HomeMy Public PortalAbout09-07-1993 319
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY=OF--RICHMOND INDIANA.SEPTEMBER 7.1993
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,
2 September 7, 1993, in the Council Chambers in said City. President Lundy presided with the following
3 Councilmembers present: Elstro, Donat, McBride, Parker, Allen, Dickman and Hutton. Absent was
4 Councilmember Brookbank.The following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER-COUNCILMEMBER DICKMAN
9
10 ROLL CALL.
11
12 Eight present.
13
14 APPROVAL OF MINUTES OF AUGUST 16,1993
15
16 Councilmember McBride moved to approve the minutes of the previous meeting as prepared, second by
17 Councilmember Hutton and on a unanimous voice vote the motion was carried.
18
19 COMMUNICATION FROM THE MAYOR
20
21 Mayor Roger Cornett spoke to Council. (His speech in its entirety is in the City Clerk's files).
22
23 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS
24
25
26 REPORT FROM CITY DEPARTMENTS
27
28 None presented.
29
30 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
31
32 The minutes of the August 5, 12 and 19 meetings were included in the packets.
33
34 Earnest Jarvis, Director of Public Works, responded to a letter sent to him by President Lundy. It was from
35 Dorothy Combos of South 16th Street, requesting a stop sign at the intersection of South 16th and E Streets:
36 Jarvis said the letter had been discussed at the Board of Works the week before. He said the Richmond
37 Police Department's Traffic Safety Division had done another study of the intersection, which has become
38 almost a yearly thing. He said the study did not warrant any changing of signage and, therefore,the Board
39 voted against any action.
40
41 Councilmember Elstro asked Jarvis to check out the area around South 11th Street from South E to South J
42 Streets where Miller Pipeline is putting in a line for the Gas Company. It is his feeling, he said, that Miller
43 Pipeline should re-do the entire street when the project is finished.Jarvis said he would take a look at it.
44
45 Councilmember Hutton asked about what to expect as far as action by the City in response to a request by
46 residents in the 700 block of South West First Street for residential parking permits.She added that she had
47 read in the student handbook that all Richmond High School students are supposed to be parking in the lot
48 east of the school. Mayor Cornett said resolving that issue is a long, drawn out process and it is on Janet
49 Hibner's agenda. He said the City is sympathetic to people on that street and the issue has been discussed
50 with Captain Danny McClure of the Traffic Safety Division and he thinks it can be done without another
51 survey. However, it has to go through the public hearing,the Mayor said, adding that you can't skirt the due
52 legal process.
53
54 In answer to Councilmember McBride's question about the railroad crossings, Jarvis said the railroad
55 officials offered a pittance if the City would repair the crossings. He said they offered $600 for one crossing
56 and he asked Bill Smith, Manager of the Street Division, and Bob Wiwi, City Engineer, to look at them and
57 they determined that would be less than half the cost of material and labor it would take to do the work.The
58 decision was made not to accept the offer to try to force the railroad to repair them as quickly as possible.
59
60
61 REPORTS FROM SPECIAL COMMITTEES
62
63 None were presented.
64
65
82
Common Council Minutes Cont'd
September 7, 1993
P-age-2
1 REPORTS FROM STANDING COMMITTEES
Councilmember Donat had a question on behalf of HELP the Animals Shelter Inc., stating that she is the
liaison between the Council and the Shelter. She noted that in the minutes of the last meeting which were
approved tonight, it states there would be an ordinance in tonight's meeting designating the money that
•
Council appropriated to HELP the Animals Shelter, and there is none. She asked City Attorney Thomas
Milligan for an explanation. He responded that the appropriation which is on third reading tonight is a
.•
• required additional appropriation that has to go to the State Tax Board for review after it is passed. Then, if
• Council passes it on third reading tonight it will be in that position after approval by the State Tax board to
1• designate where the money is to go. Councilmember Donat then stated that evidently the information
1 received by Council at its last meeting was incorrect since Councilmembers were told they could expect that
1 ordinance tonight. Milligan said he did not recall making such a statement, noting that the process has not
1 been changed and that it takes two to three weeks for the State Tax Board to act then Council would be in a
1, position to designate how it wants to spend the money. .
1
1. Councilmember Donat said she could belabor the issue by reading the minutes but felt that was not
1 necessary. She said this has dragged on and on, adding that the need for the money was brought before
1: Council months ago and an ordinance is really needed to set the wheels in motion. At this point, she said,
1° Council is not moving toward any sort of resolution.She again asked Milligan when Council could expect the
20 ordinance. Milligan answered that it would be forthcoming as soon as the State Tax Board approved the
2 additional appropriation.When Councilmember Donat asked when that might be, Milligan said it depended
2 on what Council did on third reading tonight.
2•
2• Councilmember Allen said she understood that since this is not tax money that it would not have to be
2 approved by the State Tax Board. Milligan said that was incorrect, adding that everything the City spends
2. has to go through the appropriation process. He said the only thing that does not get taken through on
2' additional appropriations is a donation or gift to the City. City Controller Dennis Grimes commented that he
2: had communicated with the State Tax Board last week regarding this particular type of ordinance and that
2! Councilmember Allen is correct. He said the additional appropriation process remains the same except for
31 one thing and that is the State Tax Board does not have to approve any additional appropriations that do not
3 have property tax money involved, although it does require notification. Therefore, upon passage of this
3' particular ordinance Council is free to decide what it wants to do with the money. Milligan said he stood
3: corrected. Councilmember Donat asked Milligan, with that additional information, could Council expect that
3. ordinance designating that money to HELP the Animals Inc.to be on the agenda at its next meeting.Milligan
3. asked if it was her wish that the entire amount be given to HELP the Animals Inc. and she responded that it
3• was. He said he would prepare an ordinance that she could introduce at the next meeting, adding that it
3r would not be an administration ordinance but hers.
