HomeMy Public PortalAbout7/14/1998City of Greencastle
® City Hall
Four East Walnut Street
Greencastle, Indiana 46135
Pamela S. Jones
Clerk- Treasurer
GREENCASTLE COMMON COUNCIL
REGULAR SESSION
TUESDAY, JULY 14, 1998 7:00 P.M. PUTNAM COUNTY LIBRARY
The Greencastle Common Council met in Regular Session Tuesday, July 14, 1998, 7:00 p.m. at
the Putnam County Library. Mayor Michael called the meeting to order. On the Roll Call, the
following were found to be present: Councilor Roach, Councilor Hammer, Councilor Green,
Councilor Baynard and Councilor Masten.
Public Petitions and Comments
Judy Magyar requested the Council develop a strategy to deal with noise pollution, particularly
boom boxes. Police Chief Wood stated to enforce the noise ordinance the police department
needs to have the proper equipment to measure decimals. By law, the noise has to reach a certain
® decibel before they are violating the ordinance. Councilor Masten said if the noise rattles the
officers eardrums they should pull them over and ticket them. Councilor Baynard asked what a
reasonable noise is? Ms. Magar asked the Council to check with other communities to see how
they handle this issue.
Steve Gauley applauded the Fire Department for their hard work at St. Andrew's church.
Approval of Minutes
Motion to approve minutes from June 9, Executive Session, June 9, Regular session and June 23,
Special Session was made by Councilor Masten, seconded by Councilor Roach. Vote was
unanimous.
Department Reports
Department reports were given by each department. Street Commissioner Wright reported his
department has completed picking up brush. There are 18 trees to work on yet. Street
Commissioner Wright also thanked the Cemetery and Fire Department for helping with the storm
clean up.
Engineer Smith updated the Council on proposed INDOT projects. Engineer Smith also stated the
sidewalks on Wood Street are near completion, storm drainage on Avenue C & E is finished with
the exception of a little finishing work to be completed. The Pizza Hut project is complete as is
Longcastle Drive and work is on going with the asphalt projects and South Jackson Street sanitary
sewer.
• Approval of Claims
Motion to approve claims made by Councilor Baynard, seconded by Councilor Masten. Councilor
Roach abstained due to having a Fire Reserve clothing allowance claim. Vote as follows:
Councilor Roach, abstain; Councilor Hammer, yes; Councilor Green, yes; Councilor Baynard, yes;
and Councilor Masten, yes.
Ordinance 1998 -8, An Ordinance Vacating Right -of -Way, second reading. Motion to approve
made by Councilor Roach, seconded by Councilor Hammer. Councilor Baynard stated there are
two Ordinances to vacate alleyways one reads that the petitioner records other says the City
records. Attorney Selvia stated the petitioner is required to record. Vote was unanimous.
Ordinance 1998 -9, An Ordinance Creating Sections 5 -58 and 5 -59 of the Greencastle City Code,
second reading. Park Board member Mike Rokicki was present to address the issue of parking in
the grass. Board member Rokicki stated that kids and cars don't mix and if people pull up on the
grass there is the possibility of someone getting hurt. This is an issue of safety and environment
and is a last resort. The Park Board has discussed this issue for six months and looked at the
alternatives, signs have been posted, but are not being adhered to. Park Director Kathy Staton
stated that this is a safety issue, but common sense will be used. Motion to adopt Ordinance
1998 -9 was made by Councilor Hammer, seconded by Councilor Masten.
• Councilor Baynard asked what improper use of tennis courts would be. Director Staten stated
people have brought dogs onto the courts, as well as, people wearing cleats and roller blades.
Skateboards and bicycles are not allowed on the courts either. The City spent $28,000.00 to have
the courts resurfaced and all of these things damage the surface. The fine for parking in the grass
or improper use of tennis courts is $15.00.
Vote as follows: Councilor Roach, yes; Councilor Hammer, yes; Councilor Green, yes; Councilor
Baynard, no; and Councilor Masten, yes.
Ordinance 1998 -10, An Ordinance Amending Ordinance 1995 -4 (An Ordinance Establishing a
Tree Board and Regulating Trees Along Public Ways), second reading. Motion to adopt made
by Councilor Roach, seconded by Councilor Hammer. Vote was unanimous.
Ordinance 1998 -11, An Ordinance Establishing Section 4 -72 of the Greencastle City Code to
Establish a Greencastle Fire Department Service Charge Account, second reading. Councilor
Masten stated when this was passed on first reading the wording "...appropriated by Council;;;"
was to be added. Attorney Selvia stated she would change. Councilor Masten made the motion to
adopt Ordinance 1998 -11 with the addition of wording that funds be appropriated by Council.
