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HomeMy Public PortalAbout11-05-2012PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, NOVEMBER 5, 2012 The Common Council of the City of Richmond, Indiana met in regular session November 5, 2012 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR MILLER President Quinn called the meeting to order and the following business was conducted: ROLL CALL Present were: Howard "Jack' Elstro, Kelley Cruse- Nicholson, Bruce Wissel, Clayton Miller, Don Winget, Larry Parker, Misty Hollis, Ron Oler and Phil Quinn. Also in attendance were Walt Chidester, City Attorney; Sally Hutton, Mayor; Karen Chasteen, City Clerk; Beth Fields, Program Director Urban Enterprise Association; Linda and Kris Wolski, Police Chief; Tony Foster, Director of Metropolitan Development; Cheryl Spence, Permits and Inspections; Tammy Glenn, Controller; Carol Ferguson; Tracy Bossell, Superintendent of the Street Department; Sue Roberson, Human Resources; Harold Raver, Retired Police; Mr. Hoffman; Diane Whitehead, Mark Connery and Curt Leverton, Police Department; Dean Snapp, James Mastriano, Dave Carter and Bob Rutherford, Police Bargaining Unit (FOP); Rachel Hughes; Ritchie Halfacre and Danny Sexton, AFSCME Local 61 and 1791; Rodney Mayse, Airport; Eric Holmes, Professional Firefighters 1408; Media and Sergeant -at -Arms. APPROVAL OF MINUTES Mr. Miller moved to approve the minutes of the meeting held October 15, 2012, supported by Mr. Parker. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS ■ RESOLUTION 7 -2012 - A RESOLUTION RENEWING AND EXTENDING THE TERM OF THE RICHMOND URBAN ENTERPRISE ZONE Presented by Ms. Fields, this Resolution would extend the current term of the Enterprise Zone to continue for an additional five years until December 31, 2018. Ms. Hollis moved to approve Resolution No. 7 -2012 as presented, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. COMMUNICATION FROM THE MAYOR ■ Election Day is November 6 — please vote REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the October 11, 18 & 25, 2012, meetings were accepted as presented. Common Council Minutes November 5, 2012 Page 2 of 6 REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and/or ORGANIZATIONS • ENVIRONMENTAL SUSTAINABILITY COMMISSION: Mr. Miller moved to approve the Commission Members as presented October 15, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Non - voting youth member positions have not yet been filled. • ECONOMIC DEVELOPMENT COMMISSION: On behalf of the Wayne County Economic Development Commission, Ron Cross recommended the re- appointment of John McBride. Ms. Hollis moved to re- appoint Mr. McBride as recommended, supported by Mr. Winget. Upon a vote viva voce, the motion passed. • CITY CONTROLLER — 2013 Budget Review /Discussion: This review was rescheduled for November 19, 2012. This will allow time for more complete information to be shared. MISCELLANEOUS BUSINESS None ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 59, 60, 61, 62, 63, 64, 65 & 66 -2012 on first reading by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. ORDINANCE NO. 59 -2012 — A SPECIAL ORDINANCE VACATING A PUBLIC WAY (Alley — 700 Blk N 10th Street) The Clerk read Ordinance No. 59 -2012 on first reading by title only. This Ordinance is a petition to vacate an alley in the 700 block of North 10th Street. This vacation would allow the property owner to develop the lots for a commercial business. Ordinance No. 59 -2012 was referred to the Plan Commission for its November public hearing. ORDINANCE NO. 60-2012 — A SPECIAL ORDINANCE VACATING A PUBLIC WAY (Alley — N 13 &"G" Streets) The Clerk read Ordinance No. 60 -2012 on first reading by title only. This Ordinance is a petition to vacate two alleys on the site of the former Nicholson School at North 13`h and "G" Streets. It is necessary to correct this paperwork for the Richmond Housing Authority to build its assisted living facility on the property. Ordinance No. 60 -2012 was referred to the Plan Commission for its November public hearing. ORDINANCE NO. 61-2012 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR CERTAIN PARCELS FROM OUTDOOR COMMERCIAL AND URBAN RESIDENTIAL DISTRICT TO GENERAL COMMERCIAL DISTRICT (715 -725 N 10th Street) The Clerk read Ordinance No. 61 -2012 on first reading by title only. Common Council Minutes November 5, 2012 Page 3 of 6 This Ordinance is a petition to rezone properties at 715 and 725 North 10th Street and 1025 North "H" Street. The property is being considered for a commercial development. Ordinance No. 61 -2012 was referred to the Plan Commission for its November public hearing. ORDINANCE NO. 62 -2012 — AN APPROPRIATION ORDINANCE AMENDING THE 2012 BUDGET (Mayor) The Clerk read Ordinance No. 62 -2012 on first reading by title only. This Ordinance would amend the 2012 Budget of the Mayor as follows: Delete $300.00 from Promotional Add $300.00 to Vehicle Operation and Maintenance Mr. Wissel moved to advance Ordinance No. 62 -2012 to second reading, suspend the rules and read by title only, supported by Ms. Hollis Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 62 -2012 on second reading by title only. Council President Quinn declared Ordinance No. 62 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Parker moved for engrossment of Ordinance No. 62 -2012, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No.62 -2012 to third and final reading and suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 62 -2012 on third reading by title only. Ordinance No. 62 -2012 as adopted with a 9-0 roll call vote ORDINANCE NO. 63 -2012 — AN APPROPRIATION ORDINANCE AMENDING THE 2012 BUDGET (Street) The Clerk read Ordinance No. 63 -2012 on first reading by title only. This Ordinance would amend the 2012 Budget for Motor Vehicle Highway as follows: Delete $5,000.00 from Electric Add $5,000.00 to Repair Parts Mr. Wissel moved to advance Ordinance No. 63 -2012 to second reading, suspend the rules and read by title only, supported by Mr. Miller. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 63 -2012 on second reading by title only. Council President Quinn declared Ordinance No. 63 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Ms. Hollis moved for engrossment of Ordinance No. 63- 2012, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Ordinance No.63 -2012 to third and final reading and suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 63 -2012 on third reading by title only. Ordinance No. 63 -2012 as adopted with a 9 -0 roll call vote. Common Council Minutes November 5, 2012 Page 4 of 6 ORDINANCE NO. 64 -2012 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6 -1.1 -12.1 (Perpetual Recycling — real estate) The Clerk read Ordinance No. 64 -2012 on first reading by title only. This Ordinance is a petition of Perpetual Recycling Solutions for a ten year tax abatement on real estate valued at Four Million Six Hundred Fifty Thousand Dollars and zero cents ($4,650,000.00). Ordinance No. 64 -2012 was referred to the Tax Abatement Committee for due diligence. ORDINANCE NO. 65 -2012 — AN APPROPRIATION ORDINANCE AMENDING THE 2012 BUDGET (Airport) The Clerk read Ordinance No. 65 -2012 on first reading by title only. Delete $4,650.00 from Aviation Fuel Add $4,650.00 to Other Equipment (snow plow) Mr. Miller moved to advance Ordinance No. 53 -2012 to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 53 -2012 on second reading by title only. Council President Quinn declared Ordinance No. 53 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Parker moved for engrossment of Ordinance No. 53 -2012, supported by Ms. Hollis. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Ordinance No.53 -2012 to third and final reading and suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 53 -2012 on third reading by title only. Ordinance No. 53 -2012 as adopted with a 9 -0 roll call vote. ORDINANCE NO. 66 -2012 — GENERAL ORDINANCE AMENDING THE RICHMOND CITY CODE FOR WORKING SPOUSE HEALTH INSURANCE The Clerk read Ordinance No. 66 -2012 on first reading by title only. Mr. Chidester read Ordinance No. 66 -2012 into the record: WHEREAS, the Common Council ( "Council ") of the City of Richmond, Indiana is the legislative and fiscal body for the City of Richmond and is responsible for the fiscal stability of the City of Richmond, Indiana; and WHEREAS, the City of Richmond, Indiana (City) must balance its budget and cannot run a deficit, and WHEREAS, the City needs a cash reserve sufficient to be able to meet its ongoing budget and expense needs, including unanticipated and unknown fluctuations in both revenue and expenses; and WHEREAS, based upon the best currently available financial figures and projections, the City is on track to exhaust its entire cash reserves and have a deficit of over $230,000 by the end of 2013 unless necessary measures are immediately taken to maintain a fiscally Common Council Minutes November 5, 2012 Page 5 of 6 responsible cash reserve sufficient to prohibit the City from drastic budget cutting, and WHEREAS, the City has maintained fiscally responsible cash reserves in an amount less than that recommended by the State Board of Accounts but in an amount that has enabled the City to safely react and adjust to revenue shortfalls as well as to unanticipated expenditures; and WHEREAS, because