HomeMy Public PortalAbout02-02-1987 471
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CITY OF RICHMOND. INDIANA. FEBRUARY 2, 1987
1 The Common Council of the City of Richmond, Indiana met in regular session February 2, 1987 at
2 the hour of 7:30 P.M. in the Council Chambers in said City. President Brookbank presided with
3 the following Councilmembers present: Elstro, Williams, Hankinson, Whitesell, Parker, Hutton,
4 Morris and Theobald. Absent: None. The following business was had to-wit:
5
6 APPROVAL OF MINUTES OF JANUARY 20, 1987
7
8 Councilmember Hutton moved to approve the minutes of the previous meetings as prepared,
9 seconded by Councilmember Elstro and on unanimous voice vote the motion was carried.
10
11 COMMUNICATIONS FROM THE MAYOR
12
13 Mayor Frank H. Waltermann spoke to Joint Resolution No. 1-1987 between the City of Richmond
14 and Wayne County, Indiana committing to the planning, development and implementation of a
15 Countywide 9-1-1 emergency response and central dispatch.
16
17 Mayor Waltermann stated that in the past three (3) years much had been accomplished toward
18 the 9-1-1 system and the joint resolution presented now is the beginning of many joint
19 resolutions between the City and the County as we work together for the betterment of all
20 citizens.
21
22 Mayor Waltermann commented that the Resolution was a good instrument but not a perfect
23 instrument. He said it was a good catalyst for the implementation of the countywide 9-1-1. The
24 Mayor asked the support of the Council for the Joint Resolution and also asked for their support
25 on the revenue sharing appropriation for the funding of the 9-1-1 equipment.
26
27 Mayor Waltermann thanked the Common Council for their support and assistance in getting the 9-
28 1-1 system started.
29
30 PRESENTATION OF REMONSTRANCES, PETITIONS AND MEMORIALS
31
32 Councilmember Morris offered her apologies to President Brookbank for not calling her after the
33 recent defeat of the Purdue University basketball team by Indiana University. She added she
34 would try to remember in the future to offer her condolences if this should happen in the future.
35
36 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
37
38 Board of Works President, Susan Silberstein informed the Council that the Board had released
39 Clearview Cable from the Franchise Agreement default issue regarding the PEG channel. She
40 added that the Board and the Telecommunications Council had participated in a tour of the
41 Richmond High School broadcasting facilities and now with the dedication of the PEG channel it
42 was possible to broadcast government meetings by tape delay. Ms. Silberstein stated that the
43 school needs one piece of equipment for quality broadcasting.
44
45 Ms. Silberstein said the Board had approved Rose Festival requests for 1987 including the Moon
46 Light parade at a different location, the Rose Festival parade and a shortened time for vendors.
47 Ms. Silberstein also informed the Council that the Board had approved the installation of stop
48 signs at the intersection of N.W. 10th and B Streets.
49
50 Councilmember Williams asked if the Board could do anything to prevent pedestrians from walking
51 on the railroad trestle over the river gorge since there had been another fatality. Mr. Barden
52 indicated the City could post No Trespassing Signs and there is an ordinance regarding being on
53 the trestle and tickets have been issued. Mr. Barden added that the public must be educated about
54 the dangers.
55
56 Councilmember Williams also asked Mr. Barden if the City had any laws regarding elder abuse
57 other than state laws. Mr. Barden explained that cities cannot legislate against criminal offenses
58 and any law the City would pass would be less stringent than the state law.
59
60 Councilmember Hutton asked about regulations on tree trimming and Mr. Barden stated any
61 persons trimming trees on public right of way needed to provide the City with Proof of Liability
62 Insurance and sign an indemnification agreement.
63
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January 20, 1987
Page 2
1 Councilmember Hutton commented that someone was going door to door suggesting trees needed
2 trimming and was taking money from especially elderly persons without completing the work.
3
4 Mr. Barden indicated this was the third year he had been made aware of this type of scam and
5 that persons should not allow just anyone to do this work, but should check with reputable
6 business persons regarding pricing, etc.
7
8 REPORTS FROM STANDING COMMITTEES
9
10 REID HOSPITAL
11
12 President Brookbank reported the nurse shortage at Reid Hospital was improving and also
13 commented on the December financial situation.
14
15
16 PARK BOARD
17
18 Councilmember Hutton reported there would be a training session for all newly appointed
19 members of the Park Board on February 11, 1987 and the regular Park Board meeting would be
20 on February 12, 1987.
