HomeMy Public PortalAbout11-01-1982 Aed
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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
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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
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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.
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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
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