATED THE STREET TREE COMMISSION
48
49 President Lundy said there are still some revisions to be made so it would be held.
50
51 ORDINANCE NO.50-1993
52
53 The Deputy Clerk read Ordinance No.50-1993-A GENERAL ORDINANCE REGARDING GARBAGE AND
54 RUBBISH, BEING CHAPTER 93 OF THE RICHMOND CODE
55
56 President Lundy said Council had had this ordinance for several weeks and has made amendments and all
57 the changes had been highlighted.She declared the ordinance on public hearing.
58
59 Ralph Willis, manager of the Sanitary District,told Councilmember Elstro that enforcement would be done by
60 an inspector-investigator looking at facts. He said he would lean on the Department of Law to help bring
61 people to court to recover money. He said part of it will be done administratively, by getting people to write
62 agreements that can be lived with and hopefully negate some of the problems by not having things spelled
63 out clearly in an ordinance. Councilmember Brookbank said she is hopeful what the information will be
64 adequate for the homeowners. Willis said this is pretty detailed and called it a dynamic sort of thing, noting
65 that he attempted to work on something like this three or four years ago when the City got its first permit for
the landfill.
33
Common Council Minutes Cont'd • • . - • - .
September 20, 1993 ' - -
Page-4 .
1 He said the state and federal government always comes forth with a new regulation but not always giving •
- much time to get the public aware of the changes that-need to be made. He said:the City needs to try to
keep tip with some of the regulations, particularly in solid waste and environmental problems.
Councilmember Parker asked if people on the trucks would be able to write tickets.Willis answered that they
- would nit,explaining that they are out there to earn the respect of the custorrier'and earn their living through •
• customer oriented service not being a gestapo type of policeman.
He said a person has been hired to look at the situation at the landfill and if it is dicovered that someone is
• being abusive and bringing in things that they shouldn't be bringing in;that person will find out where it came
11 from, notify the people and give them an opportunity to get it cleaned up before it goes into litigation. He said
1 he felt that is a decent way to handle it because very often people do things unintentionally. Councilmember
1- Parker said Willis's employees were really going to have to be educated to.understand what to do and what
1 not to do. He cited the six bags of trash limit He said he had,had two or three complaints from people who
1 had put out seven bags of trash and a note had been left that they won't pick up seven bags and they left all
1' seven there. -
1:
1 Willis said that is one reason he has a big problem with putting a gun or badge on that same individual. He
1: said his department really does want to drive a quality process and his people want to make an image of
1' themselves as customer oriented people and he thinks that is happening,but very slowly.
2« .
2- In answer to Councilmember Parker's question, Willis said Jan Luckett is working on a publication with an
2. illustrated format with all sorts of things to give people messages. He said you tell people not to do
2 something and then continue to pick it up, that sends the message that it's alright and he said his people
2- have been guilty of that sometimes But, he said; progress is being made. He said people are going to be
2 given a warning and his people will come back and do a little less each time and hopefully by June of 1994
2: they can comply with the state law. He added that-whether any of us like-that law or not, the state has
2 prohibited yard waste from goinginto the landfill.He said he spent two hours this morning talking to a man to
2: find some approach or alternative to put that waste somewhere else.
2'
3« Willis said this ordinance is telling people that yard waste should alternately be prohibited: Councilmember
3 McBride said it wont dissipate. Willis said the number of calls,have doubled this"summer asking for special
3: services,telling residents that if they call his department it will be picked up if they set it out He said he has
3 divided the City in four different parts,taking care of 200 of those calls per week. He said if the item is bigger
3- than a half-ton pickup truck his department will send a great big orange container which is like a 10 or 15
3 cubic yard dump truck and that has been very popular. He said they had purchased an additional eight
3; containers with the covering over the top so,the material will not blow away. He added that you can't make
3 waste go away but you can treat it differently and with some cooperation from the community this City may
3: achieve something bther communities have been unableto do.
3° .
4° Councilmember Dickman noted that those special arrangements for pickup do not apply to grass clippings.
4 Willis said recycling is still available and the items can be taken to a container at the landfill where they will
4 be transported:to en acreage and it will be:stockpiled into a mulch. Councilmember McBride said the
4 ordinance is fulfilling the state.requirements.Willis said he has seen many changes in the past three to four
years and some don't-make sense. For example, you can do one thing as a homeowner but it is entirely
forbidden by a business:
4° -
4 Councilmember Parker said Attorney Kent Klinge had been asked to write a.letter to the state legislators,
4: adding that some laws are ridiculous and people should let officials know about it and if they don't, that
4° means they accept them:Willis said he would go on record and say most ofthethings he sees coming down
5u now have nothing to do with public health crisis and hazard. It is simply.overkill;. he said, and driven by
5 hysteria. Councilmember Elstro-commended City Engineer Bob Wiwi for the good job of explaining he did at
5 Council's-last meeting and President Lundy pointed out that everything is highlighted.
5. -
5• Hearing no iurther.comments for and none against, Councilmember McBride moved for engrossment,
5 second by Councilmember Brookbank and the motion was carried on-a unanimous voice vote..- •
5° , .
5 Councilmember :Brookbank moved'-to amend Ordinance No.. 50 - 1993 as prepared, second by
5: Councilmember Allen and�the motion was carried on a.unanimous;voice vote.;_ :- `
5°
6° Councilmember Brookbank moved for engrossment, second by.Councilmember-Elstro and the-motion was
6 carried on a unanimous voice vote.' ... - .
6 • .