21
22
23 URBAN ENTERPRISE ASSOCIATION
24
25 President Brookbank announced the regular meeting of the Urban Enterprise Association on
26 February 3, 1987.
27
28
29 REPORTS FROM OTHER COUNCIL COMMITTEES
30
31 CAPITAL EQUIPMENT COMMITTEE
32
33 Councilmember Morris reported that the Capital Equipment Committee had met and that
34 representatives from the Council including herself and Councilmembers Whitesell and Elstro had
35 been present. She said that 542,743.00 in equipment purchases had been approved and the major
36 thrust of the expenditures were for public safety. Councilmember Morris added that the
37 Committee would be meeting again to establish second level priorities for equipment purchases
38 after they could determine what funds would be available.
39
40 Councilmember Morris stated that the Revenue Sharing Appropriation Ordinance on the agenda
41 include expenditures for capital equipment including the 9-1-1 equipment, Reservoir docks and a
42 truck.
43
44 ECONOMIC GROWTH AND DEVELOPMENT BOARD
45
46 President Brookbank announced the Council would be meeting with the Economic Development
47 1 Director, Bill McDermott, at 6:30 P.M. on February 17, 1987. She said the meeting would be to
48 update the Council on events of the office.
49
50 HUMAN RELATIONS ORDINANCE COMMITTEE
51
52 Councilmember Morris informed the Council that correspondence had been sent to organizations.
53 indicated in the recommendations for a Citizen Advisory Committee and she anticipated
54 nominations from those groups within the week.
55
56 MISCELLANEOUS BUSINESS
57
58 President Brookbank welcomed Scout Troop 119 to the Council meeting.
59
60 Councilmember Morris announced a meeting for the residents of the South side of Richmond on
61 February 25, 1987 at 7:00 P.M. in the Board of Works Room. She said the Mayor and Chief of
62 Police would also be in attendance and they would hopefully address some neighborhood problems
63 prior to spring.
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Common Council Minutes Cont'd
January 20, 1987
Page 3
1 President Brookbank also welcomed the members of the Wayne County Council, Wayne County
2 Commissioners and the County Attorney in attendance.
3
4 Humane Society - Violet Nelson
5
6 Violet Nelson of 116 N.W. H Street approached the Council regarding a Richmond Animal Humane
7 Society. She said there was no help in the community for animals and that many persons want to
8 be a part of such an organization at no charge. Ms. Nelson stated that they would do so much and
9 then turn the problem over to the Animal Warden. She said she now helps with such items as
10 funds for neutering of animals, stolen animals, etc.
11
12 President Brookbank stated she was in agreement with the need for a Humane Society and would
13 be appointing a committee at the next meeting to start working on the idea.
14
15 Councilmember Morris asked what was involved in establishing a humane society and Mr. Barden
16 reminded the Council that he had forwarded guidelines developed by the Wayne County Health
17 Department to the members of Council.
18
19 APPROVAL OF ATTENDANCE AT IACT CONFERENCE
20
21 Councilmember Morris moved to approve the conference fees for members of Council attending
22 the Indiana Association of Cities and Towns Legislative Conference on February 5, 1987,
23 seconded by Councilmember Hutton and on unanimous voice vote the motion was carried.
24
25 RESOLUTIONS
26
27 JOINT. RESOLUTION NO. 1-1987
28
29 Councilmember Morris moved to suspend the rules and read Joint Resolution No. 1-1987 by title
30 only, seconded by Councilmember Elstro and on unanimous voice vote the motion was carried.
31
32 The Clerk read by title only Joint Resolution No. 1-1987 - A JOINT RESOLUTION OF THE BOARD
33 OF COMMISSIONERS OF WAYNE COUNTY, INDIANA, THE COUNTY COUNCIL OF WAYNE COUNTY,
34 INDIANA, AND THE COMMON COUNCIL AND MAYOR OF THE CITY OF RICHMOND, INDIANA
35 COMMITTING TO THE PLANNING, DEVELOPMENT AND IMPLEMENTATION OF A COUNTYWIDE 9-1-1
36 EMERGENCY RESPONSE AND CENTRAL DISPATCH SYSTEM.
37
38 President Brookbank requested Councilmember Whitesell to speak for the Joint Resolution.
39
40 Councilmember Whitesell gave some background information on 9-1-1 developments over the
41 past three years. He said that meetings started in May of 1984 with the Common Council meeting
42 as a Committee of the Whole and reviewing proposals by the Police Chief and Sheriff. He said a
43 number of issues were raised at that time and it was decided to deal with 9-1-1 in greater detail.
44 He said the idea of a countywide 9-1-1 lead to three years of meetings, reports, delays,
45 confusion, red tape and the trials of blending two government bodies.
