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HomeMy Public PortalAbout11-19-2012PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, NOVEMBER 19, 2012 The Common Council of the City of Richmond, Indiana met in regular session November 19, 2012 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR WINGET 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, Misty Hollis, Ron Oler and Phil Quinn. Absent were Don Winget and Lary Parker. Also in attendance were Walt Chidester, City Attorney; Sally Hutton, Mayor; Karen Chasteen, City Clerk; Dr. and Mrs. Darrell Greene, Bobby Smith, Jim McCormick, Jamie Beck, Dan Stewart, Disability Awareness Council; Carter Smith, Perpetual Recycling Solutions; Mr. and Mrs. Harold Raver, Dave Carter, James Mastriano, Curt Leverton, Mark Connery, Diane Whitehead, Bobby Lipps, Linda and Kris Wolski, Police Department; Oscar Abner and Mike Crawley, Fire Department; Kelly Hale, Brady Ware; Terry Quinter, Roseview Transit; Sue Roberson, Human Resources; Tammy Glenn, City Controller Danny Sexton, AFSCME; Sergeant -at -Arms; and, Media. APPROVAL OF MINUTES Mr. Miller moved to approve the minutes of the meeting held November 5, 2012, supported by Mr. Oler. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS ■ DISABILITY AWARENESS — Dr. Darrell Greene, Messrs. Smith, McCormick and Stewart and Ms. Beck reviewed the concerns of the Community Council on Disability Awareness relative to accessible entrances and restrooms in local businesses, greater acceptance of persons with disabilities in the workplace, increased accessible transportation and affordable accessible housing. COMMUNICATION FROM THE MAYOR ■ American Flags which have been displayed through Veteran's Day have been taken down for the Winter. Four Hundred Twenty Seven flags were flying due to the efforts of Roger Stinson and the Veterans Council. ■ There will be a report from the Youth Council in January. ■ Employees of the Sanitary District have designed better /more sturdy Rosie Rollers. They are in the process of obtaining a patent on this new design. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY The minutes will be forwarded in the packet of information for the December 3, 2012 meeting. Common Council Minutes November 19, 2012 Page 2 of 7 REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and/or ORGANIZATIONS CITY CONTROLLER — Since the proposed 2013 Budget Ordinance was defeated, several questions have been forwarded to the State Board of Accounts and the Department of Local Government Finance. Questions and answers are as follows: 1. If the City is to maintain the same budgets, rates, and levies as 2012 in 2013, is this the original budget or the amended budget? I ask because there were approved reductions made recently to help balance the proposed 2013 budget. We will use certified budget for the purposes of the continuation. 2. Do the appropriations stay the same by fund only? For instance, if the fire dept budget is and will be $61W, does it matter if it is in personnel or services ?? A proposed budget usually takes into effect the increases and decreases in expenses, such as fuel. I can see where there will be a large volume of adjustments that will need to be made if we are restricted by account number. Yes, they stay the same by fund only. Line item detail is left to the taxing unit. 3. 1 can already see that the denial of the budget creating some cash flow problems in a couple of funds. For instance, police pension will have sufficient cash available and fire pension will be negative. What is the process, if any, to get cash from one fund to another mid -year. I've done additional appropriations by reductions within the general fund but, have never had to consider fund to fund adjustments. The City will want to follow the transfer procedure outlined in IC 36-1 -8-4 to transfer monies between funds for cash flow purposes. (IC 36 -1 -8-4 Transfer of prescribed amount to fund in need of money for cash flow purposes, extension of time for transfer) 4. Our allowable growth quotient from 2012 to 2013 will not be levied but will it be available in 2014? The State is allowing banked levy ?? I realize this could change with the upcoming session but, need to know what is allowable as of right now Yes, the Assessed Value Growth Quotient for 2013 will be available for 2014 in addition to the A VGQ for 2014. As additional information is provided, it will be made available to Council. MISCELLANEOUS BUSINESS None ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 67, 68 & 69 -2012 on first reading by title only, supported by Mr. Miller. Upon a vote viva voce, the motion passed. ORDINANCE NO. 67 -2012 - AN APPROPRIATION ORDINANCE AUTHORIZING ADDITIONAL APPROPRIATIONS FROM CERTAIN FUNDS The Clerk read Ordinance No. 67 -2012 on first reading by title only. Common Counts/ Minutes November 19, 2012 Page 3 of 7 This Ordinance is requesting the following additional sums of money be appropriated to the following funds: 1. General Fund $ 120,000.00 (Fire Department Overtime) 2. Cumulative Cap. Development $ 700,000.00 (Grant Fund) 3. Fire Pension $ 70,000.00 (Fire Pension) Mr. Wissel moved to advance Ordinance No. 67 -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. 67 -2012 on second reading by title only. Council President Quinn declared Ordinance No. 67 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 67- 2012, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 67 -2012 to third and final reading and 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. 