3:
3' Councilmember McBride asked if the new contract has been signed and Jarvis responded that the Board of
4. Works has not received it yet which prompted Councilmember McBride to note that the animal problem then
is in limbo. Jarvis said HELP the Animals Inc. is still operating under last year's contract. He said this year
4 both shelters will be visited and new specifications will be submitted and the City will receive bids from both.
4c
A Councilmember Parker commended Jarvis and Transportation Manager Kent Haisley, as well as the airport
staff and Board of Directors for a seemingly successful Boogie and large crowds over Labor Day weekend.
46 Jarvis said there were over 550 jumpers, and Saturday alone over 1,600 jumps were made,with the total for
the three days rounding out at 4,500 jumps. He said more than 10,000 gallons of aviation fuel had been
4i8 sold,all the local motels were full and all in all it was a very good weekend for the City.
49
0 REPORTS FROM OTHER COUNCIL COMMITTEES
1
,2 Councilmember McBride said Deborah Weber had been appointed to the Street Tree Commission to
53 replace Jad Daggy and that term has expired. He added that Council wished to reappoint Weber for a full
154 term,second by Councilmember Parker and the motion was carried on a unanimous voice vote.
-6 President Lundy noted that she had given a letter to Jarvis about a matter on South 11th Street.
-7
-8 ORDINANCES
-9
:0 ORDINANCES ON FIRST READING
:1
;2 Councilmember Elstro moved to suspend the rules and read on first reading by title only Ordinances No.76,
:3 77,78,79,80 and 81 -1993,second by Councilmember Hutton and the motion was carried on a unanimous
•4 voice vote. President Lundy requested Ordinance No. 79 - 1993 be read in its entirety with all
:5 Councilmembers in agreement.
321
Common Council Minutes Cont'd
September7;_1.993
--ago 3
1 ORDINANCE NO.76-1993
2
3 The Clerk read Ordinance No. 76 - 1993 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF
4 STATEMENTS OF BENEFITS FOR PROPERTY OWNERS APPLYING FOR DEDUCTIONS UNDER I.C. 6-
5 1.1-12.1
6
7 Councilmember Parker said the Tax Abatement Committee had met and reviewed the statement of benefits.
8 He said during discussion it was noted that some do not file on a timely basis which prompted the letter from
9 Janet Hibner attached to the ordinance. He moved to recommend approval because the committee wants to
10 try to have all the economic development possible and let these people know that the State Tax Board is the
11 final approving body, second by Councilmember Allen and the motion was carried on a unanimous voice
12 vote.
13
14 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 76- 1993 to second reading
15 and read by title only, second by Councilmember McBride and motion was carried on a unanimous voice
16 vote.
17
18 The Clerk read Ordinance No.76-1993 on second reading.
19
20 President Lundy declared Ordinance No. 76- 1993 on public hearing.There being no comments either for or
21 against, Councilmember Hutton moved for engrossment, second by Councilmember Parker and the motion
22 was carried on a unanimous voice vote.
23
24 Councilmember Allen moved to suspend the rules and advance Ordinance No. 76 - 1993 to third and final
25 reading and read by title only,second by Councilmember Parker and the motion was carried on a unanimous
26 voice vote.
27
28 The Clerk read Ordinance No.76- 1993 on third reading.
29
30 Ordinance No.76-1993 was adopted on the following call of the roll:
31
32 Ayes:Esltro, Donat, McBride,Parker,Allen, Dickman,Hutton and Lundy(8)
33 Absent:Brookbank
34
35 ORDINANCE NO. 77-1993
36
37 The Clerk read Ordinance No. 77 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE 1993
38 BUDGET
39
40 Explaining the ordinance, Kent Haisley said more fuel is being sold at the airport than in the past, which is
41 good because that makes money. However,that means that money needs to be taken out of the aviation fuel
42 fund and put in the sales tax category. He said the City gets reimbursed for that sales tax after the fuel is sold
43 but when the loads of fuel are received the sales tax has to be paid then the City gets it back when the fuel is
44 sold.
45
46 Councilmember Hutton moved to suspend the rules and advance Ordinance No.77-1993 to second reading
47 and read by title only,second by Councilmember Dickman and the motion was carried on a unanimous voice
48 vote.
49
50 The Clerk read Ordinance No.77-1993 on second reading.
51
52 President Lundy declared Ordinance No. 77- 1993 on public hearing. There being no comment either for or
53 against, Councilmember Parker raised the question as to why the City has to pay sales tax on the fuel.
54 Grimes said it has to pay in this particular case for aviation fuel and a sales tax return is filed with the state
55 each month. He added that the City is not exempt. Milligan said the City is reimbursed by the customer on
56 each transaction but has to advance the cost when it is purchased. Councilmember Donat asked why the
57 City is not exempt.
58
59 Milligan responded, saying the City is exempt on the fuel it uses itself but not on the fuel it re-sells, and
60 unless the purchaser is tax exempt, sales tax is collected on all refuelings at the airport. Councilmember
61 Donat noted that she, along with several of her fellow Councilmembers, are in business for themselves. As
62 an example,she said,she is exempt when she purchases from Kessler's and doesn't pay them tax,but when
63 she delivers their items to her client, they pay her sales tax and she turns that in monthly to the Indiana
64 Department of Revenue, realizing one percent of the collection fee. She asked if perhaps the City could not
65 have that type of arrangement.
