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HomeMy Public PortalAbout11-01-1982 Aed • PROCEEDINGS OF. THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, NOVEMBER 1, 1982 1 The Common Council of the City of Richmond, Indiana, met in regular 2 session November 1, 1982 at the hour of 7:30 p.m. in the Council Chambers 11/ 3 in the Municipal. Building in said City. President Mills presided with 4 the following members present: Messrs. Elstro, Williams, Ms. Henry, 5 Hankinson, Parker, Carter and Paust. Absent: Welch. The following 6 business 'was had, to-wit: 7 8 DEVOTIONS 9 10 Devotions were given by President Mills. 11 12 APPROVAL OF MINUTES OF OCTOBER 18, 1982 13 14 Councilman Hankinson moved to approve the minutes of the previous meeting 15 as received, seconded by Councilman Williams and on unanimous voice vote 16 the motion was carried. 17 18 RESOLUTIONS 19 20 Councilman Hankinson moved to suspend the rules and read Resolution 21 Nos. 11-1982, 12-1982 and 13-1982 by title only, seconded by Councilman 22 Williams and on unanimous voice vote the motion was carried. 23 24 RESOLUTION NO. 11-1982 25 26 The Clerk read by title only Resolution No. 11-1982 - A RESOLUTION TO 27 AUTHORIZE THE AMENDMENT OF AN APPLICATION WITH THE UNITED STATES OF 28 AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR EXISTING 29 HOUSING ASSISTANCE PAYMENTS FOR THIRTY-FOUR (34) LOW INCOME FAMILIES, 30 AS PROVIDED IN SECTION 8 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT 31 OF 1974. 32 33 President Mills noted this is the Resolution requested by Mr. Keith 34 McGathey two (2) weeks ago. 35 36 Councilman Hankinson moved for adoption of Resolution No. 11-1982, 37 seconded by Councilman Carter and on unanimous voice vote the motion 38 was carried. 39 40 RESOLUTION NO. ' 12-1982 41 42 The Clerk read by title only Resolution No. 12-1982 •- A RESOLUTION IN 43 SUPPORT OF THE RICHMOND RESISTING CITIZENS ACTION COALITION COMMITTEE. 44 45 President Mills noted this is the Resolution requested by the citizens 46 fighting the Gas Corporation increase two (2) weeks ago. 47 48 Councilman Hankinson moved for adoption of Resolution No. 12-1982, 49 seconded by Councilman Parker and on unanimous voice vote the motion 50 was carried. 51 ill52 RESOLUTION NO. 13-1982 53 54 The Clerk read by title only Resolution No. 13-1982 - A RESOLUTION 55 AUTHORIZING THE CITY TO RECONVEY BY DEED TO REID MEMORIAL HOSPITAL, INC. 56 CERTAIN REAL ESTATE WHICH THE CITY ACQUIRED BY DEED FROM REID MEMORIAL 57 HOSPITAL, INC. WITHOUT CONSIDERATION PASSING FROM THE CITY TO REID 58 MEMORIAL HOSPITAL, INC. 59 60 Attorney George Reller, representing Reid Memorial Hospital, noted this 61 resolution arises out of a transaction which took place in 1972 when 62 Reid; in order to have interest on certain bonds issued by the hospital 63 declared nontaxable, had to agree to place in escrow a deed of the hos- 64 pital facilities covered by the bond issue to the City of Richmond - Common Council Minutes Cont'd. November 1, 1982 Page 2 1 that deed to be delivered to the City at the time the bond issue was 2 paid in full or refunded. In 1981 that deed was turned over to the 3 City, was recorded and title to the hospital facilities is now in the 4 City of Richmond. At the time of securing Internal Revenue approval 5 of the 1981 bond issue so the interest on those bonds could be tax 6 exempt, the IRS made an additional ruling that, so long as ninety (90) 7 days lapsed after the issuance, it would be appropriate for the City 8 to. reconvey that real estate to Reid. There was no consideration paid 9 at the time the facilities were deeded to the City, so it is proposed 10 in this resolution for the hospital to pay $10.00 and other valuable 11 considerations for the lease conveyance back to the hospital. The 12 hospital agrees to indemnify and hold the City harmless from liability 13 of any kind that might arise out of the City's ownership of the hos- 14 pital facilities up to this point or in the future. An indemnification 15 has been submitted to the City Attorney, which will be executed by the 16 President of the hospital if this resolution is acted upon favorably. 