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Home My Public Portal About07-18-1983 ems; , , PROCEEDINGS OF THE COMMON COUNCIL. OF THE CITY .:OF RICHMOND, INDIANA, JULY 183 1983 1 The Common Council .of the City of Richmond, Indiana, met in regular 2 session July 18, 1983 at the hour Of 7:30 p.m. in the Council Chambers 3 in the Municipal Building in said City. President Mills presided with 4 the following members present: Messrs. Elstro, Williams, Ms. Henry, 5 --Hankinson,- Welch, Parker, Carter and Paust. Absent: None. The following 6 business was' had", to-wit: . 7 8 DEVOTIONS 9 , 10 Councilwoman Robin .Henry gave devotions. . 11 12 APPROVAL OF MINUTES- OF JULY' 5, 1.983 13 '•_ 14 Councilman .Hankinson .moved the minutes of the previous meeting be approved 15 as prepared;:: seconded.by• Councilman Welch and on 'unanimous voice vote the 16 motion was carried. 18 RESOLUTIONS 19 . 20 Councilman-Welch moved to suspend the rules and read Resolution No. 14- 21 198,3-by title only; seconded by Councilman Elstro and on unanimous voice 22 vote .the motion was carried. 23 . 24 RESOLUTION NO.. 14-1983 III 25 . , 26 The Clerk .read.by .title only Resolution No. 14-1983 - A RESOLUTION OF THE 27 CITY. OF RICHMOND. TO"INDUCE .WAYNE' DAIRY. PRODUCTS, INC. AN INDIANA CORPORA- 28 • TION; TO- .CONSTRUCT'ADDTTIONAL IMPROVEMENTS. AND TO EXPAND AN ECONOMIC 29 DEVELOPMENT. FACILITY AND TO UNDERTAKE TO SELL AND DELIVER ADDITIONAL 30 REVENUE BONDS• :TO PAY :THE' COSTS THEREOF; AND OTHER MATTERS RELATING THERETO. 31 32 Speaking for-Resolution -No. 14-1983 was Attorney Andrew Cecere, 101 South 33 .10th 'Street,:which is for additional revenue bonds for Wayne Dairy Products, 34 Inc:.'-to construct additional facilities-,: Bonds were issued in 1977 and 35 business has- increased and the facility must be expanded. The Economic 36.. Development :Commission. prepared its report and resolution in which it • 37 endor.sed .the- expansion program. The job can be started soon and hopefully . 38 completed by .December or January. Mr. Wilbur Hockerman and Mr. Rick Ahaus 39 were present.representing Wayne Dairy.- 40 . .. • 41 Councilman Welch moved for adoption, seconded by Councilman Carter and on 42 unanimous- voice vote the motion was carried. 43 . 44 REPORT BY THE .MAYOR 45 46 Mayor Clifford Dickman congratulated Wayne Dairy for their expansion. 47 48 ORDINANCES 'ON 1ST READING 49 . 50 Councilman '.Welch moved to suspend 'the rules and read Ordinance No. 34-1983 51- on -first reading by title only, ..seconded by Councilman Williams and on 52 unanimous voice vote the motion was carried. 53 5,4 ORDINANCE NO.. 34-1983 . 55 , . 56• -The Clerk read on first 'reading by title only Ordinance No. 34-1983 - •AN 57 - - ORDINANCE FIXING SALARIES AND POSITIONS FOR APPOINTED OFFICERS 'AND EMPLOYEES 58 : OF -THE CITY OF RICHMOND, INDIANA FOR' THE FISCAL YEAR .BEGINNING JANUARY 1,. 59 - 1984 AND :ENDING DECEMBER 31, 1984 AND APPROVING"THE ADDITIONAL COMPENSATION 60 -TO CERTAIN:'APPOINTED OFFICIALS OF THE CITY, OTHER THAN GOVERNMENTAL, WHO 61 PERFORM SERVICES -FOR THE CITY, WHICH SERVICES ARE CONNECTED WITH THE 62 OPERATION OF MUNICIPALLY OWNED. UTILITY OR FUNCTIONS. • Common Council Minutes Cont'd. July 18, 1983 Page 2 1 Councilman .Welch moved to suspend the rules and read Ordinance No. 34-1983 2 on second reading .seconded by. Councilman Williams and on unanimous voice .3 vote the- motion was carried. A4 . 11/ '5. The Clerk read oh second reading Ordinance No. 34-1983. 