6 Councilmember.Brookbank.moved to suspend the rules and-advance Ordinance No. 50 - 1993 to third and
6• final reading and read-by title only, second by Councilmember McBride and the:motion was carried-on a
6• unanimous voice vote. •. .. . . - . -
•
V
- ?f VJ
Common Council Minutes Cont'd
September 20. 1993
Page b •
1
2 The Deputy Clerk read Ordinance No.50-1993 on third reading.
3
4 Ordinance No.50-1993 was adopted on the following call of the roll:
5
6 Ayes:Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
7 Nays:None
8
9 ORDINANCE NO.55-1993
10
11 The Deputy Clerk read Ordinance No. 55 - 1993 - AN APPROPRIATION ORDINANCE FIXING THE
12 ANNUAL COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 1994
13
14 Councilmember Elstro said the only difference in the ordinance Council got last week and the one this week
15 is the Clerk's salary. Councilmember Donat moved that the ordinance be amended to reflect no additional
16 raises for any elected officials and that salaries remain the same as last year with a second by
17 Councilmember Elstro.
18
19 Councilmember Brookbank commented on the comparison of salaries in other cities, noting that the
20 Anderson Mayor is making $57,974. She said salary of the present position of Mayor in Richmond has not
21 been raised for a number of years. She said she feels the City needs to keep up with comparison to other
22 cities and added that she is hopeful that Council will consider a five percent increase for the Mayor and the
23 Councilmembers.She said the City Clerk has requested no increase and she feels Council should honor that
24 request.She added that in coming years the City will need to attract good candidates for office.
25
26 Councilmember Donat said when she ran for office she did not know what the salary was, but found out
27 before the primary election, and that hadn't been a concern. She said she felt they all knew what the
28 compensation was and if they didn't it was obviously not a concern. She said her motion that no elected
29 officials receive a pay raise stood. Councilmember Allen pointed out that Roger Cornett does not need a
30 raise, but she said there is a need to fund the position of Mayor because as long as no raise is given it is
31 going to be far behind others in that position in other cities. She said she feels the position needs to be
32 funded, adding that five percent is justified. She added that it should have been the duty of the Council prior
33 to this Council taking office, to give raise, which is quite the normal thing to do. However, they couldn't,
34 because no City employees got raises. She said now is the time, because there is a lot of dedication and a
35 lot of hours given. Councilmember Dickman agreed, saying that it is the position that is funded not the
36 personality. He added that Council is not going to punish Roger Cornett by not giving him a raise because he
37 said he doesn't need it. He said the City has to keep up with the pace, noting that there have been no raises
38 given to anybody for the past two years. He asked if the Mayor's salary isn't funded this year then when will
39 it be.
40
41 Councilmember Donat asked Councilmember Dickman if he was questioning her motives. He answered that
42 he was merely asking when the Mayor's salary would be funded or was she suggesting it never be.
43 increased. Councilmember Donat said he mentioned something about punishing someone, noting that she
44 believed that might be something in his mind because it certainly was never something in hers. She said her
45 motion is for across the board, including her own salary, adding that this motion does not reflect any personal
46 punishment. That prompted Councilmember Dickman to ask why not delete the Council from a raise and
47 fund the Mayor's position. Councilmember Donat said it was his prerogative to make that motion after the
48 vote on this motion.
49
50 President Lundy said the motion was on the floor and had been seconded, to delete all raises for elected
51 officials for 1994.
52
53 The motion was defeated on the following call of the roll:
54
55 Ayes:Elstro, Donat and Hutton(3)
56 Nays:Brookbank, McBride, Parker,Allen,Dickman and Lundy(6)
57
58 Councilmember Brookbank moved to give both the Mayor and Council a five percent raise starting in 1994.
59 Milligansaid there would have to be an amendment because the first draft had stated the salaries on an
60 annual basis and the second reading amendment leaves the Clerk's salary at the 1993 level but states it in
61 bi-weekly terms. He said these are the two original amendments.
62
63 Councilmember Brookbank moved to give the five percent annual compensation and incorporate the second
64 reading amendment,second by Councilmember Parker and the motion was carried on a six to three vote.
65
3-6 •
•
Common Council Minutes Cont'd -
September 20, 1993_ • _• •
•
Page 6 •
1 Ayes:Brookbank, McBride, Parker,Allen,Dickman and Lundy(6) -
- • Nays:Elstro, Donat and Hutton(3) -
•
Councilmember McBride moved for engrossment, second by Councilmember Brookbank And-the motion •
- was carried on a unanimous voice vote.
Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 55_ 1993 to third and
final reading and read by title only, second by Councilmember McBride and the motion was carried on a
• unanimous voice vote.
1.
11 The Deputy Clerk read Ordinance No.55-1.993 on third reading.
1-
1 Ordinance No.55-1993 was adopted on the following call of the roll:
1-
1- Ayes:Brookbank, McBride, Parker,Allen, Dickman and Lund y(6)
1: Nays:Elstro, Donat and Hutton (3)
1
1: ORDINANCE NO.64-1993
1•
2• The Deputy Clerk read Ordinance No. 64- 1993-AN APPROPRIATION ORDINANCE TO BE KNOWN AS
2 THE 1994 SALARY ORDINANCE
2- .
2 . President Lundy read a statement directed toward her fellowmembers of the Council:
2,
2- "Since our meeting on September 7 I have thought a great deal about,the financial challenge that's facing
2: the City and the Mayor's request for additional $3-plus million contribution from Richmond Power& Light. I
2 acknowledge the importance of the items included in the Mayor's budget but I'm not prepared to support this
2: request. My lack of support is based on my sincere belief that RP&L is facing too many uncertainties for us
2' to spend out to that level that such a large contribution-would make. I am concerned about three things,one,
3; the unknown impact of the Justice Department lawsuit; two, the need to replace the underground cables
3 downtown; and three, the long term impact on the ratepayers. IN reviewing the proposed:RP & L dividend
3• calculations for the past 13 years I've found that the contrbutions to the city of Richmond was$2,066,677 in
3 1988.That is the highest from 1990 to the present. Therefore, I recommend we fund the City at this level in
3, 1994 in lieu of taxes.This wouldrepresent a$426,677 increase over the current contribution.This would be
3• a one time contribution and I. would encourage us to agree upon the formula to determine a future
3: contribution levels. Now,given the fact that we must approve the budget by the end of this month and that
3 we do not have the time to decide on a formula now, I believe that this is the right thing to do. With regards
3 to the salaries, I would encourage the Mayor to explore other options for future equity adjustments. I have
3 discussed two such options-with him. But for 1994 I would support a five percent across the board increase.