17 18 Councilman Carter moved for adoption of Resolution No. 13-1982 provided 19 an indemnification agreement is signed, seconded by Councilman Hankinson 20 and on unanimous voice vote the motion was carried. 21 22 COMMENTS BY PRESIDENT 23 24 President Mills welcomed high school students in the audience. He 25 further congratulated Richmond and Hagerstown for their great football 26 season and wished them well in the play-offs. 27 28 President Mills encouraged everyone to get out and vote tomorrow. 29 11/ 30 ORDINANCES ON 1ST READING 31 32 Councilman Hankinson moved to suspend the rules and read Ordinances 33 Nos. 39-1982, 40-1982, 41-1982, 42-1982, 43-1982 and 44-1982 on first 34 reading by title only, seconded by Councilman Williams and on unanimous 35 voice vote the motion was carried. 36 37 ORDINANCE NO. 39-1982 38 39 The Clerk read on first reading by title only Ordinance No. 39-1982 40 AN ORDINANCE REPEALING ORDINANCE NO. 24-1982, REINSTATING RATES AND 41 CHARGES IN EFFECT PRIOR THERETO, AND AUTHORIZING THE DISMISSAL OF A 42 PETITION FOR INCREASE OF RATES AND CHARGES BY THE CITY OF RICHMOND 43 D/B/A RICHMOND POWER & LIGHT AND MATTERS RELATED THERETO. 44 45 Councilman Hankinson moved to suspend the rules and read Ordinance 46 No. 39-1982 on second reading, seconded by Councilman Parker and on 47 unanimous voice vote the motion was carried. 48 49 The Clerk read on second reading Ordinance No. 39-1982. 50 51 President Mills announced this Ordinance is on public hearing. 52 Speaking for this Ordinance was Mr. Irving Huffman, General Manager 53 of Richmond Power & Light, noting utility companies are judged and 54 evaluated on performance by their rate of return. This Council set 55 guidelines for minimum and maximum rate of return. Future projections 56 were made and a consultant was engaged to review needs as far as a 57 rate case to be filed. The consultants reports were to file for a 58 rate increase. If one is delayed, as the costs still keep going up, 59 a future one will have to be for a higher percentage. RP&L was crit- 60 icized in an earlier increase for waiting so long as smaller increments 61 are preferred. At the time the projections were made, there was 62 double digit inflation and high interest rates, which bring on high 63 costs. These are decreasing now, so the costs should come down. RP&L 64 has been frugal and has money in the bank. Due to the economy, RP&L 65 and the Board have expressed a desire not to have a rate increase at 66 this time. Common Council Minutes Cont'd. November 4, 1982 Page 3 1 Councilman Hankinson moved for engrossment of Ordinance No. 39-1982, 2 seconded by Councilman Carter and on unanimous voice vote the motion 11/ 3 was carried. 4 5 Councilman Carter stated he takes issue with some of Mr. Huffman's 6 comments as he feels the economy is no worse now than it was when the 7 Ordinance to go ahead with the increase was passed. The City is for- 8 tunate in have a City-owned utility. He was critical of the Public 9 Service Commission and FERC for allowing utilities to obtain rate in- 10 creases in recent years as they do not have the rate-payer at heart at 11 all. He stated RP&L is cash rich. He noted the rate increase was re- 12 flected in the City budgets for this year and should be reduced. Council- , 13 man Elstro stated he voted for the rate increase and would do it again. 