6 7 1 ,President Mills, :noting a technical point, suggested this Ordinance should 8 ' • remain .on second reading until after Ordinance -No. 27-1983 is passed since 9 ' i.t is incorporated in this- ordinance. He recommended Council table the 10 ordinance •at this time. . 11 12 Councilman Welch so moved, seconded by. Councilmai -Williams and on 13 unanimous voice vote the motion was carried. 14 15 ORDINANCES ON 2ND READING - 16 'ORDINANCE NO. '27--1983 - , 17_ . • . 18 The Clerk read on second reading Ordinance No. 27-1983 - AN ORDINANCE • 19 FIXING THE ANNUAL SALARIES OF ALL ELECTED OFFICERS' .OF THE CITY OF 20 RICHMOND, INDIANA. 21 , • 22 City Attorney Ed Anderson examined proof of..publication fora.Ordinance . 23 , ' No. 27-1983 and found it to be in order. Councilman Welch, movedthe 24 proof be accepted and filed, seconded by Councilman Parker and on unanimous 25 voice vote.:the motion was' carried. 26 ' . 27 City Controller Don Meredith noted ,this represents a 3% salary increase. 28 Councilmen Williams and Paust stated the mayor's salary is.too low. If. 29 you check- the salaries of other., second class city mayors, they are-more 30 than here. .President Mills noted council- has the right to increase or 31 • decrease the salaries. • 32 33 President Mills announced Ordinance No. 27-1983 is on public hearing. 34 . 35 There being no one speaking for or against this ordinance, Councilman 36 ' Williams moved for engrossment,.:seconded by Councilman Welch and on 37 ' unanimous voice vote the motion was carried. 38' 39 , Councilman"Welch moved -to. 's.uspend the- -rules and read Ordinance No. 27-1983 40 ' ' on, third and final reading by title only, .seconded by: Councilman Williams 41 ,--and on unanimous voice vote the motion was carried. 42 43 The Clerk read on third -reading by title only Ordinance -No. 27-1983. 44 ' • 45 Ordinance No. 27-1983 was adopted by the following vote: 46 AYES: Elst.ro, Williams, Henry, Hankinson, 47 Welch, Parker, Carter, Paust, Mills (9) - 48 ' NOES: None ', (0) 49 50 ORDINANCE NO. 28-1983 51 52 The Clerk' read on second reading-Ordinance No. 28-1983.'- AN ORDINANCE 53 "AMENDING TITLE III,' ADMINISTRATION OF THE :MUNICIPAL CODE. OF 'THE CITY, OF , 54 RICHMOND, INDIANA, ESTABLISHING EXECUTIVE DEPARTMENTS AND ADMINISTRATIVE 55 ' POSITIONS. 56 57 President Mills announced Ordinance No. .28-1983 is on public hearing. 58 . . 59 , . Chairman. of. the Committee of the Whole Larry Parker gave his committee 60 ' report, noting all members except one were 'present. at the. committee 61 meeting:,, . Each. section and individual- items were gone over. All department • 62 .heads were present. He noted City Attorney Ed Anderson gave each council- 63 person a letter with the proposed amendments attached, • • - Common Council Minutes Cont'd. ' July 18, 1983 • Page 3 1 • Mr. Anderson' noted.. one of the concerns was whether. or not. this ordinance • 2 would-jeopardize the outstanding bonds .of the Sanitary District. He has 3 received a letter from Ice, ,Miller,: Donadio 'and Ryan, ' bond counsel,. stating 4 this in no way affects the obligation of the Sanitary District. He noted 5 the savings•_clause should be expanded to two (2) sections. One, would be 6 to. be sure that in no way this is disturbing the Sanitary:District as a 7 taxing entity and -the second part is not to -jeopardize the-outstanding bonds. 8 9 The first amendment is Section II Paragraph 9 to delete the- words 'to be 10 controlled and operated by the Park and -Recreation Board established." 11 Councilman Hankins-on so moved, seconded by Councilman Welch and on unanimous 12 voice' vote the motion was carried. - 13 -- • 14 The- next.