4 Finally,the task of balancing the budget. The Mayor was given the opportunity to balance the budget based
4 upon his views of the City's priorities.The Mayor has given Council his operation budget revision list. I thank
4 the Mayor for,understanding the need-for compromise. I have reviewed it and can support it.Years ago, I
heard a minister speak, and his topic was It's a dirty job but somebody's got to do it. That message had a
- - profound impact on.my life then and even moreso tonight."
4'
4: Councilmember Brookbank moved to ;increase the dividend from RP & L.by $426,677, second by
4 Councilmember McBride and the motion was carried on a roll call vote of six to three.
4: .
4• Ayes:Brookbank, McBride,Allen, Dickman and Lundy(5)
5; Nays:Elstro, Donat, Parker and.Hutton (4)
5
5- Councilmember•Elstro said Lundy mentioned 1988 for one year and he realized that she wasn't on Council
5 then but he said the interest rates were quite high and the City received more money from the interest in that
5- one particular,year if'he remembers correctly than was received from manufacturing electricity- At the
5 present, he said,the interest rate is down low and he said he thinks in checking the records over the past
5: three years they would show how it has fallen. President Lundy respoonded that she is aware of the low
5 interest rates but the-reason she chose that figure is that it was done and the utility is making more money
5: now even though,the interest rate is down. She added that she though that was a fair figure and it is not
5• setting aprecendent. • • _ -
6; : • ' .
6 Councilmember Dickman:.said the revenues are $8 million higher now than they were in 1988. President
6• Lundy noted that she has RP-&'Us interest at-heart, adding that sometimes you have to do what you have to
6 do and sometimes you have to make a compromise to do the thing that's right,:realizing, of course,that you
6• don't want do do:it.•S he said everybody has had to do thinkgs that they really didn't have the a heart to do but
6 did,it because they thought it was best: She said that is why she is doing this, adding that she.has no
problems with•it whatsoever. "
i
3 7 .
Common Council Minutes Cont'd
September 20, 1993
Page 7
1 Councilmember Brookbank moved to give the city employees a five percent across the board raise, all the
2 way across the board with a second by Councilmember McBride.
3
4 Councilmember Elstro comented that he had received four copies of Ordinance No. 64,calling it total chaos,
5 asking how they should know which is right. Milligan said the draft is correct. When Councilmember Elstro
6 questioned it again, Milligan said every department head has worked in preparation of this budget. It is the
7 one ordinance that affects every City employee outside the bargaining units and as a result of that there
8 have been changes as various Councilmembers have met with the Mayor. Councilmember Elstro said he
9 would like to see the City Controller give last year's wages and give what they will be this year. Grimes said
10 he could rest assured they are all five percent.
11
12 Councilmember Allen said she had gone through them all and revised it to five percent. She gave as an
13 example the City Controller's salary. Councilmember Elstro called it poor management, stating that it was a
14 waste of paper. Milligan stated that the copy of the ordinance before Councilmembers is the second reading
15 amendment prepared this afternoon reflecting the adjustments across the board of every single position of
16 five percent. He added that this is the latest and most accurate copy of the ordinance. President Lundy said if
17 the ordinance was passed and there was an error it would have to be corrected and Milligan said that was
18 true.
19
20 Councilmember Dickman moved for engrossment, second by Councilmember Hutton and the motion was
21 carried on a unanimous voice vote.
22
23 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 64- 1993 to third and
24 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
25 unanimous voice vote.
26
27 The Deputy Clerk read Ordinance No.64-1993 on third reading.
28
29 Ordinance No.64- 1993 was adopted on the following call of the roll:
30
31 Ayes:Elstro, Brookbank, Donat,McBride, Parker,Allen, Dickman, Hutton and Lundy (9)
32 Nays: None
33
34 President Lundy announced that before going to Ordinance No. 65-1993 a letter from Mayor Roger Cornett
35 be read. (Letter in its entirety is in the City Clerk's files.)
36
37 President Lundy noted that with the Mayor's proposed cuts, the budget would still be out of balance
38 $272,993, which is a reasonable amount to carry forward to the State Tax Board hearing.
39
40 Councilmember Allen moved use the cuts the Mayor has presented to the budget, second by
41 Councilmember Dickman but Elstro wanted to go line for line all the way through the budget.
42
43 The Operating Budget Revisions in its entirety is in the City Clerk's files.
44
45 Councilmember Allen read reductions in salaries in all departments due to the five percent across the board
46 salary increase.
47
48 Councilmember Donat said she was concerned about deletions the mayor has suggested and suggested
49 they go through line item by line item and those who wish to follow the Mayor's wishes may make that
50 amendment.
51
52 Milligan said it is a part of the overall budget and they have to make sure to get all the reductions set forth in
53 the Mayor's cuts. He asked Councilmember Allen to read the ones in the off-street parking, adding that
54 Councilmember Donat could then make a motion to amend her motion, but that would place the motion of
55 the Mayor's cuts before Council as the first question.
56
57 Allen finished reading off-street parking cuts. (These are also on file in the City Clerk's office.)
58
59 Councilmember Donat asked Milligan if Councilmember Allen's motion was to accept all the Mayor's cuts as
60 a blanket cut across the board. Milligan said it incorporates every item she mentioned. Councilmember
61 Donat asked if she had a concern about particular things should she speak up. Milligan said the way to
62 amend is to offer an amendment to Councilmember Allen's motion. He said Council would work down
63 through as many amendments as people propose. He said the Mayor's amendments are before Council and
64 what will finally come up will be a motion as amended to vote on. He said if Council votes on Councilmember
65 Allen's motion now it would adopt the budget with the cuts proposed by the Mayor and if anyone disagrees
with any of the cuts they should make a motion to amend the motion before the house at this time
•
3 3
Common Council Minutes Cont'd -
, September 20, 1993 . ' . - • : •
Page 8 • . .