46
47 Councilmember Whitesell indicated that when it was apparent that more details were needed the
48 City and County engaged a consultant for recommendations on a countywide system and the
49 findings of the consultant took longer than anticipated and was just received in mid-January of
50 1987. He said that during.a meeting on January 19, 1987 between the City and County it was
51 agreed upon that Enhanced 9-1-1 was the best system and that a countywide system was do able
52 and feasible.
53
54 Councilmember Whitesell commented on Police Chief Nimitz and Sheriff Andrews meeting and
55 being agreeable to central dispatch with certain conditions being met. He said this was a major
56 step and those two departments deserve credit. He said that Mayor Waltermann had expressed
57 concern regarding the financial burdens be fairly distributed to prevent any unfair burden on City
58 residents in particular and he feels the Joint Resolution presented addresses the concerns of both
59 Chief Nimitz and Mayor Waltermann.
60
61 Councilmember Whitesell asked the Council's support on the Joint Resolution as passed by the
62 County Commissioners and County Council and stated the result would be beneficial to the citizens
63 of Richmond and Wayne County.
4.74
Common Council Minutes Cont'd
January 5, 1987
Page 4
1 Also speaking for Joint Resolution No. 1-1987 was County Attorney, Gregg O'Maley. Mr.
2 O'Maley stated that the County and City were on the threshold of something significant and
3 historic in Joint Resolution No. 1-1987. He said he put the resolution together using three
4 references including the Consultant's report, history of the EOC and the joint meeting of the City
5 and County. Mr. O'Maley stated that the County Commissioners, County Council and Sheriff have
6 unanimously approved the Joint Resolution. Mr. O'Maley indicated that after the joint meeting on
7 the 19th, Mayor Waltermann expressed concerns about financing and the original draft version of
8 the resolution had not addressed the financial concerns. He said that language was added to the
9 final version addressing both recurrent and nonrecurrent costs by the City and County.
10
11 Mr. O'Maley stated that if the Joint Resolution was not passed and if the City established 9-1-1
12 citywide there were other concerns to be taken into consideration. Mr. O'Maley indicated that
13 the concern of the cost speaks for itself with the joint being financially responsible. He said it
14 would also be contrary to the Consultant's report and the County would also need to consider
15 county residents with Richmond telephone exchanges being dispatched by the Richmond Police. He
16 said there were over 5,000 County residents with Richmond telephone numbers and the City
17 should look at the liability they would be assuming dispatching for those citizens. He added that
18 along with it being inappropriate, he considered it unlawful.
19
20 Mr. O'Maley said a great deal of effort had gone into the Joint Resolution and that Chief Nimitz
21 and Sheriff Andrews should be commended. Mr. O'Maley finished by stating that he recommend
22 the City and County join together and reflect a positive spirit.
23
24 Councilmember Whitesell informed those interested that the HB 1582 was scheduled for
25 committee hearing on February 3, 1987 and it addressed potential funding for the equipment and
26 operations for 9-1-1 systems.
27
28 County Commissioner, Max Smith also commended Chief Nimitz and Sheriff Andrews for their
29 willingness to cooperate on the central dispatch. He explained that the Commissioners cannot
30 force other County entities to get involved and they respect the right of the other government
31 units to make a determination on the 9-1-1. He said the Resolution allows a functional system to
32 be worked out and hopefully the outlying areas will become involved on the merits of the system.
33 Mr. Smith stated there was a meeting set for February 10, 1987 for the Consultant to explain
34 the report and all public service providers throughout the County have been invited.
35
36 There being no further discussion offered, Councilmember Morris noted that it was with great
37 pleasure she moved for adoption of Joint Resolution No. 1-1987, seconded by Councilmember
38 Whitesell and on unanimous voice vote the motion was carried.
39
40 Joint Resolution No. 1-1987 was adopted.
41
42 ORDINANCES
43
44 ORDINANCES ON FIRST READING
45
46 Councilmember Morris moved to suspend the rules and read Ordinances No. 7, 8,9-1987 on first
47 reading by title only, seconded by Councilmember Whitesell and on unanimous voice vote the
48 motion was carried.
49
50 ORDINANCE NO. 7-1987
51
52 The Clerk read on first reading by title only Ordinance No. 7 -1987- AN ORDINANCE AMENDING
53 CERTAIN SECTIONS OF CHAPTER 97 OF THE RICHMOND CODE AS ADOPTED BY AMENDED
54 ORDINANCE 47-1986, REGULATING THE PLANTING, MAINTENANCE, CARE AND REMOVAL OF
55 TREES WITHIN THE PUBLIC RIGHT-OF-WAY.
56
57
58 President Brookbank assigned Ordinance No. 7-1987 to the Street Tree Commission for further
59 study and recommendation and requested a report be made to the Common Council on March 16,
60 1987.