14 We have one of the best utility companies in the state of Indiana. He 15 recalled when a new generator was put in early in the 1970's RP&L was 16 in financial trouble. Councilman Williams stated if he feels a rate 17 increase is needed he would vote for it. He felt the 11.18 was too much 18 and, if it had been a lesser figure, he would have supported it. The 19 General Manager has to look out for the utility. 20 21 Councilman Williams suggested looking at the rates being charged by the 22 Sanitation Department instead of waiting until next July. 23 24 Councilman Hankinson moved to suspend the rules and read Ordinance 25 No. 39-1982 on third and final reading by title only, seconded by 26 Councilman Parker and on unanimous voice vote the motion was carried. 27 III28 The Clerk read on third reading by title only Ordinance No. 39-1982. 29 30 Ordinance No. 39-1982 was adopted by the following vote: 31 AYES: Elstro, Williams, Henry, Hankinson, 32 Parker, Carter, Paust, Mills (8) 33 NOES: None (0) 34 ABSENT: Welch 35 36 ORDINANCE NO. 40-1982 37 38 The Clerk read on first reading by title only Ordinance No. 40-1982 - 39 AN ORDINANCE TO TRANSFER WITHIN THE MUNICIPAL AIRPORT FUND. 40 41 Councilman Hankinson moved to suspend the rules and read Ordinance 42 No. 40-1982 on second reading, seconded by Councilman Parker and on 43 unanimous voice vote the motion was carried. 44 45 The Clerk read on second reading Ordinance No. 40-1982. 46 47 President Mills announced Ordinance No. 40-1982 is on public hearing. 48 Explaining this Ordinance was City Controller Don Meredith. There being 49 no one speaking for or against this Ordinance, Councilman Carter moved 50 for engrossment, seconded by Councilman Parker and on unanimous voice 51 vote the motion was carried. 52 53 Councilman Williams moved to suspend the rules and read Ordinance No. 40- 54 1982 on third and final reading by title only, seconded by Councilman 55 Carter and on unanimous voice vote the motion was carried. 56 57 The Clerk read on third reading by title only Ordinance No. 40-1982. 58 59 Ordinance No. 40-1982 was adopted by the following vote: 60 AYES: Elstro, Williams, Henry, Hankinson, 61 Parker, Carter, Paust, Mills (8) 62 NOES: None (0) 63 ABSENT: Welch 46 Common Council Minutes Cont'd. November 1, 1982 Page 4 1 ORDINANCE NO. 41-1982 2 3 The Clerk read on first reading by title only Ordinance No. 41--1982 - 4 AN ORDINANCE TO APPROPRIATE WITHIN THE MUNICIPAL AIRPORT FUND. 5 6 President Mills announced Ordinance No. 41-1982 has to be advertised. 7 8 ORDINANCE NO. 42-1982 9 10 The Clerk read on first reading by title only Ordinance No. 42-1982 - 11 AN ORDINANCE TO TRANSFER WITHIN THE PARKS AND RECREATION FUND. 12 13 Councilman Hankinson moved to suspend the rules and read Ordinance 14 No. 42-1982 on second reaidng, seconded by Councilman Williams and 15 on unanimous voice vote the motion was carried. 16 - 17 The Clerk read on second reading Ordinance No. 42-1982. 18 19 President Mills announced Ordinance No. 42-1982 is on public hearing. 20 Explaining this Ordinance was City Controller Don Meredith. There 21 being no one speaking for or against this Ordinance, Councilman Carter 22 moved for engrossment, seconded by Councilman Hankinson and on unanimous 23 voice vote the motion was carried. 24 25 Councilman Carter moved to suspend the rules and move Ordinance No. 42- 26 1982 to third and final reading by title only, seconded by Councilman 27 Hankinson and on unanimous voice vote the motion was carried. 28 29 The Clerk read on third reading by title only Ordinance No. 42-1982. 