67 -2012 on third reading by title only. Ordinance No. 67 -2012 was adopted with a 7 -0 roll call vote ORDINANCE NO. 68 -2012 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY — Fire Dept. The Clerk read Ordinance No. 68 -2012 on first reading by title only. This Ordinance would authorize the City of Richmond to accept grant funding from the U.S. Department of Homeland Security, Federal Emergency Management Agency in an amount up to One Million Dollars and Zero Cents ($1,000,000.00). The City is required to the match up to One Hundred Thousand Dollars and Zero Cents ($100,000.00) as required. These funds shall be used to purchase one (1) 100 foot aerial platform truck. Mr. Miller moved to advance Ordinance No. 68 -2012 to second reading, suspend the rules and read by title only, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 68 -2012 on second reading by title only. Council President Quinn declared Ordinance No. 68 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Wissel moved for engrossment of Ordinance No. 68 -2012, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 68 -2012 to third and final reading and 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. 68 -2012 on third reading by title only. Ordinance No. 68 -2012 was adopted with a 7 -0 roll call vote ORDINANCE NO. 69 -2012 - AN APPROPRIATION ORDINANCE AMENDING THE 2012 BUDGET (Roseview Transit) The Clerk read Ordinance No. 69 -2012 on first reading by title only. Common Council Minutes November 19, 2012 Page 4 of 7 This Ordinance would authorize the transfer of funds within the 2012 Roseview Transit annual budget: Delete: $1,895.00 from Vacation Buy Back $ 500.00 from Telephone and Fax $3,000.00 from Gas $1,000.00 from Contractual Printing $1,500.00 from Advertising Add: $7,895.00 to Gasoline Mr. Miller moved to advance Ordinance No. 69 -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. 69 -2012 on second reading by title only. Council President Quinn declared Ordinance No. 69 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Ms. Hollis moved for engrossment of Ordinance No. 69- 2012, supported by Mr. Elstro. Upon a vote viva voce, the motion passed. Mr. Elstro moved to advance Ordinance No. 69 -2012 to third and final reading and suspend the rules and read by title only, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 69 -2012 on third reading by title only. Ordinance No. 69 -2012 was adopted with a 7 -0 roll call vote 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. This Ordinance is a request of Perpetual Recycling Solutions, LLC for a 10 -year tax abatement on real estate valued at Three Million Five Hundred Thousand Dollars and zero cents ($3,500,000.00). Ordinance No. 52 -2010 was held on second reading until December 3, 2012. ORDINANCE NO. 642012 - 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 second reading by title only. This Ordinance is a request of Perpetual Recycling Solutions, LLC for a ten -year tax abatement on real estate valued at Four Million Six Hundred Fifty Thousand and zero cents ($4,650,000.00). The Tax Abatement Committee was neutral on this recommendation. Council will determine which guidelines are pertinent to this request. Council President Quinn declared Ordinance No. 64 -2012 on second reading and public hearing. Speaking in favor was Carter Smith. Ms. Hale asked for clarification of the guidelines. Ordinance No. 64 -2012 was held on second reading until December 3, 2012. Common Council Minutes November 19, 2012 Page 5 of 7 ORDINANCE NO. 66 -2012 — GENERAL ORDINANCE AMENDING THE RICHMOND CITY CODE FOR WORKING SPOUSE HEALTH INSURANCE The Clerk read Ordinance No. 66 -2012 on second reading by title only. This Ordinance would amend The Richmond City Code, Chapter 33 to add Section 33.08. Council President Quinn declared Ordinance No. 66 -2012 on second reading and public hearing. Mr. Chidester presented the following amended version of this Ordinance which was the result of collective bargaining negotiations (proposed changes are in bold): 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 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; 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 CiVs budget needs by requiring spouses of current City employees and spouses of City employees who retire after December 31, 2012 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 Common Council Minutes November 19, 2012 Page 6 of 7 WHEREAS, the anticipated casts of savings from implementing the working spouse rule for health insurance is uncertain but has been estimated to be anywhere from $600,000.00 to $1,200, 000.00 for all current and retired employees of the City of Richmond, and WHEREAS, November 28, 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 and those City employees who retire by December 31, 2012 wfl 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 and City employees who retire after December 31, 2012 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, except any spouse of a current retiree, or any spouse of a current full time employee who has signed up for the PERF DROP program prior to January 1, 2013, and still be eligible to remain on the City's Health Care Plan. This ordinance shall be in full force and effect from and alter its passage. Mr. Miller moved to approve the amendments as presented, supported by Mr. Oler. Upon a vote viva voce, the motion passed. Mr. Miller moved to amend the first day for open enrollment to read November 28, supported by Mr. Wissel. Upon a vote viva voce, the motion passed. Amended Ordinance No. 66 -2012 will be heard on third reading at a Special Meeting on November 27, 2012 at 5:00 PM. Additional time is necessary for all collective bargaining units to discuss the proposed changes. Common Council Minutes November 19, 2012 Page 7 of 7 ORDINANCES ON THIRD READING None CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adioumed. X) )A i athew Qbffin, Presidbnt ATTES Karen Chasteen, IAMC, MMC City Clerk A recording of this meeting is on file in the City Clerk's Office.