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HomeMy Public PortalAbout12/17/1996 executiveCity of Greencastle • City Hall Four East Walnut Street Greencastle, Indiana 46135 Pamela S. Jones Clerk- Treasurer GREENCASTLE COMNION COUNCIL EXECUTIVE SESSION TUESDAY, DECEMBER l7, 1996 4:30 P.NI. TZOUANAKIS INTERMEDIATE The Greencastle Common Council met in Executive Session Tuesday, December 17, 1996, 4:30 p.m. at Tzouanakis Intermediate School. Mayor Michael called the meeting to order. On the Roll Call the following were found to be present: Councilor Hammer, Councilor Green, Councilor Bavnard and Councilor Masten. Councilor Roach was absent. Also present was City Attorney John Zeiner. The purpose of this meeting is to update the Council on pending litigation regarding Res Care. Attomev Zeiner told the Council that he and the Attorney for Res Care have a proposal that.they have both agreed on. The items that were agreed on are: the facility is limited to 30 children no older than 16 years of age: a list of crimes that would exclude serious offenders, if Res Care decides to accept anyone that has committed a crime included on the list, thev have to notify the • City first and the population is not anticipated to exceed 10% of "serious offenders ". Res Care has requested that no press releases be made, but any ad hock comments by Council are at their own perogerative. Restrictions that were discussed with Council and neighbors are in place and a 6 foot high cyclone fence has been installed around the facility for security. Issues not addressed in the agreement are the in house administrator and the preference that the facility be for girls. Operating an all girl facility is not an option for Res Care and having certified staff was also not addressed. The agreement does include the use of modular classrooms on 2.3 acres, they have the room for this and they do have defined setbacks. Attomev Zeiner recommended the agreement to Council stating that it gets the issue settled, the City gets some control and the Citv has not changed the zoning for the facility. Councilor Hammer asked if we have any recourse if they place someone in the facility that has committed a crime on the excluded list? Attorney Zeiner stated that we do not have any recourse, but they are limited to 10% of the population being from the "serious offenders" list. Councilor Baynard stated that they can have 100% from the "serious offender" list and we have no recourse as long as they notifv the police. Attorney Zeiner stated that according to the agreement they must notify the Police prior to acceptance of anv person from the "serious offender" list. Councilor Hammer requested that "anticipates" be changed to "agrees" and asked if there could be a yearly audit. Attorney Zeiner stated that the audit could be done through the Police Department and he will straighten out the "anticipates" part of the agreement. • Consensus of the Council is to approve the recommendation of Counsel. " Motion to adjourn made by Councilor Masten, seconded by Councilor Hammer. Vote was unanimous. Nancy A. chael, Mayor ATT: Pamela S. Jones, Clerk -Tr s rer " u