of the City's precarious financial situation of a projected deficit the City needs to take all steps available to it in order to continue to serve and protect the citizens of Richmond while enforcing its right to retain employees and preventing a layoff of City employees in order to keep the City fiscally sound; and WHEREAS, the City has had significant fluctuations in its health insurance expenses in the past few years due to being self insured; and WHEREAS, the implementation of the working spouse rule for health insurance (defined as the elimination of health insurance for current and retired City employees' spouses with other health insurance available to them) is an action that has the least adverse impact to the City budget and to current and retired City employee benefits in order for the City to maintain its fiscally responsible operation of the City; and WHEREAS, the implementation of the working spouse rule for health insurance is the fairest way to address the City's budget needs by requiring spouses of current and retired City employees to obtain health insurance that is available to them while the City still provides health insurance coverage to those spouses of current and retired City employees who do not have other health insurance available to them; and WHEREAS, the anticipated costs of savings from implementing the working spouse rule for health insurance is uncertain but has been estimated to be $1,200,000.00 for all current and retired employees of the City of Richmond, and WHEREAS, November 13, 2012, is the first day for open enrollment when current and retired City employees can sign up for health insurance coverage for 2013 and unless action is taken prior to that day, current and retired City employees wdl be eligible to sign up for health insurance for their spouses who have other health insurance available to them, and WHEREAS, it would be contrary to the public interest and to the City's interest and to the interests of current and retired City employees in not taking action at this time in order to properly and timely address and respond to the projected deficit shortfall with fiscally prudent action and to minimize the need for any layoffs of City employees; and WHEREAS, Council has the power and opportunity to enact an ordinance that will dramatically limit any need for layoff of City employees, and WHEREAS, It is in the best interests of the City of Richmond, its citizens and its fiscal well-being to protect public safety concerns and avoid layoffs by reducing insurance coverage to the City's current and retired employees while continuing to provide them with basic health insurance benefits. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, THAT.• The City of Richmond adopts the above stated recitals as findings and amends City Chapter 33 to add Section 33.08 that reads as follows: 33.08: The City of Richmond eliminates health insurance for current and retired City employees' spouses who have other health insurance available to them (the working spouse rule for health insurance), effective November 6, 2012 and continuing until revoked by Common Council. This ordinance shall be in full force and effect from and after its passage. Mr. Miller moved to advance Ordinance No. 66 -2012 to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. Common Council Minutes November 5, 2012 Page 6 of 6 The Clerk read Ordinance No. 66 -2012 on second reading by title only. Council President Quinn declared Ordinance No. 66 -2012 on second reading and public hearing. Speaking against this Ordinance was Ritchie Halfacre, AFSCME Local 62; the Fraternal Order of Police Bargaining Unit -James Mastriano, Dave Carter, and Bob Rutherford; Harold Raver, Retired Police; Eric Holes, Vice President of Professional Firefighters Local 1408. Speaking in favor was Mr. Hoffman, formerly of Wayne Corporation. A proposal from CIGNA is being reviewed. Ms. Cruse- Nicholson will attend the FOP and AFSCME meetings on November 7, 2012. A Special Meeting was scheduled for November 12, 2012, 6.00 PM in the Council Chambers. The public hearing on Ordinance No. 66 -2012 will be continued at that time. ORDINANCES ON SECOND READING ORDINANCE NO. 52 -2010 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6 -1.1 -12.1 (Perpetual Recycling — real estate) The Clerk read Ordinance No. 52 -2010 on second reading by title only. Ordinance No. 52 -2012 was held on second reading until November 19, 2012. ORDINANCES ON THIRD READING None CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned. 4 epMathew Quinn, President ATT Karen Chasteen, IAMC, MMC City Clerk A recording of this meeting is on file in the City Clerk's Office.