322
Common Council Minutes Cont'd
September 7, 1993
Page-4
Milligan responded that the only seller of aviation fuel in the City is the municipal airport and this Is the way
they operate. Councilmember Donat suggested it might be a good idea to check into if it would mean a one
percent savings.Grimes said he would look into it.Councilmember McBride moved for engrossment,second
by Councilmember Hutton and the motion was carried on a unanimous voice vote.
•
• Councilmember McBride moved to suspend the rules and advance Ordinance No. 77 - 1993 to third and
final reading and read by title only, second by Councilmember Parker and the motion was carried on a
unanimous voice vote.
1 The Clerk read Ordinance No.77-1993 on third reading.
1
1' Ordinance No.77-1993 was adopted on the following call of the roll:
1c
1, Ayes:Elstro,Donat,McBride,Parker,Allen,Dickman, Hutton and LUndy(8)
1• Absent:Brookbank
1.
1 ORDINANCE NO.78-1993
18
19 The Clerk read Ordinance No. 78 - 1993 - A SPECIAL ORDINANCE AUTHORIZING CERTAIN
-0 INDIVIDUALS TO ACCEPT PENSION LIABILITY ON BEHALF OF THE CITY OF RICHMOND, INDIANA
•1
.2 Milligan explained that this is a special ordinance required by the public employees retirement fund,of which
-3 the City has been a member since September 1982. As a result of that membership it has to designated by
-4 name the individuals and their capacity who are authorized to sign various forms and technical acceptance
.5 of pension liability. This ordinance, he said, authorizes Grimes and Eileen Burtzlaff in the Department of
•6 Administration to sign for these various agreements.
.7
-8 Councilmember Donat said she understood that Burtzlaff will be leaving in a matter of weeks. Milligan
.9 responded that she is still employed by the City and he does not know what her plans are at the present
0 time. He added, however,this is the area of expertise that she handles,which is personnel benefits, and at
1 such time she vacates that position it would be before Council in another ordinance which would amend this
2 authority. He said the controller would be kept in there and if Burtzlaff departs,the new person who has that
.3 responsibility would be designated.
4
5 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 78 - 1993 to second
6 reading and read by title only, second by Councilmember McBride and the motion was carried on a
7 unanimous voice vote.
8
.9 The Clerk read Ordinance No.78-1993 on second reading.
•0
•1 President Lundy declared Ordinance No.78-1993 on public hearing.There being no comments either for or
•2 against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Hutton
and the motion was carried on a unanimous voice vote.
•4
•5 Councilmember Parker moved to suspend the rules and advance Ordinance No. 78-1993 to third and final
•6 reading and ready by title only, second by Councilmember McBride and the motion was carried on a
7 unanimous voice vote.
8
9 The Clerk read Ordinance No.78-1993 on third reading.
0
1 Ordinance No.78-1993 was adopted on the following call of the roll:
2
3 Ayes:Elstro, Donat,McBride, Parker,Allen,Dickman, Hutton and Lundy(8)
4 Absent:Brookbank
5
j56 ORDINANCE NO.79-1993
»7
8 The Clerk read Ordinance No. 79 - 1993 - AN APPROPRIATZN O RDiNANCE AUTHORIZING THE CITY
9 OF RICHMOND TO RECEIVE A DONATION
60 •
61 "WHEREAS the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific
62 purpose,and
63
64 "WHEREAS the acceptance of a donation for a specific purpose constitutes the appropriation of such
65 property for the intended purpose,
323
Common Council Minutes Cont'd
September-77993
`Page 5
1 "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the
2 following donation be gratefully accepted and hereby acknowledged with the heartfelt gratitude of the citizens
3 of Richmond,to wit:
4
5 "Two weapons from Edward L."Corky"Cordell to the Police Department for training purposes,namely
6
7 "One H&R Handgun, Model NO.922
8 .22 Cal.
9 Serial#L53466,and
10
11 "One Colt Handgun,.38 CAI.
12 Model#Army Special
13 Serial#527377."
14
15 Councilmember Elstro moved to suspend the rules and advance Ordinance No.79- 1993 to second reading
16 and read by title only, second by Councilmember Parker and the motion was carried on a unanimous voice
17 vote.
18
19 The Clerk read Ordinance No.79-1993 on second reading.
20
21 President Lundy declared Oridnance No.79-1993 on public hearing.
22
23 Police Chief Dennis Rice noted his appreciation of the donation, commenting that it would be used by the
24 department for training purposes. He asked Council to accept the donation.
25
26 Councilmember Dickman moved for engrossment, second by Councilmember Hutton and the motion was
27 carried on a unanimous voice vote.
28
29 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 79 - 1993 to third and final
30 reading and read by title only,second by Councilmember Parker and the motion was carried on a unanimous
31 voice vote.
32
33 The Clerk read Ordinance No.79-1993 on third reading.
34
35 Ordinance No.79-1993 was adopted on the following call of the roll:
36
37 Ayes:Elstro, Donat, McBride,Parker,Allen, Dickman,Hutton and Lundy(8)
38 Absent:Brookbank
39
40 ORDINANCE NO.80-1993
41
42 The Clerk read Ordinance No. 80 - 1993 - A GENERAL ORDINANCE AMENDING CHAPTER 91 OF THE
43 RICHMOND CODE PERTAINING TO FEES FOR REGISTRATION
44
45 Milligan explained that this is the ordinance requested by Council, changing 91.02B of the Richmond code
46 which will provide a variance for neutered animals. He said the fee will remain $4, but for animals not
47 neutered, the registration fee on an annual basis will be increased to $10, noting that it will be effective for
48 both dogs and cats.