- -
1 • -Councilmember Donat said she -had several amendments. She •addressed 3985,. saying that it was
'suggested to some'Councilmembers before•the last meeting that all of the Economic Development be cut
•• and Councilmember Hutton-had made'a motion to cut a portion and it was passed. She said the Mayor • •
' wanted it all cut at that time and suggested to cut it totally.She moved that Economic Development-and Birth
to Five stand as it is at $237,750:Milligan said Councilmember Hutton motion at the last meeting was to
reduce the$237,750 by$93,750.Councilmember Donat said Councilmember Allen's motion is to cut the rest
of that but she proposed to leave it alone. Milligan asked if it was Councilmember Donat's intent to restore
the amount to $143,750. Councilmember Donat answered in the affirmative, with a second by
• Councilmember Hutton. President Lundy said there was a motion on the floor and a second. It was adopted
1' on a unanimous roll call vote.
11
1• Stating that she feels that law enforcement is important to the quality of life and the City, Councilmember
1 Donat said she strongly opposed to cuts the Mayor has proposed for 1196 in the police budget.
1, Councilmember Hutton suggested that those who hadcuts should give them. President Lundy said she had
1' some suggestions,too.Grimes said the police department is budgeting for long distance charges next year.
1: He said it will be a call accounting system and is allowing a proper distribution of long distance charges. He
1 said the$32,000 his budget represents the prospective list payments for a city wide telephone system rather
1: and an outright purchase which he said this amount would be expended for five years. He added that he is
1 still in the process of speculating the system. He said the $10,000-is for the telephone consultant who will
2' inventory the system,
2 - '
2 Councilmember Donat moved to cut$8,000 from'4437,the telephone system operations in-finance, second
2 by Councilmember Elstro.The motion failed on a five to four roll call vote:
2• •
2' Ayes:Elstro, Donat, Parker and Hutton.(4) -
2: Nays:Brookbank, McBride,Allen,Dickman and Lundy(5)
2
2: Councilmember Donat proceeded on to page 10, line item 3170, making"a motion to cut$10,000,second by
2° Councilmember Elstro and it was carried with a roll call vote of five to four.
30
3 Ayes:Elstro, Donat, Parker, Hutton and Lundy(5)
3 Nays:Brookbank,McBride,Allen and Dickman (4)
3
3; Moving on to line item 3150, Councilmember moved to make a $10,000 cut, second.by Councilmember
3 Elstro and the motion was defeated with a roll call vote of five to four. -
3: ,
3 Nays:Brookbank, McBride,Allen, Dickman and Lundy.(5) -
3 Ayes:Elstro, Donat,-Parker and Hutton(4), -
3
4 Addressing line:item 3990, Councilmember Parker moved to add $10,000 to Councils budget in case it is
4 needed:for consultants,'parking problems, or surveys, second by Elstro and the motion was carried on an
4 eight to one vote with Councilmember Brookbank voting against.
Councilmember.Donat-moved to cut$50,000 from line item 3120'in the Department of Law, leaving a total of
$70,000 for legal services,'second by Councilmember Elstro and the motion.was defeated on a 6 to 3 roll
4 call vote. , •
4
4 Ayes:Elstro,.Donat'and Hutton(3)
- - - -
4 Nays:Brookbank, McBride, Parker,Allen, Dickman and Lundy(6) • -
5
5 Addressing line item. 3121 which was litigation, Councilmember Donat moved to cut that in. half, leaving
5 $20,000,second by Councilmember and.adopted on a six to three roll call.vote.
5 •
5, Ayes:Elstro,-Donat,Parker,Allen, Hutton and Lundy(6) .
5 Nays:Brookbank, McBride and Dickman(3) - - -
5,
5 Councilmember Donat moved onto pa9e 15, line item 4490 and moved to cut all of-it,$6,600,designated for
5: other equipment..Councllmember Brookbank asked for an explanation of the line item and Grimes answered
5' it was for radios for the:inspectors. Milligan noted that it is necessary to have decent radio equipment in the
6° field.The motion was seconded by Councilmember Elstro and failed on a three to six roll call vote.
6-
6 - . :
6• Ayes:Elstro,Donat,:Hutton (3) - -
6 Nays:Brookbank, McBrider,Parker,Allen, Dickman and Lundy(6) -
6
Common Council Minutes Cont'd
September 20, 1993
Page 9
•
•
1 Councilmember Elstro moved to cut$2,000 from the $10,000 in line item 3990 which is used, Milligan said,
2 to pay for the electric and heating,depositions and lien searches, second by Councilmember Parker and the
3 motion was defeated on a 5 to 4 roll call vote.
4
5 Ayes:Elstro,Donat, Parker, Hutton (4)
6 Nays:Brookbank, McBride,Allen, Dickman and Lundy(5)
7
8 Councilmember Hutton moved on to page 16, noting that this had been discussed in the Committee of the
9 Whole meeting. She moved to cut$49,000 out of line item 3401 under insurance,citing the new lower rates,
10 second by Councilmember Parker and the motion was carried on a unanimous voice vote.
11
12 Moving on to the Board of Works.budget, stopping at line item 3990 under contractual services,
13 Councilmember Hutton moved to cut that amount in half, leaving $100,000. Grimes said he had made an
14 arbitrary statement in a Council budget committee meeting that this could possibly be an area that could be
15 cut, however, since then, priorities have been established as far as cuts are concerned and he can no longer
16 recommend that this cut take place. Councilmember Elstro seconded the motion and it was defeated on a 5
17 to 5 vote. .
18
19 Ayes:Elstro, Donat, Parker, Hutton(4)
20 Nays:Brookbank, McBride,Allen, Dickman and Lundy(5)
21
22 Addressing line item 3512, Councilmember Parker noted that in a Committee of the Whole discussion about
23 the street lights, it had been determined $20,000 could be cut, he so moved and it was seconded by
24 Councilmember Hutton. Councilmember Dickman asked Grimes if he would still be able to pay the street
25 light bill. Grimes said he anticipated that the entire amount of $696,000 would be used in 1993.
26 Councilmember McBride asked if there is any additional building in the city limits which will require more for
27 street lights, noting that it would be embarrassing not to have the funds to provide street lights, adding that if
28 the money is not used it will stay in the general fund.Grimes said the.$706,500 is what is proposed for 1994
29 and strictly an estimate. Councilmember Hutton seconded the motion and it was carried on a 5 to 4 roll call
30 vote.
