HomeMy Public PortalAbout03-16-1987 485
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND,INDIANA, MARCH 16, 1987
1 The Common Council of the City of Richmond, Indiana met in regular session March 16, 1987 at the hour of
2 7:30 P.M. in the Council Chambers in said City. President Brookbank presided with the following
3 Councilmembers present: Elstro, Williams, Whitesell, Parker, Hutton, Morris and Theobald. Absent:
4 Hankinson. The following business was had to-wit:
5
6 APPROVAL OF MINUTES OF MARCH 2.1987
7
8 Councilmember Whitesell moved to approve the minutes of the previous meetings as prepared, seconded by
9 Councilmember Hutton and on unanimous voice vote the motion was carried.
10
11 COMMUNICATIONS FROM THE MAYOR
12
13 Mayor Frank H.Waltermann informed the Council that he had recently attended the National League of Cities
14 Legislative Conference in Washington D.C. Mayor Waltermann said the outlook for many programs for cities
15 and towns is not good and cuts are being considered,yet the deficit continues to rise. He said there were no
16 plans for raises in income taxes, but a plan was being considered to make municipalities pay a 9& gasoline
17 tax.
18
19 Mayor Waltermann stated that cities and towns continue to loose revenue, yet more mandates are being
20 places on them by the Federal government. He said it was now up to the cities and towns to survive through
21 innovative ways of financing programs.
22
23 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
24
25 Board President, Susan Silberstein reported to the Council that the Board had received bids for police
26 cruisers, pool filtration system and trucks and had awarded the bids for the police cruisers. Mr. Silberstein
27 said the Board accepted the resignation of Police Officer Richard Stork and approved the hiring of Michael
28 French as a probationary police officer.
29
30 Ms. Silberstein also reported on establishment of no parking and restricted parking around the high school.
31
32 REPORTS_ FROM SPECIAL COMMITTEES
33
34 COMMITTEE OF THE WHOLE
35
36 Councilmember Whitesell announced the following tentatively set meetings of the Committee of the Whole to
37 tour various City Departments and review their operations:
38
39 Police Department-April 13, 1987 at 7:00 P.M.
40 Housing Authority-April 16, 1987 at 7:00 P.M. at Sycamore Square
41 Park Department-April 18, 1987 at 9:00 A.M.
42
43 Councilmember Whitesell said he would give other dates for meetings as soon as the various departments
44 respond.
45
46 HUMANE SOCIETY COMMITTEE
47
48 Councilmember Parker announced there would be a public meeting for all interested in a Humane Society on
49 March 18, 1987 in the Board of Works Room at 7:30 P.M.
50
51 REPORTS FROM STANDING COMMITTEES
52 - -
53 PLAN COMMISSION
54
55 Councilmember Morris announced a meeting of the Master Plan Steering Committee on March 18, 1987 at
56 7:00 P.M. in the Planning Office. She also added that she and Mr. Dooley would like to update the Council on
57 the Master Plan at the next meeting of the Common Council.
58
59 MISCELLANEOUS BUSINESS
60
61 EXPANSION OF CABLE SERVICE INTO REEVESTON
62
63 President Brookbank announced that she had invited Mr. Greg Merchanthouse, a resident of the Reeveston
64 Area to comment on the fact that there is no cable service available in that area.
65
48
Common Council Minutes Cont'd
March 16, 1987
Page 2
1 Mr. Greg Merchanthouse, 2050 Reeveston Road, informed the Council he felt there were a lot of
2 misunderstanding about the expansion of cable service into the Reeveston area. Mr. Merchanthouse said
3 the residents are not certain of what cable expects of them and what they can expect from cable to get
4 service into the area. He said he received a note in his mail box that they had been there to see him about
5 an easement assignment to receive cable and the note had asked him to sign a legal document regarding an
6 easement with no explanations. Mr Merchanthouse commented that he is a businessman handling legal
7 documents and this document was intimidating.
8
9 Mr. Merchanthouse stated that he has contacted many of his neighbors and they are unaware of the
10 activities of the Telecommunications Council in regards to the cable expansion into Reeveston and would be
11 more cooperative if proper explanations had been given as to easement rights and what the construction
12 entails.