49
50 Councilmember Donat thanked Milligan for writing the ordinance but said it was not quite what Council had
51 asked for. She said no fee should be charged owners of pets who had been spayed or neutered. Milligan
52 said he had talked with Councilmember Allen and that was not indicated to him, adding that there is a certain
53 amount of administrative expense in issuing any fee. Also, the City encourages the sale of these tags by
54 veterinarians and pet shops and built into that$4 charge is a fee for them for service. Councilmember Allen
55 said she had agreed with that.
56
57 Councilmember Donat said that last year the point had been made that to spay and neuter an animal costs in
58 excess of$50 and through the life span of the cat or dog that is enough incentive when you have to pay for a
59 tag.She said this would, in effect,pay for the spaying and neutering which would make it a real incentive and
60 this didn't get passed on last year. She added that the logic in back of raising the fee for those who don't
61 spay and neuter would be that it would offset the expenses of the so called free tags. She noted that it could
62 be added as an amendment, plus a clause about the automatic spaying and neutering of animals picked up
63 three or more times. She said that it was obvious that these animals are owned by irresponsible citizens and
64 they would be part of the problem and not part of the solution. She added that they should be spayed and
65 neutered as a given when they are picked up more than three times.
324
Common Council Minutes Cont'd •
SAptAmhAr 7. 1992
Page-6
1 Councilmember Hutton said that if someone is not going to spay and neuter, they're not going to buy tags,
2 not even for$10. She suggested that it would be best to go back to the original idea of encouraging poop!:
3 to buy tags and the registration money be used for education.Councilmember Dickman said that the sprea•
4 discussed and decided on last year was$4 and$6 and he felt that was not enough to encourage anybody to
5 do anything. He added that he felt this$6 spread and over a tenure of life that would maybe pay for spayin•
6 or neutering. He asked how the City could afford to pay for the spaying and neutering of animals picked u•
7 more than three times. Councilmember Donat responded that the owners could be ticketed or in some wa
8 could have to pay for that spaying and neutering before they could get their animals back.
9
10 Milligan said it is a constitutional issue, because it is a property right to have an animal. He added that th
11 City would incur a liability if it allowed an animal to be operated on. However, if incentives are used ii
12 becomes a voluntary thing. The other, he said, would be wholly unacceptable because owners of animal
13 have constitutional rights. Councilmember Donat said she has an article written about cities and towns wh•
14 already have this type of ordinance on the books. Councilmember Elstro suggested that Ordinance No. 80
15 1993 be held on first reading.
16
17 ORDINANCE NO.81 -1993
18
19 The Clerk read Ordinance No. 81 - 1993 -A SPECIAL ORDINANCE AUTHORIZING AN APPEAL TO TH
20 STATE BOARD OF TAX COMMISSIONERS
21
22 Milligan said this should be considered with the total package of ordinances on second reading, noting that i
23 is the third appeal to set aside the property tax freeze and it enables the City to increase taxes because o
24 increased utility costs. He said it would be permissible to go ahead and suspend the rules and take it to
25 second reading and conduct a public hearing.
26
27 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 81 - 1993 to secon•
28 reading and read by title only, second by Councilmember McBride and the motion was carried by -
29 unanimous voice vote.
30
31 The Clerk read Ordinance No.81 -1993 on second reading.
32
33 President Lundy announced the public hearing would be held at Council's next meeting.
34
35 ORDINANCES ON SECOND READING
36
37 Prior to the reading of the ordinances, President Lundy announced that Ordinance No.49-1993 will be held
38 on second reading because at the Committee of the Whole meeting several amendments had been
39 suggested which had not been made.
40
41 ORDINANCE NO.49-1993
42
43 The Clerk read Ordinance No. 49 - 1993 - A GENERAL ORDINANCE AMENDING AND RESTATING
44 CHAPTER 97 OF THE RICHMOND CODE WHICH CREATED THE STREET TREE COMMISSION
45
46 ORDINANCE NO.50-1993
47
48 The Clerk read Ordinance No. 50 - 1993 - A GENERAL ORDINANCE REGARDING GARBAGE AND
49 RUBBISH,BEING CHAPTER 93 OF THE RICHMOND CODE
50
51 City Engineer Bob Wiwi and Chairman of the Board of Richmond Sanitary District, noted that this is updating
52 the ordinance incorporating suggestions by Ralph Willis, Manager of the Sanitary Department, and his staff.
53 At the request of Councilmember Hutton to refresh her memory as to the amendments that had been made,
54 Councilmember Parker noted a cleaning up of the language concerning a lien law and a shortened
55 paragraph addressing the collection of money.Ann Towles, industrial coordinator for the Richmond Sanitary
56 District,said the ordinance had not been updated in 14 years.She explained the$15 charge for picking up a
57 freezer or refrigerator, saying that as of January 1994 it will not be possible to dispose of either one without
58 first removing the freon and only a certified individual can do that. Councilmember Hutton noted that a page
59 was missing in her copy of the ordinance as did Councilmember Dickman. Councilmember Elstro suggested
60 Council hold Ordinance No.50-1993 in view of the fact the ordinance was not complete.
61
62 ORDINANCE NO.55-1993
63
64 The Clerk read Ordinance No. 55 - 1993 - AN APPROPRIATION ORDINANCE FIXING THE ANNUAL
65 COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 1994
325
Common Council Minutes Cont'd
Septumbur1,_1.993
Tel1 President Lundy asked Milligan if it was proper to go into the budget or deal with each ordinance individually.
2 Milligan said it would be permissable to combine the hearing on the budget items,but it would be appropriate
3 to do it either way,according to the wishes of Council. Councilmember Elstro said he didn't plan on passing
4 anything tonight. Councilmember Hutton questioned the time element. President Lundy said they would get
5 right into the budget and work the ordinances in as they go.