31
32 Ayes:Elstro, Donat, Parker,Dickman, Hutton(5)
33 Nays:Brookbank, McBride,Allen and Lundy(4)
34
35 Councilmember Parker moved on to line item 3920 which he said had also been discussed in the Committee
36 of the Whole meeting and determined to be overfunded by $14,000. He moved that be cut, second by
37 Councilmember Elstro and defeated on a 5 to 4 roll call vote.
38
39- Ayes: Elstro,Donat, Parker, Hutton(4)
40 Nays:Brookbank, McBride,Allen, Dickman and Lundy(5)
41
42 Moving on to the Department of Administration, Councilmember Donat addressed line item 3151 designated
43 for special consultant and moved to delete the $15,000, second by Councilmember Elstro and the motion
44 was defeated on a 5 to 4 roll call vote.
45
46 Ayes:Elstro, Donat, Pakrer, Hutton(4)
47 Nays:Brookbank, McBride,Allen, Dickman and Lundy(5)
48
49 CouncilmemberParker asked about temporary help in line item 1197 and Grimes explained it is used for
50 coverage during vacations within the department. Councilmember Parker moved to cut $5,000, second by
51 Councilmember Elstro. Councilmember Brookbank asked for an explanation of the item and Grimes
52 answered that that figure did not involve any overtime work. Councilmember McBride commented that some
53 of his fellow Councilmembers were nit picking, handicapping a department head in doing a job that he is
54 hired to do.
55
56 Roll call:Ayes: Elstro, Donat, Parker,Hutton (4)
57 Nays:Brookbank, McBride,Allen, Dickman and Lundy(5)
58
59 Councilmember Elstro asked for an explanation of line item 1233. Grimes said the $40,000 was previously
60 reduced to $35,000 in previous amendments. He added that historically for the last three years that figure
61 has been short$80,000 in terms of actual payments of medical claims and the problem had been addressed
62 by raising the premiums for the City's share as well as the employee share of the medical premium which
63 should take care of half of that. Also, he said, the $35,000 allows for fluctuations within the departments.
64 Councilmember Elstro asked about line item 3402. Grimes said that is stop loss insurance and is real close
65 to where it will end up this year.
34 0
•
Common Council Minutes Cont'd '
•
September 20, 1993 • -
Page.10 • .
•
1 • Moving on to page.25, Councilmember Donat moved to delete the entire amount of,$1,000 for contractual
- • .services from line item 3990 in the Board of Public Works,•second by Councilmember.Elstro:and the motion .
was defeated on a 7to.2 roll call vote. - •
-
- •. -Ayes:Elstro, Donat•(2) `- - - • .
Nays:Brookbank,McBride,Parker,Allen, Dickman, Hutton and Lundy(7) '
Councilmember Donat questioned the$34,000 for regular salaries in line item 1196 of the police department
• budget. Grimes explained the salaries were for crossing guards and had been simplyy moved to line item
1 i 1198 which is part time help.
11
1- Councilmember Donat commented that the Mayor chose to delete$48,250 from line item 4490 in the Police
1 Department budget. Police Chief Dennis Rice said line item 4490 included light-bars for the new police
1, cruisers, a new copier, camcorders and a new computer. Councilmember Donat asked Chief Rice how he
1- felt about having that cut to only$7,750. He answered that he wouldn't be able to buy the equipment.
1:
1 Milligan said the reason that was cut by.the Mayor was not because Chief Rice and his officers don't need it.
1: He said it was cut because it was an additional piece of equipment, adding that virtually all the capital
1• equipment and new equipment has been cut by the Mayor. He added that it is=necessary-to maintain some
2' consistency across all eight departments and if Council starts nit picking and gives the police a very high
2 profile item and doesn't give someone in public works an automobile that theyneed in order to get to and
2- from work, then it will create some difficult situations. Addressing the police budget, he said the Mayor did
2 maintain the program of acquiring more cruisers which are in worse shape than the situation in regard to a
2, very nice and new piece of lab equipment. He said this is the approach of the Mayor inorder to come close
2- to balancing this budget, adding that these cuts are not for individual reasons, but anything of a new
2• equipment variety is out of this budget and is simply being delayed until Council and the Mayor can develop
2 a budget approach which will allow for the purchase of it.
2:
2• Chief Rice said at the Committee of the Whole meeting he had advised Council that his department had
3o applied for a grant to the Indiana Criminal Justice Institute, adding that the grant is for$48,000 and would
3 expland the mug shot data base. He added that if they get the grant, it will be a 75-25 match and his
3 department would not need all those funds. Councilmember Donat asked if he agreed.with the cuts and
3 Chief Rice answered that he thinks his is in good shape but if it is not he will ask again next year,adding that
111
3' he always wants new equipment. Councilmember Donat moved to reinstate the$32,747 for lab equipment
3 in line item.4450, noting that after she heard Chief Rice's explanation about what it would do she felt it was
3• necessary. Councilmember Hutton asked how much had been added and subtracted during.the time they
3 had been working on the line items. Grimes said $64,100 had been added so far.The motion was seconded
3: by Councilmember Elstro and was defeated on a 7-2 voice vote.
3° - -
4a Councilmember Donat•moved'on to line item 4430 on page 34 to .the computer systems for the fire
4 department and moved to delete the entire $12,000, second by Councilmember.Elstro and the motion was
4 passed on an 8-1 voice vote.
4, - .
Moving on to.line item'3990.in,the Planning Department, under other contractual services, Councilmember
4 Donat moved to delete $12,500 from the $22,500 leaving $10,000, second by Councilmember Elstro.
4° Milligan said that money is earmarked to be-used for appraisals and consultants involving rezoning and
4 annexation. He noted that a large number of people are volunteering in.theGreater Richmond Progress
4: Committee and they.need to be'provided with adequate consultants to help them out The motion was
4° defeated on a voice vote.