13
14 Mr. Merchanthouse shared a map of the Reeveston area with the Council. The map detailed the easements
15 granted and denied. He said his property is not marked as having granted an easement, even though he
16 returned his quite some time ago. He added that a proper explanation would alleviate the confusion and
17 many others would be willing to be subscribers to cable.
18
19 Mr. Merchanthouse also asked about using the medians as a method of getting cable into the homes in
20 Reeveston instead of easements through the yards. He said he also volunteered to assist Clearview cable
21 by talking to persons in the area and they never contacted him about assisting.
22
23 President Brookbank stated that there have been public meetings for the residents of the area and many
24 have attended. She said they have made efforts to get the residents together.
25
26 President Brookbank indicated she had also received a letter in support of the cable expansion from Mr.
27 David Runyon.
28
29 Mr. Max Duke of 209 South 19th Street also informed the Council that he has spoken with his neighbors and
30 they feel there is no hope of getting cable into the area. Mr. Duke said they are tired of the issue being
31 batted around. Mr. Duke also questioned the use of the medians. He said he is interested in helping to get
32 cable service in the area. Mr. Duke also commented on the fact that the person bringing the easement
33 assignment not being a notary and the confusion this causes in getting the documents signed.
34
35 Mr. Merchanthouse asked the Council to also investigate the use of RP&L easements or the process of
36 eminent domain to be able to access the properties from the rear for cable service.
37
38 Mr. Duke suggested checking with General Telephone since all the residents of the area have telephone
39 service.
40
41 Councilmember Morris stated she has met with many residents of the area and persons are interested. She
42 said after a while it becomes an exercise in futility and said she wonders about the sincerity of an
43 organization not wanting additional business. She added that a well publicized meeting might get
44 attendance and she would be willing to help.
45
46 Councilmember Whitesell asked about the easement rights of the City.
47
48 Mr. Barden commented that he had also signed an easement,yet it did not show on the map from Clearview.
49 Mr. Barden explained to the Council that the easements for RP&L are by prescription which means they are
50 not dedicated and recorded, but rather have been in existence ten years or longer. He said he is not certain
51 that utilities can piggyback on prescriptive easements as they can on dedicated easements.
52
53 Councilmember Whitesell said Mr. Huffman indicated there were new lines recently installed in the area and
54 asked if it would be possible to contract RP&L to put in the cable and let Clearview tie into it.
55
56 Mr. Barden stated it could be tried and if there were no objections they would also become easements by
57 prescription within the time limit.
58
59 Councilmember Whitesell stated that he feels Council does hold some controls over the issue to see that the
60 mechanism gets done. He said Council could get the cable installed and tell Clearview to hook up. He said
61 that even with a public meeting,there will still be people blocking the easements.
62
63 Councilmember Whitesell added that the project needs to be done or forgotten about, but the City should not
64 allow the Clearview to determine if the project be done or not. He said the City should designate how to
65 proceed and tell Clearview to do it.
tIommzin Council Minutes-Cont'd
March 16, 1987
Page 3
1 OMBUDSMAN POSITION REPORT
2
3 Ms. Sue Roberson, Director of Administrative Services for the City, reported to the Council on a position
4 description developed for an Ombudsman. Ms. Roberson said the description was developed from
5 information from other cities and information received at the meetings on the issue. She said the budget as
6 presented was based on an annual basis and could be adjusted for part time or contractual work. Ms.
7 Roberson said she also envisions the position as a preventive type position along with other duties in
8 assisting persons with problems.
9
10 Councilmember Elstro asked about the 5,000.00'included for the Human Services Administrator and Ms.
11 Roberson explained that the Human Services Administrator would be supervising the Ombudsman and that
12 position receives no city funding.
13
14 Councilmember Williams asked how complaints are now handled and Ms. Roberson said they are on a hit and
15 miss basis. She said the City has forms available to file complaints with other agencies, but not the time to
16 assist the persons with the filing. _
17
18 Councilmember Williams commented he felt the City would be wasting the funds and the position was not
19 going to work out.
20
21 Councilmember Whitesell stated that Ms. Roberson had been requested to present a position description to
22 the Council and had done a good job on that request. He asked about contracting the services out like the
23 City of Dayton,Ohio.
24
25 Ms. Roberson stated many cities use that approach and the Council would need to consider what problems
26 they want handled and if they also want issues dealing with the City involved in the position. She said he
27 position has a lot of potential.