61
62
63
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Common Council Minutes Cont'd
February 2, 1987
Page 5
I APPROPRIATION ORDINANCE NO. 8-1987
2
3 The Clerk read on first reading by title only Appropriation Ordinance No. 8-1987 - AN
4 ORDINANCE TO APPROPRIATE WITHIN THE FEDERAL REVENUE SHARING FUND.
5
6 President Brookbank announced Ordinance No. 8-1987 would be advertised for public hearing.
7
8 ORDINANCE NO. 9-1987
9
10 The Clerk read on first reading by title only Ordinance No. 9-1987 - AN ORDINANCE AMENDING
11 ORDINANCE NO. 61-1986 RATIFYING THE SALARIES, WAGES AND POSITIONS FOR APPOINTED
12 OFFICERS AND EMPLOYEES OF THE RICHMOND SANITARY DISTRICT FOR THE FISCAL YEAR
13 BEGINNING JANUARY 1, 1987 AND ENDING DECEMBER 31,1987 AS ADOPTED BY THE BOARD OF
14 SANITARY COMMISSIONERS.
15
16 Councilmember Morris moved to suspend the rules and move Ordinance No. 9-1987 to second
17 reading, seconded by Councilmember Parker and on unanimous voice vote the motion was carried.
18
19 The Clerk read Ordinance No. 9-1987 on second reading.
20
21 President Brookbank announced Ordinance No. 9-1987 was on public hearing.
22
23 Speaking for was Mr. Jerald Judge, Sanitary District Administrator. Mr. Judge explained that
24 there was a need to add two (2) additional helpers to the salary ordinance for the truck crews
25 since consolidation of crews on the one man system had not taken place as soon as expected.
26
27 There being no further comment, Councilmember Hankinson moved for engrossment of Ordinance
28 No.9-1987, seconded by Councilmember Whitesell and on unanimous voice vote the motion was
29 carried.
30
31 Councilmember Morris moved to suspend the rules and read Ordinance No. 9-1987 on third and
32 final reading by title only, seconded by Councilmember Whitesell and on unanimous voice vote the
33 motion was carried.
34
35 The Clerk read Ordinance No. 9-1987 on third and final reading by title only.
36
37 Ordinance No. 9-1987 was adopted on the following call of the roll:
38
39 Ayes: Elstro, Williams, Hankinson, Whitesell, Parker, Hutton, Morris, Theobald and Brookbank.
40 (9)
41 Nays: None
42
43 ORDINANCES ON SECOND READING
44
45
46 ORDINANCE NO. 85-1986
47
48 The Clerk read on second reading Ordinance No. 85-1986 - AN ORDINANCE AMENDING CHAPTER
49 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE
50 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF
51 PROPERTY LOCATED AT 401 SOUTH "Q"STREET FROM M-1 LIGHT INDUSTRIAL DISTRICT AND R-3
52 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT TO M-1 SU AND R-3 AND R-3 SU AND PROVIDING
53 FOR THE SPECIAL USE OF SAID PROPERTY AS AN AUTOMOBILE ACCESSORY STORE AND ALSO AS
54 AN ACCESS DRIVE SERVING AS ACCESSORY OFF-STREET PARKING.
55
56 President Brookbank announced a request had been received from the Mr. Robert Burton,
57 Attorney for the petitioner, to withdraw the petition.
58
59 Councilmember Morris moved to strike Ordinance No. 85-1986 from the agenda, seconded by
60 Councilmember Hutton and on unanimous voice vote the motion was carried.
61
62
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Common Council Minutes Cont'd
February 2, 1987
Page 6
1 Mr. Barden informed the Council that state law changes now only required a simple majority of
2 Common Council to override a decision of the Plan Commission.
3
4 APPROPRIATION ORDINANCE NO. 3-1987
5
6 The Clerk read on second reading Appropriation Ordinance No. 3-1987 - AN ORDINANCE TO
7 APPROPRIATE WITHIN THE PARK FUND.
8
9 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Morris
10 moved to accept and file the Proof of Publication, seconded by Councilmember Parker and on
11 unanimous voice the motion was carried.
12
13 President Brookbank announced Ordinance No. 3-1987 was on public hearing.
14
15 Speaking for Ordinance No. 3-1987 was Park Superintendent, Nancy MacCartney. Ms.
16 MacCartney informed the Council that the 135,000.00 appropriation was for the filtration
17 system at the swimming pool. She said the funds had been available in the cash operating balance
18 due to prudent spending in the 1986 budget.