-amendment -is Section II Paragraph .10 adding .''and -the.'budget of' 15 said' department- shall be reviewed and 'approved by the Common,'Council-=of 16' • theCity of.Richmond,-:Indiana as said budgets of all other' departments 17 created, hereunder. Councilman Hankinson so moved, seconded. by Councilman 18 ,Parker. , The- motion -carried with Councilman Welch voting no. • 19 . . 20 ." _ Councilman Carter stated the Sanitary Commissioners are left in `"left. ' 21 field' since' the Mayor appoints the-Superintendent of the Sanitary 'Departmenr. 22 Mr. Anderson noted the Commissioners approve the appointment by' the Mayor. 23 He-further noted. that the statute allowing 'home -rule does not allow conflict 24 with any otherrstatute. He quoted '36-9--25-1'O as being the statute giving . 25 the right to. establish.a rate and collect taxes. Councilman 'Welch stated 26 he feels there is a conflict in-what is- trying to be set up here. He further 27 stated the district extends beyond. the_ city and. the budget. is set for that 28 district and- not .the City: of Richmond,... . .Mr.: Anderson stated :.the. city has 29 four mile jurisdiction in certain areas end this is one of those areas. 30 ' CouncilmanCarter requested a list' -of the''exceptions. - ICouncilman Welch ' 31 asked how striking the Department of Public Sanitation -and re=establishing 32 an executive branch known as Public Sanitation affects the ordinances now 33 in effect where procedures, .regulatioris and powers are given.: Mr. Anderson 34:_ ' . _stated this in no way affects- any of the ordinances. ' Mr. Meredith noted 35` under 36-9-25 the council would act on the solid waste and bond- approp, 36 r'iations- that are on the ad velorum:-tax..- .On liquid waste- port-ion or the 37 user fee.counc.il would act bysetting.the ;rate.,. This is-similar to .what 38 is -now -done with RP&L. Under- 3.6-9-25-10 dealing with- the salary and positior. - 39- Ordinance, ;Council would act, on .all salaries.. Councilman Paust stated he . 40 concurs that Council should be the body to.,manage' the' Sanitation Department. . 41 He,.'is interested 'in-finding -out -what=has- to be done in. the 'State Legislature ' 42 .to get -this done. Councilman Welch stated understate statute establishing 43 the ability- .of second class cities to set-up Sanitary`District-s-, that : 44 ability rested 'with Common_ Councils. . ,The' City of Richmond established a_ 45 Sanitary District years ago and when they did' t.hat they gave powers to:, the 46 commission and board to govern themselves. That law is still in effect and . 47 until- that statute is changed, council does not have the -authority` to run - 48- the district. He further .stated he'does not believe council-has the legal 49 ability to do what they say they are going to do. On the user charge they • 50 do under -the ordinance.. - 51 III 52- P.resident Mills noted the law of. Indiana is that council can pass -any law 53 - it. wishes. ...Until that: law .is challenged.,._ it-wi11 be the law of the com- 54 munity. .City Council .does not incur. any liability by -reason of passing an 55 unconstitutional law. - ' - - - - - , • 56 . • . 57 The next .amendment.is Section- II:Paragraph 11 to str ke .the workboard:" 58 and. -substitute the word "branch". Councilman.Parker so moved, seconded -by . 59 • Councilman :Carter and on .unanimous voice vote the motion was carried. 60 .. 