Motion seconded by Councilor Roach. Vote was unanimous.
Lori Mangus from Wipe -Out Pest Control was present to request a handicap parking space at 19
East Franklin Street. Mayor Michael stated she has talked to the Street Commissioner and Police
Chief regarding this spot and had Building Inspector Bernie Wahl do a survey of the spaces on the
• square. There are 164 parking spaces on the square and only three handicap spaces. Councilor
Masten asked if handicap spaces are subject to two hour parking. Street Commissioner Wright
• stated they are not. The place requested is the north side of Franklin Street, west of Vine Street,
the first spot by the comer. Motion to amend Ordinance 1998 -16 to add parking space made by
Councilor Masten, seconded by Mark. Vote was unanimous.
Debra and Donald Rumley submitted a request to place a gate in the fence behind their residence
allowing access to the Southern Highway right -of -way for mowing. After some discussion, a
motion was made by Councilor Roach to allow the request with the following conditions:
1. a recordable agreement between the City and Rumley's that the gate will be welded
shut if property changes hands;
2. a signed waiver of liability
3. sole purpose of gate is to mow - not gain access to Southern Highway, and;
4. only valid while the right -of -way is owned by the City of Greencastle.
Motion seconded by Councilor Masten. Votes as follows:
Councilor Roach aye
Councilor Hammer aye
Councilor Green aye
Councilor Baynard nay
Councilor Masten aye
Mayor Michael requested a special meeting be set to discuss the 1999 Capital Improvement
Projects. A meeting was set for July 20, 5:30 p.m. at the City Street Department.
• Resolution 1998 -23, A Resolution Appropriating Monies from Industrial Development Fund
Loan and Creating Appropriation 101002443- Computer Update, was read by Mayor Michael.
Motion to approve made by Councilor Hammer, seconded by Councilor Baynard. Vote was
unanimous.
Resolution 1998 -24, A Resolution to Transfer Within the City of Greencastle Budget for the 1998
Budget Year. Motion to approve made by Councilor Masten, seconded by Councilor Roach.
Vote was unanimous.
Resolution 1998 -25, A Resolution Affirming Heartland Automotive, LLC, of Compliance with
Statement of Benefits. Motion to waive reading made by Councilor Hammer, seconded by
Councilor Green. Vote was unanimous. Motion to accept Resolution 1998 -25 made by
Councilor Green, seconded by Councilor Hammer. Vote was unanimous.
Resolution 1998 -26, A Resolution Authorizing the Expenditure of Industrial Development Funds
(Funding the Greencastle/Putnam County Development Center). Councilor Hammer asked if
stipulations #2 and #3 could be added without CACFID voting on them or would this have to go
back to CACFID. Mayor Michael stated her feelings are that it would go back to CACFID.
Councilor Roach asked if CACFID is an advisory board.
Bob Hutchings stated that it is not. Mr. Hutchings stated that Attorney Jerry Calbert established
CACFID through Indiana Statute and expenditure of monies must go through both CACFID and
• Council. Councilor Masten stated that CACFID's responsibility only equals the Council with
expenditures. Any conditions can pass without CACFID approval. The City Council is to petition
" C A C F I D , n o t C A C F I D p e t i t i o n C o u n c i l . A t t o r n e y S e l v i a s t a t e d s h e d o e s n o t b e l i e v e t h a t b o t h
b o a r d s h a v e t o m i r r o r e a c h o t h e r b e y o n d t h e a m o u n t o f m o n e y t o b e e x p e n d e d .
C o u n c i l o r H a m m e r m a d e t h e m o t i o n t o s t r i k e t h e w o r d i n g o f " c h a n g e b y - l a w s " a n d " a u t o m a t i c
a p p o i n t m e n t " i n 9 2 a n d s t r i k e # 3 c o m p l e t e l y . C o u n c i l o r G r e e n s e c o n d e d t h e m o t i o n . C o u n c i l o r
R o a c h s t a t e d t h e s e s t i p u l a t i o n s a r e i m p o r t a n t t o d a y , t o m o r r o w a n d 1 0 y e a r s f r o m n o w a n d w i t h t h e
p e n d i n g l a w s u i t , # 3 b e c o m e s e v e n m o r e i m p o r t a n t . C o u n c i l o r R o a c h c o n t i n u e d t h a t h e h a s n o
p r o b l e m s p u t t i n g s t i p u l a t i o n s o n t h i s m o n e y a s h e f e e l s i t ' s h i s j o b .