19
20 There being no further discussion, Councilmember Elstro moved for engrossment of Ordinance No.
21 3-1987, seconded by Councilmember Williams and on unanimous voice vote the motion was
22 carried.
23
24 Councilmember Elstro moved to suspend the rules and move Ordinance No. 3-1987 to third and
25 final reading and read by title only, seconded by Councilmember Hutton and on unanimous voice
26 vote the motion was carried.
27
28 The Clerk read Appropriation Ordinance No. 3-1987 on third and final reading by title only.
29
30 Appropriation Ordinance No. 3-1987 was adopted on the following call of the roll:
31
32 Ayes: Elstro, Williams, Hankinson, Whitesell, Parker, Hutton, Theobald, Morris and Brookbank
33 (9)
34 Nays: None
35
36 APPROPRIATION ORDINANCE NO. 4-1987
37
38 The Clerk read on second reading Appropriation Ordinance No. 4-1987 - AN ORDINANCE TO
39 APPROPRIATE WITHIN THE LOCAL ROAD AND STREET FUND.
40
41 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Parker
42 moved to accept and file the Proof of Publication, seconded by Councilmember Hutton and on
43 unanimous voice vote the motion was carried.
44
45 President Brookbank announced Ordinance No. 4-1987 was on public hearing.
46
47 Speaking for Ordinance No. 4-1987 was Public Works Director, Ralph Willis. Mr. Willis informed
48 the Council that the appropriation from Local Road and Street funds was for supplies, paving and
49 materials and also for contractual arrangements for street sweeping.
50
51 Councilmember Elstro asked about leasing street sweeping equipment rather than contracting it
52 and questioned the investment with the inability to get close to the curbs with cars parked in the
53 way.
54
55 Mr. Willis indicated they would work on a schedule of sweeping each street every twenty-eight
56 (28) days and hopefully with some public education could get cooperation to get cars moved from
57 one side of the street to the other to accommodate the sweeping program.
58
59 Councilmember Elstro stated he would like to see the equipment leased and use local help for the
60 labor.
61
62 Mr. Willis explained that probably the labor would be local and this could be a condition of the
63 specifications.
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Common Council Minutes Cont'd
February 2, 1987
Page 7
1 In response to a question regarding the City being able to do the sweeping cheaper than
2 contracting it, Mr. Willis said that with the restrictions placed by state laws on prevailing
3 wages, etc. he doubted the City could do it cheaper. He added that the equipment purchase alone
4 would be 78,000.00 to 85,000.00 and an entire program could not be built around one (1) piece
5 of equipment.
6
7 Councilmember Hutton asked about continued contracting of sweeping in the downtown area and
8 Mr. Willis indicated it would continue. Mr. Willis said that street sweeping had probably been a
9 major failure of the Public Works Department since the equipment was old and they were not able
10 to afford to replace three pieces of equipment. He indicated that it will be better handled by
11 contracting the job to professionals.
12
13 Councilmember Morris said she agreed that the job of sweeping had not been satisfactory, but
14 wanted to know how many persons would be eliminated from employment if the work was
15 contracted.
16
17 Mr. Willis said that three (3) jobs would be eliminated by attrition and this would allow more
18 funds to be placed into part time help to be utilized in good weather when the most work can be
19 accomplished.
20
21 Councilmember Morris asked about the life of a street sweeper if the equipment would be
22 purchased and Mr. Willis stated they could expect five to six years of life for the equipment and
23 the brooms wear out monthly.
24
25 Councilmember Parker requested that the specifications include local labor be used.
26
27 Councilmember Elstro stated he would like to see some comparisons with the City doing the work
28 and leasing the equipment along with the contractual figures.
29
30 There being no further discussion, Councilmember Hankinson moved for engrossment, seconded
31 by Councilmember Whitesell and on unanimous voice vote the motion was carried.
32
33 Councilmember Morris moved to suspend the rules and move Ordinance No. 4-1987 to third and
34 final reading and read by title only, seconded by Councilmember Whitesell and with
35 Councilmember Elstro voting no the motion was defeated.
36
37 Appropriation Ordinance No. 4-1987 will be on third and final reading on February 17, 1987.
38
39 CHANGE OF MEETING NOTICE
40
41 President Brookbank reminded the Council that the next regular meeting of the Common Council
42 would be February 17, 1987 due to February 16, 1987 being an observed Holiday.
43
44 ADJOURNMENT
45
46 There being no further business, on a motion duly made, seconded and passed, the meeting was
47 adjourned.
48
49
50
51 Jane R. Brookbank, President
52
53
54 ATTEST:
55 Mary Merchanthouse, City Clerk
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