61 , "The next amendment, is Section II Paragraph 3 'to-strike "Ordinance No. 3178- 62 19-71" and -replace with "Ordinance No. '3178-1977". Councilman Hankinson 63 so moved-., seconded by Co.uncilman,Paust- and on-unanimous voice vote the : 64 motion was carried. Common Council Minutes• Cont'd. July 18, 1983 Page 4 1 The next amendment is to add a new section, Section V SAVINGS CLAUSE 2 3 , ,.1.. • ,Nbthing .in this ordinance shall b.e construed to. 4 terminate departments or .boards .established under prior law 5 if the General Assembly of the State of Indiana has indicated 6 that the act-repealing. the.prior law-was intended to be a 7 codification or a restatement thereof and that the substantive 8 operation and effect of that.-prior law continues uninterrupted. 9 10 • 2. . Nothing in this.ordinance shall. be .construed to 11 impair. 'the rights and remedies of the holders of any outstanding 12 bonds of the City or. any of its .departments or. boards or to • 13 • impair the obligations of the City or -any of its departments or 14 boards to. fulfill the terms of any agreements with the holders 15 of said .bonds. 16 . • 17 Councilman.Williams so moved, seconded by Councilman Paust and on 18 unanimous voice vote the motion was carried. 19 20 • The last amendment is to change Section V'EFFECT to read "Section VI 21 EFFECT". • Councilman Parker so moved,_ seconded.by Councilman Williams 22 and on unanimous voice vote the motion. was carried. 23 • • 24 . There being no public. speaking for- or against .this ordinance, Councilman 25 Hankinson moved for engrossment 'of Amended Ordinance No. 28-1983, 26 ' seconded by Councilman Paust and on unanimous voice vote the motion 27 was carried. 28 • . 29 Councilman.Williams moved to .suspend• the rules and read Amended Ordinance 30 ' . No. 28-1983 on third. and final reading by title only, seconded by Council- 31 • man Elstro and on a call of the roll Councilman Welch voted no. 32 . 33 Councilman Welch requested copies or time from Mr. Anderson to examine 34 ' Indiana Statute 36 and expalin those duties authorized by the State 35 Statute under that law. 36 ' 37 ORDINANCE NO. 34-1983 38 39 President Mills •requested Ordinance No. 34-1983 be brought off the table. 40 Councilman Welch so moved,. seconded by Councilman .Carter and on 41 unanimous. voice vote the motion was carried. 42 . • 43 City Controller Don, Meredith'noted this ordinance represents a 3% increase 44 with a -few exceptions which.he noted. He pointed out increases.-and 45 reductions of .employ.ees .in the various..departments. .Under .Off Street _ 46 Parking .theSupervisors salary was $10,009. and this year it is $6,620. 47 ' at the Supervisors' request.' It was requested this be reflected in the 48 minutes. - 49 50 President Mills -announced. Ordinance.No. 34-1983 is on public hearing. 51 52 ..There being.no-_one speaking for or against Ordinance No. 3.4-1983, Council- . • 53 . man Welch moved for engrossment, seconded by Councilman Parker and on 54 - ..unanimous voice vote the motion was carried. 55 56 Councilman .Welch moved .to suspend the rules and read Ordinance No. 34- 57 .1983 on third and final reading by title only, seconded by Councilman ' 58 Parker and"-on unanimous voice vote the motion was carried. • 59 60 The Clerk read on third reading by title only Ordinance No. 34-1983. _ 61. 62 Ordinance No. 34-1983 was adopted by the following vote: 63 AYES: Elstro, Williams, Henry, Hankinson, 64 •Welch, _Parker, Carter, Paust, Mills (9) NOES: None',.(0) 65 - - 66 - There being no further business on motion duly made, seconded and passed 67 the meeting was adjourned. • Kenneth Mills ZOO •• 71 ATTEST: eoFv llH�er TEimhle President 1