5v
5 Councilmember Donat:moved-to the Mayor's budget, commenting that-the City is consultant poor and
5 moving that the entire$25,000 be cut from line item 3190 which is listed:as redevelopment special serices.
5 She said she understood that is to be used for a consultant for the.design.center. Grimes said it is for the
5, GRPC and for consultants through the design center, the same needs as in the line item just addressed in
5• the Planning:Department Councilmember-Donat said since-it was left in there, her motion still stands.
5• Milligan said it was ill advised because redevelopment is a separate function and needs its consultants as
5' well. He added, that you can't move ahead with redevelopment projects without hiring the necessary
5: expertise. He said the only alternative to consultants is to hire full time people.and the City does not have the
5• resources to do that and doesn't have the load of work to.justify that He said government at all levels has
64 utilized consultants from time to time.in order to get qualifed people for less than;full time wages. He added
6 that this is a dynamic process and the Mayor has been working on this budget since July and his-position is
6 that the$25,000 is needed in the redevelopment activities.Councilmember Donat said her motion still stood,
6 second by Councilmember-Elstro.The motion was defeated on the following roll call vote: ,
6
6 Ayes:Elstro,-Donate and Hutton(3) . ,
Nays:.Brookbank, McBride, Parker,:Allen,.Dickman and Lundy(6) • . - - -
� J
Common Counci 1 Agenda Cont'd
September 20, 1993
Page 11
•
•
.1 President Lundy questioned the Deputy Clerk Myra Miller about the dismissal of the two parking attendants
.2 at the City's lot south of Elder Beerman and Miller responded that it was a personnel problem and there was
3 no change in money paid out or hours worked.
4
5 Councilmember McBride moved to approve the budget as amended, second by Brookbank, and Milligan
6 pointed out that Council would be voting on Councilmember Allen's original motion for amending the budget
7 as originally submitted. Grimes said the final figures showed that through the amendments Council had
8 added $52,150 and as the budget stands now, it is $304,282 over the amount that has been funded.
9 McBride's motion passed on a unanimous voice vote.
10
11 Councilmember Dickman moved for engrossment, second by Councilmember McBride and the motion was
12 carried on a unanimous voice vote.
13
14 Councilmember Brookbank moved to advance Ordinance No. 65 - 1993 to third and final reading and read
15 by title only,second by Councilmember McBride'and the motion was carried on a unanimous voice vote.
16
17 The Deputy Clerk read Ordinance No. 65 - 1993 -AN APPROPRIATION ORDINANCE TO BE KNOWN AS
18 THE 1994 BUDGET
19
20 Ordinance No.65-1993 was adopted on the following call of the roll:
21
22 Ayes:Brookbank, McBride, Parker,Allen,Dickman, Hutton and Lundy(7)
23 Nays:Elstro and Donat(2)
24
25 ORDINANCE NO.66-1993
26
27 The Deputy Clerk read Ordinance No. 66- 1993-AN APPROPRIATION ORDINANCE AUTHORIZING THE
28 CITY OF RICHMOND TO RECEIVE PAYMENTS FOR SERVICES TO BE RENDERED TO RICHMOND
29 POWER&LIGHT IN 1994
30
31 Milligan explained any required electrical improvement is checked out, adding that Richmond Power&Light
32 refuses to turn on the power until the inspector has approved the installation. Councilmember Elstro said it is
33 a city ordinance that their inspections not only cover the City of Richmond but the entire service area of RP&
34 L so they are rendering a service outside the City because they are rendering services to the service area.
35 Milligan said the City has a relationship there between the fire prevention as well as the building codes and
36 specifically the electrical codes but he felt it is manifest in just about anyone's eyes that good electrical
37 inspection is an enhancement of the service of the local utility. Milligan said RP&L's liability insurance would
38 be considerably higher if the City had more electrical codes and enforced them and RP & L would simply
39 have to provide their own inspections. He added that the City has a good working relationship with the meter
40 department and the line department at RP&L.
41
42 Ordinance No.66-1993 was adopted on the following call of the roll:
43
44 Ayes:Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
45 Nays:None
46
47 ORDINANCE NO.67-1993
48
49 The Deputy Clerk read Ordinance No. 67 - 1993 - AN APPROPRIATION ORDINANCE AUTHORIZING
50 PAYMENT FOR SERVICES FROM THE MOTOR VEHICLE HIGHWAY FUND TO THE GENERAL FUND IN
51 1994
52
53 The Deputy Clerk read Ordinance No.67-1993 on second reading.
54
55 Milligan explained that this ordinance is the same type of transfer ordinance where certain positions are paid
56 for by the City which pertain to activities financed by the motor vehicle highway fund. It has to do with streets
57 and highways,the City Engineer and the Director and Secretary of Public Works and all are involved in this
58 transfer. He explained the revised figures are because of the straight five percent increase set forth in this
59 budget.
60
61 Councilmember Allen moved for engrossment, second by Councilmember Brookbank and the motion was
62 carried on a unanimous voice vote.
63
64 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 67 - 1993 to third and
65 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
unanimous voice vote.
9
_ �2 •. • - ..
Common Council Minutes Cont'd
September 20, 1993 .
p.g- ..
1 • The Deputy Clerk read:Ordinance No. 67.-1993 on third reading. •
2 _
3 Ordinance No.67.1993 was adopted on the following call of the roll: -• .
5 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Huttodand Lundy (9) : • •
Nays:None
. ORDINANCE NO.68-1993
1. The Deputy Clerk read Ordinance No. 68 - 1993 - AN APPROPRIATION ORDINANCE AUTHORIZING
11 PAYMENT FOR SERVICES FROM THE OFF-STREET PARKING FUND TO THE GENERAL FUND IN
1- 1994
1
1, Milligan explained that this is the same type of ordinance as No.68 where activites in the Clerk's office are in
1- support of the off street parking fund and a portion of the salaries are paid for from that fund. He reminded
1: Council that in Councilmember Allen's motion there is no subsidy of off street parking by the general fund as
1 was proposed in the original draft so this budget will be radically revamped for 1994, noting that it is a budget
1: that has to be funded out of income by that fund and it is about$40,000 out of balance.