6
7 She announced they would start with the Mayor's budget first. Grimes distributed additional information
8 requested by Councilmember Parker earlier. He explained that it was a one-page scenario detailing the
9 revenues and/or expenditures by category and what the total out of balance it is regarding the property tax
10 funds. He called Council's attention to the noted assumption at the bottom of the page which read: The
11 assumption is made that all funds that garner property tax are in balance with the exception of the general
12 fund in order to show the total amount over the maximum levy.
13
14 Councilmember Dickman asked about the duplication and Grimes said no adjustments had been made
15 regarding the duplication. Councilmember Allen said they needed to address the duplication of $395,200 in
16 the Other Equipment category No. 4490 and delete it which would make the new number $604,800.
17 Answering Councilmember Elstro's question about the City's match of $237,039.85 and what it consists of,
18 Grimes said $187,750 is for the Economic Development Corp. and $50,000 for Birth To Five.
19 Councilmember Hutton moved to remove half of the Economic Development Fund which was category 3985,
20 making the amount $93,875, explaining that the City will be receiving the E.D.I.T. money in July of 1994,
21 second by Councilmember Elstro and the motion was carried on a unanimous voice vote.
22
23 Milligan advised President Lundy to ask for comments from Councilmembers and for public comments,
24 noting there might be someone in the audience who wished to comment on them. Councilmember Elstro
25 asked Grimes if he was keeping track of the changes and Grimes assured him that he was.
26
27 Jan Passmore, 2121 Reeveston Road, Chairman of the Board of Richmond/Wayne County Chamber of
28 Commerce and also Chairman of the Board of the Economic Development Corporation of Wayne County,
29 commented that for many years this community has not invested in itself, noting that is evident as you drive
30 through. He addressed the Council,noting the decline in population from 44,000 in 1960 to the 37,000 today,
31 then asked what will it be in 10 years.He asked Councilmembers if they will have created any opportunity for
32 the youth or will they maintain the legacy of double digit unemployment and under employment which is now
33 stated to be somewhere between 24 and 27 percent of the work force.
34
35 He said a significant commitment has been made with the enactment of E.D.I.T. but those funds will not be
36 available for another 10 or 11 months. He told Councilmembers that their decision on priorities and directions
37 will send a significant signal to this community and to the companies currently doing business here and to
38 those companies looking at the practicality of doing business here. He asked them if they would stand up
39 and shout they are pro business or will they sit and allow the decline and the decay to continue. He added
40 that hopefully they would be willing to pay for the rebirth of a City rather than preside over the continued
41 demise. He said a lot of people worked hard trying to put together a business of pro-business, pro-active
42 organization of which he is proud to serve as the chairman. He commended the eight Councilmembers who
43 were willing to sign and support it. However, he noted, the job has only begun and the organization needs
44 their help and their commitment.
45
46 Councilmember Dickman asked if the motion had passed because he didn't vote. Milligan said he could
47 make a motion to reconsider, which he did, stating that he would like more time for added discussion by
48 Councilmembers. Councilmember Dickman moved to reconsider the previous action concerning category
49 3985, second by Councilmember McBride and carried by a vote 7-1 vote, with Councilmember Elstro voting
50 against. Milligan said the motion to reconsider voids the previous action, then Councilmember Dickman
51 asked his fellow Councilmembers if they had no interest in funding the Economic Development at the level
52 they have in the past or because of the new money they want to pull out half of the funding this year and all
53 of it next year. He added that the money Economic Development has been working with in the past didn't get
54 the City over the hump, but the new funds will allow that to happen. However, if everybody else pulls back
55 with their funding the project is back in the same boat. He said there will be more dollars but still not enough
56 to do a major program. He said the City will benefit next year with$600,000 additional dollars to work with in
57 the guidelines of the program and asked Councilmembers if there was any interest in funding it for one more
58 year. Councilmember Hutton said the money the City receives can only be used for specific economic
59 development,adding that this could be used for other programs.She added that she thought County officials
60 had only funded it for six months.
61
62 Grimes said this is actually funding it for $195,000 for 1993, and for 1994, the proposal is $187,750. He
63 added that there is additional funding through the E.D.I.T.tax of 50 percent of what it is anticipated the City is
64 to receive which is$571,000.He said the distribution begins in May 1994 and the total amount for the year is
65 $1,142,563.
.,326
•
Common Council Minutes Cont'd
Septembers;1-993
Papa 8
1 Mayor Cornett said there is a difference in funding the department and Economic Development projects.He
2 added that all the money from E.D.I.T. will hopefully go for sewers, streets, infrastructures and to induce
3 investments, but this money is to fund the office,to be used for salaries,wages,benefits and computers and
4 the Board wants to keep that split.
5
6 Passmore said the Board is trying to focus on the numbers and looking at the total administration taking
7 around 30 percent of the total budget. He said he has not heard anything from the County that they are not
8 going to fund this for 1994, noting they have funded $100,000 for the remainder of 1993. He said the Board
9 hoped to maintain the same level of funding from the City and County. He added that the same focus is
10 there, only on a broader scale. In answer to a question as to whether they would be back next year for
11 funding,Passmore said there is a three-year contract and if funds come through as has been indicated from
12 E.D.I.T., and if the drift in employment continues, the funds being forecast will not be there. He said it
13 depends on what happens in the future as to whether more funding will be requested.