30 31 Ordinance No. 42-1982 was adopted by the following vote: 32 AYES: Elstro, Williams, Henry, Hankinson, 33 Parker, Carter, Paust, Mills (8) 34 NOES: None (0) 35 ABSENT: Welch 36 37 ORDINANCE NO. 43-1982 38 39 The Clerk read on first reading by title only Ordinance No. 43-1982 - 40 AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 41 42 President Mills announced Ordinance No. 43-1982 has to be advertised. 43 44 ORDINANCE NO. 44-1982 45 46 The Clerk read on first reading by title only Ordinance No. 44-1982 - 47 AN ORDINANCE CREATING THE CITY COURT OF THE CITY OF RICHMOND, INDIANA. 48 49 Councilman Hankinson moved to suspend the rules and read Ordinance 50 No. 44-1982 on second reading, seconded by Councilman Williams and 51 on unanimous voice vote the motion was carried. 52 53 The Clerk read on second reading Ordinance No. 44-1982. 54 55 City Attorney Ed Anderson stated he has sent a letter to Council noting 56 a statute now permits you to create such a court, but it has to be done 57 by the end of the year, or you have to wait four (4) years. 58 '59 Committee of the Whole Chairman Larry Parker noted the Committee met last 60 Thursday at 7:30 in the City Court room with five or six members of the 61 bar. Questionnaires sent by Mr. Anderson were presented, noting 62 eight (8) for and five (5) against. There were eight (8) Council members 63 present and they were deadlocked as to whether or not to bring the 64 ordinance to the floor. �i G2 Common Council Minutes Cont'd. November 1, 1982 Page 5 1 President Mills announced Ordinance No. 44-1982 is on public hearing. 2 Speaking on this Ordinance was former City Court Judge Darrell Beane. 3 He recommended Council consider the following: (1 Police Administration 4 (2 Monetary benefit for City (3 Unified Court System having full-time 5 Judge for no conflict of interest and more knowledge and skill (4 Re- 6 lieve a court overload of another court (5 Counseling resources (6 Facili- 7 tate swifter justice. 8 9 Speaking against Ordinance No. 44-1982 was former City Court Judge Robert 10 Burton, 25 North 7th, stated when the City is considering added services 11 they do so because of an obligation to the citizenry to give needed 12 services. They do not deliberate on whether or not it is profit making 13 generating revenue. To reinstitute a court is not to give needed services. 14 He feels the underlying considerations are financial and this is not a 15 proper way to go about raising money for the City. He stressed a need 16 for counseling services. He feels the County Court is functioning well 17 and, if a need arises, the County Court is authorized under statute to 18 create a Commissioner. This fits into the Unified Court System and 19 recreation of City Court would be a step backward in this system. County 20 Court is a court of record and will provide a jury if requested. 21 22 President Mills announced in order for Council to have more study, this 23 Ordinance is held on second reading for two (2) weeks. 24 25 UNFINISHED BUSINESS 26 27 Mr. Matt Stegall gave an update on Old Richmond around the railroad III 28 station. The attitude in the neighborhood is very positive. The 29 station sale has not closed yet; however, because of Council's resolution 30 the railroad is willing to discuss the possibility of using the station 31 or disposing of it. This matter has been turned over to Mr. Art Vivian, 32 who has been working on industrial real estate in the neighborhood. The 33 station has been left unlocked throughout the summer; however, it is 34 now secured. 35 36 Councilman Elstro suggested in an effort to save money on City lighting 37 that I-70 be investigated, as the first 9 months of this year $61,590 38 was spent. 39 40 ADJOURNMENT 41 42 There being no further business on motion duly made, seconded and 43 passed the meeting was adjourned. 44 45 Kenneth Mills 46 President 47 48 ATTEST: JoEllen Trimble 49 City Clerk �, lJ