1'
2i Councilmember Allen moved for engrossment, second by,Councilmember Dickman and.the motion was
2 carried on a unanmous voice vote.
2-
2 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 68 - 1993 to third and
2, final reading and read by title only, second by Councilmember Dickman and the motion was carried on a
2 unanimous voice vote.
2• '
27 The Deputy Clerk read Ordinance No. 68- 1993 on third reading.
2:
2' Ordinance No.68-1993 was adopted on the following call of the roll:
30
3 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy (9)
3 Nays: None
3
3, ORDINANCE NO.69-1993
3
3- The Deputy Clerk read Ordinance No. 69- 1993-AN APPROPRIATION ORDINANCE AUTHORIZING THE
3 CITY OF RICHMOND TO RECEIVE PAYMENTS FOR SERVICES TO BE RENDERED TO THE
13 RICHMOND SANITARY DISTRICT IN 1994
3
4 Milligan explained that this is similar type of ordinance as the.two previous ones and with the five percent
4 across the board raise given it will be changed from the way it was originally introduced.Grimes said all the
4 numbers had been amended to reflect the five. percent increase, stating the total of $277,784 in line item
4 8750 is correct.
4 .
4 Councilmember Brookbank moved to amend Ordinance No. 69 -.1993,:second by Councilmember Dickman
4 and the motion was carried on a unanimous voice vote.
4
4
5 Councilmember Allen:moved for engrossment, second by Councilmember McBride and the motion was
5 carried on a unanimous voice vote.
5 .
5
5 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 69 - 1993 to third and
5 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
5 unanimous voice vote.
5 . - .
5
5 The.Deputy Clerk read Ordinance No.69- 1993(Second Reading Amendment)on third reading.
6 .
6
6. Ordinance No.69-.1993 was adopted on the following call of the roll:
6 •
64 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy (9)
65 Nays: None
343_
Common Counci 1 Agenda Cont'd
September 20, 1993
Page 13
1 ORDINANCE NO.71 -1993
2 •
3 The Deputy Clerk read Ordinance No. 71 - 1993 - A SPECIAL ORDINANCE AUTHORIZING AN APPEAL
4 TO THE STATE BOARD OF TAX COMMISSIONERS
5
6 Grimes explained that this ordinance allows for an increase in the maximum levy of$373,681 designated as
7 property tax replacement credit in order that the City may maintain its essential services and functions
8 including the safety of its citizens. -
9
10 Councilmember.Parker moved for engrossment, second by Councilmember Brookbank and the motion was
11 carried on a unanimous voice vote.
12
13 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 71 - 1993 to third and
14 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
15 unanimous voice vote.
16
17 The Deputy Clerk read Ordinance No.71 -1993 on third reading.
18
19 Councilmember Hutton asked why there are three appeals to the State Board of Tax Commissioners.
20
21 Milligan explained that there are statutory provisions supporting each type of appeal and the amounts will be
22 determined at the time of the appeal.Grimes said on this particular one, $373,681 is the amount established
23 by the Tax Board of Commissioners. Wherever the distribution is certified the City is to receive, it is split
24 between certified shares and property tax replacement credit and that particular credit lowers the levy. The
25 appeal then requests permission to reallocate back to the maximum levy calculations so the amount that is
26 available is established whenever the Tax Board of Commissioners send the distribution through.
27
28 Grimes added that the Tax Board of Commissioners encourage this type of appeal.if it is necessary to fund
29 the essential services and functions of the City. However, he said, the Board frowns upon going after this
30 appeal continually year after year.Giving background,Grimes said that in 1990 and 1991 this particular type
31 of appeal was passed by this Council and the Tax Board of Commissioners. In 1992 it was denied by the Tax
32 Board of Commissioners,so the decision was made not to appeal it in 1993 in order to put the City in a good
33 position to appeal this year.
34
35 Ordinance No.71 -1993 was adopted on the following call of the roll:
36
37 Ayes:Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
38 Nays: None
39
40 ORDINANCE NO.73-1993
41
42 The Deputy Clerk read Ordinance No. 73 - 1993 - A SPECIAL ORDINANCE AUTHORIZING AN APPEAL
43 TO THE STATE TAX BOARD OF COMMISSIONERS
44
45 The Deputy Clerk read Ordinance No.73-1993 on second reading.
46
47 Grimes said this is an appeal to recover the short fall in taxes that were certified to be received by the state
48 tax board and in comparison with the actual collections for 1992. He said there was a short fall of some
49 $91,061 that is recoverable, adding that there are various reasons by which a municipality can recover the
50 shortfall. These include if the shortfall is attributable to refunds, certificates of error, commonly referred to
51 erroneous assessed valuations, and differences in the assessed valuation that the budget was figured on
52 and the difference in the assessed valuation that was actually billed. However, no shortfall can be recovered
53 if it is due to delinquency and that is considered in the actual calculations of any shortfall recovery appeal.
54
55 Councilmember Donat said this is the ordinance she requested to have read in its entirety because of the
56 first whereas: "As a result of erroneous assessed valuation fees . . " She said she spoke to several of the
57 county auditors and they felt there was only$12,000 which was calculated. Grimes said refunds amounted
58 to $43,950 and the City's portion of that that's recoverable is $14,009; certificates of error totaled $197,056
59 and the City's portion that is recoverable would be$66,999; and the difference in the assessed valuation that
60 was certified versus what was actually billed was$12,475.He said the.sum total represents$94,417.
61
62 Councilmember Donat said last year the Council had a similar ordinance before it and she voted no and she
63 feels the same about it this year. She added that she felt the taxpayers should not be penalized for others'
64 errors, noting that there are some taxpayers whose properties have been assessed at a greater evaluation
65 than they actually are, therefore they would be paying taxes that they really don't owe if Council passes this
ordinance.She said she thinks this ordinance should be defeated on those grounds.
84
•
Common Council Minutes Cont'd ,
September 20, 1993 .
- Page 14 .
- .