M a y o r M i c h a e l e x p r e s s e d h e r c o n c e r n a b o u t c h a n g i n g t h e b y - l a w s .
V o t e a s f o l l o w s :
y e s
C o u n c i l o r R o a c h
n a y
C o u n c i l o r H a m m e r
y e s
C o u n c i l o r G r e e n
y e s
C o u n c i l o r B a y n a r d
n a y
C o u n c i l o r M a s t e n
n a y
M o t i o n d o e s n o t p a s s .
C o u n c i l o r M a s t e n m a d e t h e m o t i o n t o a d o p t R e s o l u t i o n 1 9 9 8 - 2 6 , a s p r e s e n t e d , s e c o n d e d b y
C o u n c i l o r R o a c h . V o t e a s f o l l o w s :
C o u n c i l o r R o a c h
y e s
C o u n c i l o r H a m m e r
n a y
C o u n c i l o r G r e e n
n a v
" C o u n c i l o r B a y n a r d y e s
C o u n c i l o r M a s t e n y e s
M o t i o n p a s s e s t o a d o p t a s p r e s e n t e d .
O r d i n a n c e 1 9 9 8 - 1 2 , A n O r d i n a n c e A m e n d i n g O r d i n a n c e 1 9 9 7 - 2 1 , f i r s t r e a d i n g , r e a d b y M a y o r
M i c h a e l . C o u n c i l o r H a m m e r m a d e t h e m o t i o n t o a c c e p t O r d i n a n c e 1 9 9 8 - 1 2 w i t h t h e a m e n d m e n t
t h a t . 2 8 c e n t s p e r m i l e b e c h a n g e d t o t h e C o u n t y r a t e p e r m i l e . S e c o n d m a d e b y C o u n c i l o r R o a c h .
V o t e w a s u n a n i m o u s .
O r d i n a n c e 1 9 9 8 - 1 3 , A n O r d i n a n c e E s t a b l i s h i n g t h e S i z e o f D e p a r t m e n t s o f C i t y G o v e r n m e n t o f
t h e C i t y o f G r e e n c a s t l e , I n d i a n a , F i x i n g S a l a r i e s f o r t h e E m p l o y e e s o f S u c h D e p a r t m e n t s a n d
F i x i n g S a l a r i e s o f C e r t a i n O t h e r A p p o i n t e d O f f i c i a l s f o r t h e y e a r 1 9 9 9 , f i r s t r e a d i n g . M o t i o n t o
w a i v e r e a d i n g o f O r d i n a n c e 1 9 9 8 - 1 3 m a d e b y C o u n c i l o r H a m m e r , s e c o n d e d b y C o u n c i l o r G r e e n .
V o t e w a s u n a n i m o u s . C l e r k - T r e a s u r e r J o n e s s t a t e d t h a t L - 2 M a c h i n e O p e r a t o r # 1 i n t h e S t r e e t
D e p a r t m e n t s h o u l d b e 5 2 1 , 6 4 8 . 0 0 a n d t h e A s s i s t a n t S u p e r i n t e n d e n t a t t h e C e m e t e r y s h o u l d b e
c h a n g e d f r o m L - 3 t o L - 4 . C o u n c i l o r H a m m e r s t a t e d t h e P a r k D i r e c t o r s a l a r y h a s b e e n $ 4 , 0 0 0 . 0 0
l e s s t h a n t h e o t h e r d e p a r t m e n t h e a d s a n d t h a t d i f f e r e n c e h a s g r o w n t o $ 4 , 6 0 0 . 0 0 . C o u n c i l o r
H a m m e r s t a t e d h e w o u l d l i k e t o s e e t h e d i f f e r e n c e s t a y a t $ 4 , 5 0 0 . 0 0 a n d t h e s a l a r y b e c h a n g e d
f r o m $ 2 5 , 4 8 0 t o $ 2 5 , 6 6 0 . 0 0 . C o u n c i l o r R o a c h s t a t e d t h e s a l a r y c o u l d b e m o v e d u p w i t h o t h e r
d e p a r t m e n t h e a d s i f c h a r g e d f a i r m a r k e t v a l u e f o r t h e h o u s e . C o u n c i l o r H a m m e r s t a t e d l i v i n g i n
t h e h o u s e i s a c o n d i t i o n o f e m p l o y m e n t .
C o u n c i l o r H a m m e r m a d e t h e m o t i o n t o k e e p t h e d i f f e r e n t i a l a t $ 4 , 5 0 0 . 0 0 a n d c h a n g e t h e s a l a r y
"
f o r t h e P a r k D i r e c t o r t o $ 2 5 , 6 6 0 . 0 0 . M o t i o n s e c o n d e d b y C o u n c i l o r M a s t e n .