14
1 Councilmember Hutton repeated her original motion, second by Councilmember Elstro and it was carried by
1 the following call of the roll:
1
1 Ayes:Elstro, Donat,Parker,Hutton and Lundy(5)
1 Nays:McBride,Allen and Dickman (3)
2
2 Councilmember Parker moved to correct the error in the capital equipment category addressed earlier,
2 second by Councilmember Elstro and the motion was carried by a unanimous voice vote.
2
2• Councilmember Parker moved to delete $100,000 from the capital equipment category No. 4490 with a
2 second by Councilmember Elstro. Mayor Cornett said if the cut is made the list will have to be reprioritized to
2. spend $500,000 instead of $600,000. He said every dollar taken out is one less dollar for tools for City
2 employees to get their jobs done which makes it that much more difficult. Councilmember Parker said there
2: comes a point in time to cut the budget or some time or other magically fund it.He said Council could leave it
21 $3 million over budget and forget the cuts but if it is realistically going to do something it has to try to cut
34 some things to get closer to a balanced budget. He added that Council has to take some close looks.
3. President Lundy said she had a motion and a second to take $100,000 from category No. 4490 and the
3' motion was carried on a unanimous voice vote.
3.
3, Councilmember Parker suggested to invite comments from the audience before making any further
3. recommendations for cuts.
3.
3 Jarvis commented that he had put together a crucial, honest budget, containing items he would like to have
3: in there for the betterment of the City and he was not prepared to make recommendations for cuts, but he
3• would be happy to answer any questions.
4,
Councilmember Allen said Council could fully fund this budget,explaining that it was made perfectly clear by
• the Citizens Financial Advisory Committee appointed last year by Mayor Cornett. She added that they
c pointed out that it is legally possible to transfer that much money from the profits of the utility to the City.She
said she understood that the amount was large and it had never been done before, making it a difficult
45 decision. She said it is within Council's realm and it does have the power to do that, adding that this is an
46 exceptional situation but the City continues to shrink and even though there are a lot of positive signs this
•7 calls for exceptional action. She asked her fellow Councilmembers to break tradition, stating that it is
•8 physically possible to do and the money is there.
•:9
-0 Councilmember Elstro disagreed, saying it is against the law to do it. He added if the City needs money so
-1 bad that it should put a user tax on the sanitation department. Mayor Cornett responded that the Sanitary
-2 Commission has hired a consultant to look at the user fees. Councilmember Elstro reminded the Mayor that
-3 he had all last year to do that.
-4
-5 The Mayor answered that a lot of this information came in the first quarter of this year. Addressing the issue
-6 of the legislation allowing the placing of fire hydrant costs on the water bills,the Mayor said Richmond is not
7 prepared to do that because of the political sensitivity of it. He added that the state legislature did that for
8 Indianapolis but didn't do it for Richmond. He said the city of Muncie has asked for a decision from the
9 attorney general but has received no response.
.0
.1 Councilmember Donat said several things are facing Richmond Power & Light such as the.EPA litigation
.2 which came up in July and that is an immediate concern because at this point nobody has any idea what it is
.3 going to cost.With that in mind,she said, RP& L needs to safeguard its resources.She said another area of
.4 concern is the re-working of the wires downtown, noting that a fire put the Wayne County Courthouse out of
.5 business for a day.She said these problems have to be addressed.
327
Common Council Minutes Cont'd
September 7, 1993
Page 9
1 Councilmember Donat also raised the point of the$2.5 million RP&L loaned the City. She said she had one
2 major manufacturer tell her that he would much rather see taxes raised than the utility rates because that is
3 not deductible and it is going to be something he can't make up for. She added that she has been told that if
4 the reserves at RP & L are depleted the electric rates are going to go up,which makes it very important to
5 safeguard those reserves. She said in light of all the points she raised she feels that RP&L should not even
6 be considered as a source of revenue.
7
8 She said the budget is now$3 million over and Councilmembers are going to have to make decisions from
9 what they can discern because they don't have the advantage of a day-to-day observance. She said fellow
10 Councilmembers Dickman and Allen had brought up a good point, adding that if the only source of funding
11 Council has control over is RP & L she felt that ought to be decided and then they would know how much
12 has to be cut out of the budget.
13
14 Councilmember Donat suggested that everything be put off until the next meeting so the RP & L Board can
15 act. Councilmember Allen said it is in Council's authority to appropriate the money, adding that the people
16 have to have the equipment to do the job with or they can't do their job.
17
18 Directing his comments to Fire Chief Jim Sticco, Councilmember Elstro asked if some cuts are made in his
19 budget will he be able to run the fire trucks? Sticco responded, saying that no matter what is cut the fire
20 department personnel will still be out there risking their lives, doing their jobs. However, he said he didn't
21 understand why they would have to make any cuts. He asked why not give his department the equipment it
22 needs. He said he had been listening to the Mayor and was buying into what he said, supporting him 100
23 percent.
24
25 Councilmember Elstro said in all the years he has been on Council he could never remember having a
26 budget that is$3 million over.Sticco commented that maybe that is why the City is where it is today. He said
27 he grew up in this City and could remember when there were plenty of jobs. Councilmember Elstro said he
28 talked with two plant managers who told him that if they turned in a budget like this they would probably be
29 fired.
30
31 Sticco said if a truck breaks down his department has a standby but it is a 1969. He said it costs a lot of
32 money to keep the trucks on the road. Mayor Cornett said if Council passes this budget without balancing it,
33 it will fall on the Mayor and the Controller to do the job. He added that the State Tax Board is not sensitive to
34 the issues and has the authority to cut. Councilmember Elstro said there are a lot of people who say not to
35 touch RP&L.