•
1 Milligan.said the ordinance, stated the way it is, is simply a rule of draftsmanship to allege the facts that are
- set forth.in the statute and that is statutory language in this type of appeal:He said it is not unusual for there
.to be errors in a county with the number of assessment properties that are here in Wayne,Courity.and the
number of commercial properties, some of which are sitting idle: He said the purpose for the whereas
- mentioned by Councilmember Donat is not to point a finger at anybody but it.is simply a creature of the
system of assessing and adjusting and appeals on those by individual property owners. The language is
used in the state because that sets up a basis for the state to act and this choice of language is based on
. what the State Legislature says. He added that this is what has to be done to get this particular type of relief
• and it is obvious the City is examining this avenue because it is exhausting all possible sources of revenue
10 and he urged Council to adopt the ordinance.
1
1 Councilmember Allen moved for engrossment, second by Councilmember McBride and the motion was
1 carried on a unanimous voice vote.
1,
1' Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 73 - 1993 to third and
1= final reading and read by title only, second by Councilmember McBride and the motion was carried on a
1 unanimous voice vote. "
1:
1. The Deputy Clerk read Ordinance No.73- 1993 on third reading.
20 .
2 Ordinance No.73-1993 was adopted on the following call of the roll:
2.
2 Ayes:Elstro, Brookbank,McBride,Parker,Allen, Dickman,Hutton and Lundy(8)
2, Nays:Donat(1)
2-
2° ORDINANCE NO.80-1993
2
2: The Deputy Clerk read Ordinance No. 80- 1993-A GENERAL ORDINANCE AMENDING CHAPTER 91 OF
2° THE RICHMOND CODE PERTANING TO FEES FOR REGISTRATION
3°
3 Milligan said this ordinance is the result of a request made by Councilmember Allen to have a differential in
3 registration fees. He said$4 is the present fee for all animals for registration purposes and this increases the
3 fee to $10 unless a certificate by a veterinarian that the dog or cat is neutered is furnished to the person
3 issuing the license tag. It establishes a$6 differential with the idea espoused by Councilmember Dickman in
3 an earlier meeting that in over the lifetime of the dog or cat that$6 differential willbasically be recovered in
3e the cost of neutering which follows the policy and if adopted,this ordinance adopts a policy to encourage the
3 neutering.
3: •
3° Councilmember Donat said she had distributed material earlier in-the evening to fellow Councilmembers
4° pertaining to this issue.The article was given to her by Dr. Carolyn Blakey;.President of HELP the Animals,
4 Inc., she said, and:is from the Washington Post and states that legislation has been passed by a City
4 Council that stipulated that should animals be picked up three times within the calendar year they would be
sterilized by the county. She added that she didn't feel this City should go quite that far but said the
amendment would be in order that animals picked up more than three.times'in a calendar.year that when the
owner comes to recover the pet at the animal shelter they then must pay the fee for spaying and neutering.
4. She said at that they would be getting a bargain from HELP the Animals Inc.because it would cost them less
4 than if they did it on their own. She said the owner then would have the option of having that animal spayed
4: or neutered or paying the fine and forgetting it,then having to pay the fine again if the animal is picked up a
4° fourth time.Dr: Blakey volunteered to contact the town mentioned in the article to find out how it was working
5° and if there were constitutional problems as was suggested there might be at this Council's last meeting.
5 Councilmember Donat suggested the ordinance be held until Dr. Blakey could give Council a report.
5
5. Councilmember Dickman asked Milligan if it would make more sense to leave this one the way it is or have a
5, new ordinance.. Milligan answered that the conversation is about two different approaches. He said
5, Councilmember Donat is suggesting a punitive approach using a stick and this approach uses a carrot. The
5. purpose of this ordinance, he explained, is to encourage owners of their own volition to neuter their animals
5 and pay a lower fee However, he,said,.the City collects fees from less than probably five percent of the
5: owners of all the dogs and cats in the City and many of those fees are as a result of the animals being
5° picked up. Grimes said fees totaled $1,100, adding that last year there were 10,000 dogs alone in the City.
6° Milligan said the question before Council is whether a stick or carrot is going to,be used from the standpoint
6 of enforcement. .
6 .
6• In.answer to Councilmember Dickman's question, Milligan said they should be separate ordinances: He
6 added that the ordinance suggested by Councilmember Donat will have to be advertised for 30 'days.
6• Milligan suggested that this should be held on second reading.
3 45
Common Council Minutes Cont'd
September 20, 1993
P_ag=e:lb
1 ORDINANCE NO.81 -1993
2
3 The Deputy Clerk read Ordinance No. 81 - 1993 -A SPECIAL ORDINANCE AUTHORIZING AN APPEAL
4 TO THE STATE BOARD OF TAX COMMISSIONERS
5
6 Milligan explained that an error had to be corrected, changing the year from 1991 to 1992. Councilmember
7 Dickman so moved, second by Councilmember Parker and the motion was carried on a unanimous voice
8 vote.
9
10 Grimes said this is the third ordinance for an appeal to increase the levy to exceed the limitations that were
11 imposed. He added that basically this is in order to pay the increase in utility costs that are attributable to
12 the utility rate increase that became effective after August 31, 1992 but before September 1, 1993. He
13 explained that the only amount that is recoverable is the amount over 10 percent of the increase. In the
14 figures represented, he said, $143,040 of that is just electric.
15
16 Councilmember Allen moved for engrossment, second by Councilmember Dickman and the motion was
17 carried on a unanimous voice vote.
18
19 The Deputy Clerk read Ordinance No. 81 -1993 on third reading.
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21 Ordinance No.81 -1993 was adopted on the following call of the roll:
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23 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy (9)
24 Nays:None
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26 ORDINANCES ON THIRD READING
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28 There were none.
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30 MISCELLANEOUS BUSINESS
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32 Speaking on behalf of the Mayor, Milligan extended his personal thanks on behalf of all the department
33 heads and a personal thanks for Council's consideration of the budget requests this year.
34
35 ADJOURNMENT
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37 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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46 Etta J. Lundy, President
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52 ATTEST:
53 Myra Miller, Deputy Clerk
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