" C o u n c i l o r R o a c h s t a t e d t h a t i f a 4 % a c r o s s t h e b o a r d r a i s e i s g i v e n , i t s h o u l d b e a c r o s s t h e b o a r d .
T h e v a l u e o f t h e h o u s e d i d n o t c h a n g e . C o u n c i l o r B a y n a r d s t a t e d t h e r e i s a b e n e f i t t o l i v i n g i n t h e
h o u s e t h a t c a n ' t b e t a k e n o u t o f t h e e q u a t i o n .
V o t e a s f o l l o w s :
C o u n c i l o r R o a c h n a y
C o u n c i l o r H a m m e r y e s
C o u n c i l o r G r e e n y e s
C o u n c i l o r B a y n a r d n a y
C o u n c i l o r M a s t e n y e s
M o t i o n t o r a i s e p a r k d i r e c t o r s a l a r y t o $ 2 5 , 6 6 0 . 0 0 p a s s e s .
C o u n c i l o r R o a c h r e q u e s t e d a 1 4 t h f i r e f i g h t e r b e a d d e d t o t h e s a l a r y o r d i n a n c e . C o u n c i l o r R o a c h
s t a t e d w i t h t h e 2 i n , 2 o u t , r u l e t h a t i s f e d e r a l l y m a n d a t e d h e f e e l s a n o t h e r f i r e f i g h t e r i s i n o r d e r .
M a y o r M i c h a e l s t a t e d s h e f e e l s t h e P o l i c e n e e d a n o t h e r P o l i c e O f f i c e r . C o u n c i l o r R o a c h m a d e t h e
m o t i o n t o a d d a n o t h e r f i r e f i g h t e r . M o t i o n d i e d f o r l a c k o f s e c o n d .
M o t i o n t o a c c e p t O r d i n a n c e 1 9 9 8 - 1 3 , w i t h c h a n g e s m a d e b y C o u n c i l o r H a m m e r , s e c o n d e d b y
C o u n c i l o r M a s t e n . V o t e a s f o l l o w s :
C o u n c i l o r R o a c h n a y
C o u n c i l o r H a m m e r y e s
C o u n c i l o r G r e e n y e s
C o u n c i l o r B a y n a r d y e s
C o u n c i l o r M a s t e n y e s
" O r d i n a n c e 1 9 9 8 - 1 4 , a n O r d i n a n c e F i x i n g t h e S a l a r i e s o f E l e c t e d O f f i c e r s o f t h e C i t y o f
G r e e n c a s t l e f o r t h e Y e a r 1 9 9 9 , f i r s t r e a d i n g , r e a d b y M a y o r M i c h a e l . M o t i o n t o a c c e p t
O r d i n a n c e 1 9 9 8 - 1 4 m a d e b y C o u n c i l o r M a s t e n , s e c o n d e d b y C o u n c i l o r R o a c h . V o t e w a s
u n a n i m o u s .
O r d i n a n c e 1 9 9 8 - 1 5 , A n O r d i n a n c e T o V a c a t e a P l a t t e d A l l e y S i t u a t e d i n G r e e n c a s t l e , P u t n a m
C o u n t y , I n d i a n a , f i r s t r e a d i n g , A t t o r n e y S e l v i a s t a t e d t h e r e a r e a c o u p l e o f i s s u e s t h a t m u s t b e
a d d r e s s e d : 1 . t h e r e c o r d i n g i s t o b e d o n e b y t h e p e t i t i o n e r , 2 . t h e C i t y m u s t r e t a i n u t i l i t y e a s e m e n t
a n d , J . T h e p e t i t i o n e r n e e d s t o i n c l u d e a l i s t o f s u r r o u n d i n g p r o p e r t y o w n e r s i n t h e O r d i n a n c e .
A t t o r n e y S o m h e i l s t a t e d t h e s e c h a n g e s w i l l b e m a d e b e f o r e s e c o n d r e a d i n g . C o u n c i l o r M a s t e n
m a d e t h e m o t i o n t o a c c e p t w i t h t h e a b o v e - s t a t e d c h a n g e s , s e c o n d e d b y C o u n c i l o r R o a c h . V o t e
w a s u n a n i m o u s .