28
29 Councilmember Morris asked who persons can now go to if they need assistance in filling out and filing forms
30 with other agencies and Ms. Roberson stated it was not well handled now and locally only unions provided
31 assistance when filing with the National Labor Board.
32
33 Street Tree Commission-Ordinance No. 7-1987
34
35 Mr. Barden informed the Council that the Street Tree Commission is meeting next week and would be
36 revamping Ordinance No.7-1987 to bring back to Council at the next regular meeting.
37
38 Spring Clean up and Litter Violations
39
40 Mr. Jerald Judge, Richmond Sanitary District Administrator, informed the Council that Spring Clean Up is
41 from April 20, 1987 to May 15, 1987. Mr. Judge said they will be doing special pick ups with the regular
42 routes and if there are special items to be hauled, persons should contact the Sanitary District.
43
44 Mayor Waltermann announced a pilot project for neighborhood clean up to be on April 11, 1987 in the
45 Holsapple area. He said they will utilize new containers to be left in the neighborhood over the week end for
46 disposal of trash and also a Boy Scout Troop will be involved in assisting with the clean up along with
47 manpower provided by the City.
48
49 City Clerk, Mary Merchanthouse also reported that complaints on litter can be turned into the Sanitary
50 District,the Mayor's Office or the Citizen's Action Call line. She said they are now aggressively pursuing the
51 litter violations through both the tenants and owners.
52
53 ORDINANCES
54
55 ORDINANCES ON FIRST READING
56
57 Councilmember Whitesell moved to suspend the rules and read Ordinances No. 11, 12, 13, 14 and 15-1987
,ii 58 on first reading by title only, seconded by Councilmember Elstro and on unanimous voice vote the motion
59 was carried.
60
•
61 ORDINANCE NO.11-1987
62
63 The Clerk read on first reading by title only Ordinance No. 11-1987-AN ORDINANCE TO ANNEX TO THE
64 CITY OF RICHMOND, INDIANA CERTAIN CONTIGUOUS TERRITORY, ADJACENT AND ABUTTING
65 THERETO,DESCRIBING THE SAME,PROVIDING FOR THE PUBLICATION THEREOF,AND FIXING THE
Common Council Minutes Cont'd
March 16, 1987
Page 4
1 TIME WHEN THE SAME SHALL TAKE EFFECT.
2
3 Councilmember Whitesell stated he felt the Ordinance should be held for public hearing to allow the public
4 time to respond to the annexation.
5
6 Councilmember Morris explained that it was in regards to a sub division expansion
7
8 Councilmember Parker stated that in the future it would be helpful to have a street description along with the
9 legal and possibly a sketch of the area.
10
11 Ordinance No. 11-1987 will be held for second reading on April 6, 1987.
12
13 ORDINANCE NO.12-1987
14
15 The Clerk read on first reading by title only Ordinance No. 12-1987-AN ORDINANCE AMENDING SECTION
16 92.99 OF THE RICHMOND CITY CODE AS IT CONCERNS THE PENALTY FOR NON-COMPLIANCE OF THE
17 RICHMOND SMOKE ALARM ORDINANCE.
18
19 President Brookbank announced Ordinance No. 12-1987 would be advertised for public hearing.
20
21 Mr. Barden explained that Ordinances 12 and 13 are in response to the Fire Department experience with
22 citing smoke detector violations. He said No. 12 changes the penalty from a general penalty violation to a
23 100.00 ticket payable in the Clerk's Office. He said the offense must also now be an infraction and not a
24 misdemeanor. He said it will also enable the Fire Department to ticket on the spot for violations. Mr. Barden
25 added it will make the procedure more efficient and they can handle it administratively rather than through
26 the courts.
27
28 Councilmember Parker stated he supported the Alarm Ordinance but does not feel it is realistic to expect the
29 Fire Department to inspect for alarm violations.
30
31 Mr. Barden said they would not necessarily have to inspect,but respond to calls and routine checks.
32
33 Councilmember Morris reminded the Council that there will be a Fire Prevention Chief appointed and asked if
34 routine inspections can be done.