36
37 President Lundy asked if everything on Sticco's list was absolutely essential. He responded that his budget
38 has not been raised for two years. Councilmember Donat questioned the necessity of the computer costs. In
39 defending that portion of his budget, Chief Sticco said the Battalion Chief makes daily trips to each fire
40 house, using his gasoline and time, and he feels it is time to start thinking about computerizing the fire
41 stations and stop living in the past generation.
42
43 Councilmember Allen asked about cutting $22,000 out of category No. 4490. Sticco went down the list,
44 noting that his budget work sheet showed items such as refrigerators and stoves which need replaced and
45 ladders which need replaced or repaired because half of them didn't pass the last test done on them. It also
46 included the river rescue equipment, he said, noting that the department now has a 14-member scuba team.
47 He said the rapid water rescue team takes a lot of equipment and that team is for rescuing people, saving
48 lives. He added that cutting that category would eliminate some of those things he mentioned.
49
50 Councilmember Hutton asked why the City can't do the same as Marion County and turn the fire hydrant fee
51 over to the Water Co. Milligan said it works for Marion County. He said the way the statute reads,the largest
52 community where the Indiana American Water Company has the most customers has to vote it in. He said
53 amendments have to be made to make it applicable to a local community,explaining that those persons who
54 initiated that were primarily trying to solve the problem in Marion County and those adjoining counties. He
55 added that it has technical flaws as applying to counties outside of the Marion County region. That is why
56 Muncie asked for an interpretive rulling. He predicted that the issue would not be resolved until legislative
57 action is taken next year. He concluded that the present legislation is technically flawed as applied to this
58 City and County.
59
60 Councilmember McBride said Council should establish how much money to give before it starts cutting.
61 Councilmember Hutton responded that she thought Council had already voted on that when they specified
62 the$1,640,000 be put in the budget.Grimes said that was a tentative figure, explaining that he had asked for
63 something to work with and that is the figure given to him by Council, but the tentativeness is over and
64 Council is being asked to fund the budget at a greater level than it has in the past.
65
-. 3 8
Common Council Minutes Cont'd
September 7, 1993
Page 10
Councilmember Dickman recalled that Council was asked to decide on a tentative number members could
live with but it was his understanding that it would be discussed further and the time is near to decide on that
number so the budget could be finished. Councilmember Donat said if that $1.6 million has been
incorporated into the budget then that means if the budget is over$3 million the City is really asking for$5
million from RP&L.Grimes explained that the maximum amount of money derived from the utility according
to Milligan's letter some months ago is $4.172 million which is legally allowable by the Indiana Utility
Regulatory Commission. He said that is under the jurisdiction of this body and if that were to happen there
• would still be about $600,000 which would be needed to cut from the budget and the budget would be
balanced.
1+
1 Councilmember Elstro said Huffman has stated that a certain amount of dollars has to be in that one
1' particular category and that's it, and the State Tax Board said that's it. Councilmember Dickman said that
1• would be decided by Council and Councilmember Elstro said that Huffman said no.
1•
1. President Lundy said the transfer to the City in lieu of taxes has been more in other years but she certainly
1• is not going to make it $3 million. Councilmember Dickman said he would make a motion at Council's next
1 r meeting unless somebody else does. He added that at this point he would recommend that all action would
1: be placed on hold and that it should be decided at the beginning of the next meeting what the amount will be
1! coming from RP & L. With that done, Councilmembers would know what the shortage is and could start
2' making cuts in the budget. Councilmember Elstro commented on the$2.5 million loaned to the City by RP&
2 L and he said he didn't want people calling him about this,but advised them to call the Councilmembers who
2' would vote for more.He added that it is going to make the rates go up sooner or later.
c
214, Councilmember Parker suggested Councilmembers wait until the next meeting, saying it would be to their
advantage because between now and then they could decide what items they would like to cut, or what
2, money to ask for from RP & L. He recommended that Councilmember Dickman be allowed to make the
7 motion and it would either be passed or defeated and at that time there would still have to be plenty of cuts
-8 taken unless it was funded to the tune of$4.4 million and he said he couldn't see that amount coming out of
-9 RP& L. President Lundy said the budget process has to be completed by September 30 and perhaps in two
0 more weeks Councilmembers would have a better idea of what can be done.
1
2 Otto Meuser, Director of the Department of Administration,told Councilmembers that he believed this is the
3 time for togetherness. He noted that in prior discussions with the Mayor two or three Councilmembers were
4 told there were possibilities of cuts which, he said, surely sends the signal that the Mayor is flexible and he
5 asked that they reciprocate in like manner. He reminded them that you can't do things without some money
6 and said they talked about fire trucks and that is very important. However, he said, he is a people person
7 and there are serious salary inequities with battalion chiefs receiving less than those reporting to them. He
8 said this can't all be done in one night but these things must be addressed and asked Councilmembers to
9 please not forget the people.
-0
-1 Charlie Nelms,3270 Waverly Drive, said he had been listening to the deliberations and wished to suggest a
•2 process. He said one of the things coming through is a"them"and"us."However, he added, it is all of us in
•3 the same bag together. He said as Chancellor at Indiana University East he goes through this every year. He
•4 said everything is important but not equally important. He suggested that between now and until Council
•5 meets again that three categories be made, tabled highest priority, high priority and moderate. He added that
•6 they would also have to come up with some idea of the revenue they will have to work with and suggested
•7 they make three categories there,too. In conclusion, Nelms said he was not being meddlesome,just making
•8 a suggestion because he is sure there is some flexibility. President Lundy said she hopes that each
•9 department head can see that there is something they can do to help the Council.