O r d i n a n c e 1 9 9 8 - 1 6 , A n O r d i n a n c e A m e n d i n g S e c t i o n 8 - 3 0 o f G r e e n c a s t l e C i t y C o d e S c h e d u l e o f
O n - S t r e e t R e s e r v e d H a n d i c a p p e d P a r k i n g S p a c e s , f i r s t r e a d i n g . M o t i o n t o a p p r o v e m a d e b y
C o u n c i l o r H a m m e r , s e c o n d e d b y C o u n c i l o r M a s t e n . V o t e w a s u n a n i m o u s . ( T h i s o r d i n a n c e
i n c l u d e s t w o s p a c e s o n L o c u s t S t r e e t 1 7 1 f e e t a n d 3 7 3 f e e t n o r t h o f H a n n a S t r e e t a n d w i l l a l s o
i n c l u d e o n e h a n d i c a p s p o t o n F r a n k l i n S t r e e t , f i r s t s p o t w e s t o f V i n e S t r e e t f o r s e c o n d r e a d i n g ) .
O r d i n a n c e 1 9 9 8 - 1 7 , A n O r d i n a n c e A m e n d i n g O r d i n a n c e s 1 9 9 5 - 2 1 a n d 1 9 9 6 - 1 A p p r o v i n g W a t e r
R a t e s a n d C h a r g e s , f i r s t r e a d i n g . T h i s o r d i n a n c e r e f l e c t s a 7 . 8 % w a t e r r a t e i n c r e a s e . M a y o r
M i c h a e l s t a t e d t h r e e y e a r s o f i n f l a t i o n a t 2 . 8 % p e r y e a r j u s t i f i e s t h e 7 . 8 % . 1 9 9 7 r e v e n u e s w e r e
approximately $1,220,333.00. Year -to -date revenues for 1998 are approximately $607,114.00.
• Councilor Roach stated revenues seem to be up approximately $26,000.00 over 1997. Mr.
Murphey stated the water department will do well cleaning and maintenance items to see what the
costs will be. The wholesale water rates will combine both the wholesale rate and the capital rates
into one amount.
Councilor Green made the motion to accept Ordinance 1998 -17, first reading, seconded by
Councilor Hammer.
Councilor Roach stated he is still not comfortable with the revenue numbers and wants better
expenses vs. revenue numbers, inflation numbers are arbitrary. Councilor Roach continued that
before we set a rate let's deal with this like a business and compare expenses over a two year
period. Do a rate analysis. Rate programs are available and would be a good investment.
Councilor Roach stated he doesn't disagree with the intent, but is not comfortable with the
numbers as they are.
Councilor Masten stated there are many things that need to be addressed at the Water Department,
but that is not the Council domain. Costs go up every year and when you are in a weather driven
business, you can't predict what's going to happen. The water department is taking the punishment
for a plant expansion and we can't ignore the reality that the department has to operate.
Councilor Roach stated the Council opted out of the IURC so increases would not have to be
made all at once. I don't disagree with the need, but don't agree with the numbers, Councilor
Roach stated. Councilor Roach stated he is also not comfortable with the structure of first 2,000
cubic feet at $2.07, over 10,000 cubic feet at .97. The large users are getting the biggest break.
Councilor Green stated the big users always get the break for electricity, gas, etc. Councilor
• Baynard stated we have to remember the little old lady in the IURC meeting and feel like we have
to do this in small increments. Vote was unanimous. Councilor Roach stated he voted for this
begrudgingly and wants better numbers before second reading.
Ordinance 1998 -18, An Ordinance Regarding Fire Service and Protection, first reading, read by
Mayor Michael. Audience member Steve Gauley stated he feels this is a terrible public policy and
it does not promote community values. Councilor Roach stated the purpose of this Ordinance is to
recover some of the expenses for runs made by the fire department. The taxpayers should not
have to pay for runs made to places that are tax exempt. There is also an appeals process and
many fire insurance companies will cover this expense. After some discussion, it was decided that
it is time to go back to DePauw to pursue a fire protection contract. Councilor Roach made the
motion to adopt Ordinance 1998 -18, motion dies for lack of second.
Ordinance 1998 -19, an Ordinance Creating Section 2 -197 of the Greencastle City Code Creating
the Purchasing Procedures of the City of Greencastle, Indiana, and Designating the Common
Council of the City of Greencastle as Purchasing Agent, first reading. Motion to waive reading
made by Councilor Hammer, seconded by Councilor Masten. Vote was unanimous. Motion to
accept Ordinance 1998 -19 made by Councilor Hammer, seconded by Councilor Roach. Vote
was unanimous.
40
Motion to adjourn made by Councilor Hammer, seconded by Councilor Roach. Vote was
• unanimous.
Nancy A. Mi la el, Mayor
ATT,>?IT:
Pamela S. Jones,
11
CI