35
36 Mayor Waltermann said that two or more family dwellings are now considered a public building and must be
37 inspected.
38
39 Mr. Barden suggested that Ordinance No. 13 be assigned to a committee of the Council and added that it
40 deals with smoke detectors being required in all structures over a certain size. He said the issue might be
41 moot if the state passes legislation requiring smoke detectors in all structures.
42 ,
43 ORDINANCE NO.13-1987
44
45 The Clerk read on first reading by title only Ordinance No. 13-1987-AN ORDINANCE AMENDING CHAPTER
46 92 OF THE RICHMOND CITY CODE BEING THE FIRE PREVENTION CODE AS IT CONCERNS LOCATIONS
47 WHERE SMOKE DETECTORS SHALL BE REQUIRED.
48
49 President Brookbank assigned Ordinance No. 13-1987 to the Public Safety Committee of the Common
50 Council.
51
52 APPROPRIATION ORDINANCE NO.14-1987
53
54 The Clerk read on first reading by title only Appropriation Ordinance No. 14-1987 - AN ORDINANCE TO
55 APPROPRIATE WITHIN THE GENERAL FUND.
56
57 President Brookbank announced Appropriation Ordinance No. 14-1987 would be advertised for public
58 hearing.
59
60 ORDINANCE NO.15-1987
61
62 The Clerk read on first reading by title only Ordinance No. 15-1987 - AN ORDINANCE AMENDING
63 ORDINANCE NO.53-1986(1987 SALARY ORDINANCE FOR THE CITY OF RICHMOND, INDIANA, FOR THE
64 FISCAL YEAR BEGINNING JANUARY 1, 1987 AND ENDING DECEMBER 31,1987)
65
489
Common Council Minutes Cont'd
March16, 1987
Page 5
1 Councilmember Morris moved to suspend the rules and move Ordinance No. 15-1987 to second reading,
2 seconded by Councilmember Parker and on unanimous voice vote the motion was carried.
3
4 The Clerk read Ordinance No. 15-1987 on second reading.
5
6 President Brookbank announced Ordinance No. 15-1987 was on public hearing.
7
8 Speaking for Ordinance No. 15-1987 was Ms. Janet Sams, Manager of Rose View Transit. Ms. Sams
9 explained to the Council that the Assistant Manager had retired and she not wanted to take the money
10 allocated for that position to pay for additional responsibilities to the bus maintenance position and to add
11 additional money to the Secretary Bookkeeper position since it would also have additional responsibilities.
12 She explained there was no additional funds required only giving more money to established positions to
13 additional responsibilities assumed.
14
15 Councilmember Whitesell noted that the ordinance alluded to the position of bookkeeper and asked if the
16 position description shouldn't also have the same job title.
17
18 Ms. Sams indicated she would change the job description.
19
20 Mr. Bob Nicholi, Officer in charge of Police Dispatch, explained to the Council the need to add the three (3)
21 additional dispatchers to the salary ordinance at this time. He said it was necessary to train the dispatchers
22 to have them certified for the E 9-1-1 and central dispatch system.
23
24 Councilmember Morris asked what training would be included and Officer Nicholi indicated it would include
25 CPR, First Aid, Fire dispatch, Ambulance dispatch, and IDEX and NCIC Systems training along with all the
26 additional responsibilities for the E 9-1-1.
27
28 There being no further comment,Councilmember Williams moved for engrossment of Ordinance No. 15-1987,
29 seconded by Councilmember Whitesell and on unanimous voice vote the motion was carried.
30
31 Councilmember Williams moved to suspend the rules and move Ordinance No. 15-1987 to third and final
32 reading and read by title only, seconded by Councilmember Elstro and on unanimous voice vote the motion
33 was carried.
34
35 The Clerk read Ordinance No. 15-1987 on third and final reading by title only.
36
37 Ordinance No. 15-1987 was adopted on the following call of the roll:
38
39 Ayes: Elstro,Williams,Whitesell, Parker, Hutton, Morris,Theobald and Brookbank (8)
40 Nays: None
41 Absent: Hankinson
42
43 ADJOURNMENT
44
45 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
46
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49
50 Jane R. Brookbank, President
51
52 ATTEST:
53 Mary Merchanthouse, City Clerk
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