The URL can be used to link to this page

Home My Public Portal About10-20-2008PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, OCTOBER 20, 2008 The Common Council of the City of Richmond, Indiana met in regular session Monday, October 20, 2008 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR WELCH President Parker presided and the following business was conducted: ROLL CALL Councilors present were Howard "Jack" Elstro, Kelley Cruse - Nicholson, Bruce Wissel, Clay Miller, Bing Welch, Larry Parker, Robert Goodwin, Diana Pappin and Phil Quinn. APPROVAL OF MINUTES Councilor Wissel moved to approve the minutes of the meeting of October 6, 2008, supported by Councilor Welch. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS ■ STARR- GENNETT FOUNDATION PRESENTATION: Dr. David Fulton, President of the Starr Gennett Foundation Board of Directors, presented a plaque to the City of Richmond and thanked all Departments for their support of the mission of the Foundation. COMMUNICATION FROM THE MAYOR • The leaf pick -up by the Street Department began October 20. Residents are to rake leaves to the curb — do not bag. • Mr. Sam Lohanis has been hired as the Superintendent of the Sanitary District. • To date, there has been a 14.5% utility use savings by the City in 2008. • The first Youth Advisory Board meeting was held October 19. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the October 2 & 9, 2008 meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS None MISCELLANEOUS BUSINESS A. PETITION TO APPEAL FOR AN INCREASE TO THE MAXIMUM LEVY: City Controller, Tammy Glenn, presented the Petition to Council for their approval. The request was in the amount of $463,532; however, was reduced to $333,085 by the Department of Local Common Council Minutes October 20, 2008 Page 2 of 6 Government Finance. Councilor Welch moved to approve the Petition, supported by Councilor Pappin. Upon a vote viva voce, the motion passed. ORDINANCES ON FIRST READING Councilor Elstro moved to suspend the rules and read Ordinance Nos. 78, 83 and 84 -2008 on first reading by title only and Ordinance Nos. 79 and 80 in their entirety, supported by Councilor Welch. Upon a vote viva voce, the motion passed. ORDINANCE NO. 78 -2008 - AN APPROPRIATION ORDINANCE AMENDING THE 2008 BUDGET (Metropolitan Development) The Clerk read Ordinance No. 78 -2008 on first reading by title only. Presented by Tony Foster, Director of the Department of Metropolitan Development, this Ordinance would authorize the transfer of $5,000 from various funds into the Gasoline account. Councilor Welch moved to advance Ordinance No. 78 -2008 to second reading and to suspend the rules and read by title only, supported by Councilor Wissel. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 78 -2008 on second reading by title only. Council President Parker declared Ordinance No. 78 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Pappin moved for engrossment of Ordinance No. 78 -2008, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. Councilor Wissel moved to advance Ordinance No. 78 -2008 to third and final reading and suspend the rules and read by title only, supported by Councilor Welch. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 78 -2008 on third reading by title only. Ordinance No. 78 -2008 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 79 -2008 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE A DONATION (Metropolitan Development) The Clerk read Ordinance No. 79 -2008 on first reading in its entirety: WHEREAS, the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific purpose pursuant to Indiana Code 36- 1 -4 -10; and WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of such property for the intended purpose. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the following shall be accepted and gratefully acknowledged by the citizens of Richmond: Donations from the Wayne County Builders Association and attendees to fund the costs of an Indiana Residential Code Workshop. The Wayne County Builders Association and City of Richmond are sponsoring the workshop to educate builders of changes made to the Indiana Residential Code. The Workshop will be held November 6th from 8:30 AM tc 4:30 PM in the Council Chambers of the Richmond Municipal Building. Common Council Minutes October 20, 2008 Page 3 of 6 Councilor Welch moved to advance Ordinance No. 79 -2008 to second reading and to suspend the rules and read by title only, supported by Councilor Pappin. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 79 -2008 on second reading by title only. Council President Parker declared Ordinance No. 79 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 79 -2008, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. Councilor Wissel moved to advance Ordinance No. 79 -2008 to third and final reading and suspend the rules and read by title only, supported by Councilor Welch. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 79 -2008 on third reading by title only. Ordinance No. 79 -2008 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 80 -2008 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE A DONATION (Historic Preservation Commission) The Clerk read Ordinance No. 80 -2008 on first reading in its entirety. WHEREAS, the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific purpose pursuant to Indiana Code 36- 1 -4 -10; and WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of such property for the intended purpose. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the following shall be accepted and gratefully acknowledged by the citizens of Richmond: Donation of books, valued at $675.00, from the State of Indiana Department of Natural Resources, Department of Historic Preservation and Archaeology. The books will serve as continuation education for Historic Preservation Commission members, and others, for the City of Richmond's continued status as a Certified Local Government. Councilor Wissel moved to advance Ordinance No. 80 -2008 to second reading and to suspend the rules and read by title only, supported by Councilor Pappin. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 80 -2008 on second reading by title only. Council President Parker declared Ordinance No. 80 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Wissel moved for engrossment of Ordinance No. 80 -2008, supported by Councilor Welch. Upon a vote viva voce, the motion passed. Councilor Cruse - Nicholson moved to advance Ordinance No. 80 -2008 to third and final reading and suspend the rules and read by title only, supported by Councilor Elstro. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 80 -2008 on third reading by title only Common Council Minutes October 20, 2008 Page 4 of 6 Ordinance No. 80 -2008 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 83 -2008 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE (RPD) The Clerk read Ordinance No. 83 -2008 on first reading by title only. Presented by Chris Taylor of the Richmond Police Department, this Ordinance would authorize the Police Department to submit a grant application to the Internet Crimes Against Children Task Force, and to accept said grant in an amount up to Ten Thousand Dollars and Zero Cents ($10,000.00), if awarded to the City of Richmond Police Department, and shall be appropriated to purchase equipment and /or training relating to the investigation of internet crimes against children and to assist RPD's participation with the Indiana Internet Crimes Against Children Task Force. Councilor Welch moved to advance Ordinance No. 83 -2008 to second reading and to suspend the rules and read by title only, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 83 -2008 on second reading by title only. Council President Parker declared Ordinance No. 83 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Cruse - Nicholson moved for engrossment of Ordinance No. 83 -2008, supported by Councilor Elstro. Upon a vote viva voce, the motion passed. Councilor Elstro moved to advance Ordinance No. 83 -2008 to third and final reading and suspend the rules and read by title only, supported by Councilor Welch. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 83 -2008 on third reading by title only. Ordinance No. 83 -2008 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 84 -2008 - AN APPROPRIATION ORDINANCE AMENDING THE 2008 BUDGET (Human Rights) The Clerk read Ordinance No. 84 -2008 on first reading by title only. Presented by Ron Church, Director of the Department of Human Rights, this Ordinance would authorize the transfer of $12,000 from Salaries and Wages to Contractual Services within the 2008 Human Rights budget. Councilor Elstro moved to advance Ordinance No. 84 -2008 to second reading and to suspend the rules and read by title only, supported by Councilor Wissel. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 84 -2008 on second reading by title only. Council President Parker declared Ordinance No. 84 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Cruse - Nicholson moved for engrossment of Ordinance No. 84 -2008, supported by Councilor Elstro. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 84 -2008 to third and final reading and suspend the rules and read by title only, supported by Councilor Pappin. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 84 -2008 on third reading by title only. Ordinance No. 84 -2008 was adopted with an 8 -1 roll call vote. Dissenting was Councilor Miller Common Council Minutes October 20, 2008 Page 5 of 6 A I lN I] ILl /_1LlD] *X6]Ll I6'ixd07Ll I III N=Fail 71Ll [r ORDINANCE NO. 87 -2007 - A GENERAL ORDINANCE TO REPEAL CHAPTER 124 ENTITLED: ENVIRONMENTAL TOBACCO SMOKE IN PUBLIC ACCOMMODATIONS AND REENACT IT WITH THE TITLE: SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT The Clerk read Ordinance No. 87 -2007 on second reading by title only. This Ordinance would repeal Chapter 124 of the Municipal Code, which is entitled Environmental Tobacco Smoke in Public Accommodations. This Chapter would then be reenacted with the title Smoking in Public Places and Places of Employment. Councilor Miller moved to amend Ordinance No. 87 -2007 as follows: Section 124.01(d): Delete the last sentence of the first paragraph; Section 124.03(b): The reference in the second sentence of 124.05 should be amended to refer to Section 124.04; and, Section 124.04(d): Delete "or place of employment ", supported by Councilor Wissel. Upon a vote viva voce, the motion passed. Council President Parker declared Ordinance No. 87 -2007 as amended on second reading and public hearing. Speaking in favor was Karen Everett. Speaking in opposition were Dave Dorston, Karen Hall- O'Brien, John Jones, Barbara Garrett, Laura Frist, Tim Filler, Jessica Kelly and Allen Williams. Councilor Quinn moved for engrossment of Ordinance No. 87 -2007 as amended, supported by Councilor Wissel. Upon a vote viva voce, the motion passed. Councilor Wissel moved to advance Ordinance No. 87 -2007 as amended to third and final reading and suspend the rules and read by title only, supported by Councilor Elstro. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 87 -2007 as amended on third reading by title only. Ordinance No. 87 -2007 as amended failed with a 4 -5 roll call vote. Dissenting were Councilors Wissel, Miller, Pappin, Quinn and Welch. ORDINANCE NO. 54 -2008 — AN APPROPRIATION ORDINANCE FIXING THE ANNUAL COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 2009 The Clerk read Ordinance No. 54 -2008 on second reading by title only. Presented by City Controller, Tammy Glenn, this Ordinance would establish the annual compensation for all elected city officers for 2009. The Clerk read Ordinance No. 54 -2008 on second reading by title only. Council President Parker declared Ordinance No. 54 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 54 -2008, supported by Councilor Welch. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 54 -2008 to third and final reading and suspend the rules and read by title only, supported by Councilor Miller. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 54 -2008 on third reading by title only. Ordinance No. 54 -2008 was adopted with a 9 -0 roll call vote ORDINANCES ON THIRD READING Common Council Minutes October 20, 2008 Page 6 of 6 CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned. S/S Larry Parker Larry Parker, President ATTEST: S/S Karen Chasteen Karen Chasteen, City Clerk