0
1 Battalion Chief Mike Allen said he wished to speak to the salary portion of the ordinance, stating that he is a
2 241/2-year veteran of the Richmond Fire Department and has held his present rank since 1989. He added
3 that his job description varies but he wanted to make a small comparison in his job responsibilities and those
4 of the people who report to him. He said a lieutenant in the department looks after one fire engine and two
5 firefighters along with other responsibilities.Allen looks after 24 men,six fire stations, six engines,two trucks
6 and those duties can expand at any time.The lieutenant's base salary is$24,930 and with benefits the total
7 salary is $31,183. Allen's present salary with no benefits is $30,713. He asked Council to take these things
8 into consideration.
9
.0 Councilmember Hutton suggested that the Mayor direct the department heads to willingly cut their budgets.
•1 Haisley told Councilmembers that he had worked at Belden Wire & Cable for 30 year's and was in
•2 management 27 of those years, dealing with very large budgets. He said when he went into upper
.3 management he made out an honest budget and was taught not to pad. He told Councilmembers that all
•4 they had to do was look around the community and they would understand why the City needs this money.
.5 He said he will sit down with Grimes the latter part of the week to figure out how to fund the buses for the
remainder of this year, adding that the newest bus is a 1989 and all need repairs. He said most of the city
vehicles are in about the same shape as the buses.
Common Council Minutes Cont'd
September 7, 1993
Page 11
1 Police Chief Dennis Rice said when he prepared his first budget he was told by a Councilmember he should
2 inflate it 10 percent because that was part of the game the department played with Council. He said his
3 response was that he would not to that because he felt it was his responsibility as a department head to
4 prepare a budget that he needed to operate his department, and he has done that for the past three years.
5 He addressed some of the inequities and asked Council to please give them some consideration.
6
7 Mayor Cornett said there is room for compromise, noting that this has gone through two meetings of the
8 Committee of the Whole which is supposed to get this process out of the way but it obviously didn't work. He
9 said the administration is flexible, adding that he would be happy to meet with President Lundy and make
10 another attempt at arriving at a compromise. Councilmember McBride stated again that Council has to
11 establish how much it has to spend then go about cutting the budget or allocating the funds with some
12 degree of intelligence.
13
14 President Lundy said she will get with the Mayor and take another look at the entire budget then
15 Councilmembers can get back together another night.
16
17 ORDINANCE NO.70-1993
18
19 The Clerk read Ordinance No. 70 - 1993 - A SPECIAL ORDINANCE AUTHORIZING A GRANT
20 APPLICATION TO THE INDIANA DEPARTMENT OF TRANSPORTATION
21
22 Milligan explained that this ordinance is the same form of ordinance adopted for the past several years and
23 authorizes the City to make an application to the U.S. Department of Transportation. The procedures
24 followed, he said, are to advertize it for public hearing tonight then it is appropriate to go ahead and pass the
25 ordinance so the grant application can be completed for the funding of the City's bus service for the next
26 year. Councilmember Hutton commented that of the entire budget the city only spends $70,000 in the
27 operation of the buses. Councilmember Parker moved to accept the proof of publication, second by
28 Councilmember Hutton and the motion was carried on a unanimous voice vote.
29
30 Hearing no comments either for or against the ordinance, Councilmember McBride moved for engrossment,
31 second by Councilmember Dickman and the motion was carried on a unanimous voice vote.
32
33 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 70- 1993 to third and final
34 reading and read by title only,second by Councilmember Parker and the motion was carried on a unanimous
35 voice vote.
36
37 The Clerk read Ordinance No.70-1993 on third reading.
38
39 Ordinance No.70-1993 was adopted on the following call of the roll:
40
41 Ayes:Elstro, Donat, McBride,Parker,Allen, Dickman,Hutton and Lundy(8)
42 Absent:Brookbank
43
44 ORDINANCES ON THIRD READING
45
46 ORDINANCE NO.58-1993
47
48 The Clerk read Ordinance No. 58 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE 1993
49 BUDGET
50
51 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 58 - 1993 to third and final
52 reading and read by title only, second by Councilmember Dickman and the motion was carried on a
53 unanimous voice vote.
54
55 In response to Councilmember Dickman's request, Milligan explained that this ordinance appropriates$4,284
56 for the purpose of enabling Council to make an animal control fund donation. He added that the dog and cat
57 tag ordinance was amended to add this possibility and now Council is funding the possibility to make that
58 donation. He said what this does is set up an appropriation of $4,284 in the 1993 budget from which
59 donations can be made to the shelter or for any other purpose. Councilmember Dickman asked about a
60 donation to the City to the general fund that covers the expenses of administering and whether that would
61 come out of that and Milligan said Council is already authorized to use the money for that.
62
63 President Lundy commented that if this ordinance is passed then the ordinance mentioned by
64 Councilmember Donat is to decide where Council wants to put the money. Milligan concurred and said the
65 ordinance suggested by Councilmember Donat will be initiated. Councilmember Hutton noted that these
funds are as of June 30.
83Q
Common Council Minutes Cont'd
September 7, 1993
Page 12
1 The Clerk read Ordinance No.58-1993 on third reading.
2
3 Ordinance No.58-1993 was adopted on the following call of the roll:
4
5 Ayes:Elstro, Donat,McBride, Parker,Allen,Hutton and Lundy(7)
6 Nays:Dickman (1)
7 Absent:Brookbank
8
9 OLD BUSINESS
10
1 There was none
2
3 MISCELLANEOUS BUSINESS
4
15 Councilmember Hutton moved to appoint Dr. Amy Vianno, 2713 South D Street, to the Police Merit
16 Commission,second by Councilmember Donat and the motion was carried on a unanimous voice vote.
17
8 ADJOURNMENT
9
0 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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8 Etta J. Lundy, President
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5 ATTEST:
6 Norma Carnes, City Clerk
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