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HomeMy Public PortalAbout5/13/2003City of Greencastle City Hall • One North Locust Street P.O. Box 607 Greencastle, Indiana 46135 Pamela S. Jones Clerk - Treasurer GREENCASTLE COMMON COUNCIL REGULAR SESSION TUESDAY, MAY 13, 2003 7:00 P.M. CITY HALL The Greencastle Common Council met in Regular Session Tuesday, May 13, 2003, 7:00 p.m. at City Hall. Mayor Michael called the meeting to Order at 7:05 p.m. On the Roll Call, the following were found to be present: Councilor Roach, Councilor Hammer, Councilor Sedlack, Councilor Liechty and Councilor Rokicki. Public Petitions and Comments Randy List, representative for the Humane Society of Putnam County, addressed the Council regarding comments made at the April Council meeting and stated that the Board decided to do this at a public meeting since the comments were made at a public meeting. Mr. List stated that the HSPC does not advocate shooting animals when there are other means available. The FISPC is a receiving agency ONLY. HSPC does accept vicious animals and will continue to receive vicious animals, but officers MUST complete e paperwork. A vicious dog was left without paperwork and one of the HSPC employees was bitten by the animal. Mr. List continued that Dispatcher Sean Little called the IISPC and told Barbara Timm, Executive Director, not to call 911 or the sheriff's department regarding stray dogs or the out come would not be fruitful — they would be shot. Mayor Michael stated that she was not aware that there was a problem and stated that she has not heard anything from any of the Board members. Councilor Hammer stated he would like for the Chief to respond. Councilor Roach stated that there is a situation that needs to be rectified. Chief Hendrich stated there are two issues that need to be rectified and some misinformation - a meeting is needed to clear the air. Mayor Michael then stated that she and Chief Hendrich sat down with one of the "former" HSPC board members (this person is still a member of the HSPC Board) and the Mayor assumed that conversation was taken back to the HSPC. Mr. List stated that information was not brought back to the Board. Chief Hendrich stated that the mission statements of animal control and HSPC do not coincide. Councilor Hammer asked Chief Flendrich if it is policy to shoot animals. Chief Hendrich stated that it is not unless they try to bite or become a threat — Public Safety is an issue. Councilor Rokicki asked if HSPC members were going to talk to the County Officials also as this is a much broader issue. Mr. List passed out a letter and information regarding these issues which will be attached and become a part of the minutes. • Department Reports Additions to Department Reports as follows: Fire Chief Newgent stated his department is working on training. Councilor Roach stated that he had asked that the Animal Control information be included in the monthly report and it is not there. Chief Hendrich stated he sent that information by e -mail. Councilor Roach asked again that it be included in the Police Report. Mayor Michael reported the Old Industrial Park Agreement has been replaced with a "Community Facilities" Agreement. Councilor Sedlack asked if the Council would get an updated sidewalk list. Mayor Michael replied that they would and further stated they are working with Dash Construction and Spiker Excavating on sidewalks that will be completed this summer. CT Jones reminded Mayor Michael that the encumbered monies had to be spent on the list that was encumbered. Councilor Roach asked if asphalt bids had been let yet. Engineer Morrow stated he is still working on the specs. Mayor Michael stated stripping will be included with the asphalt bids this year. Councilor Sedlack thanked Engineer Morrow for all the work he does. Councilor Sedlack questioned Planner VonTress about why two of the items for DePauw were tabled at the BZA meeting. Planner VonTress stated they were withdrawn at the May meeting because the City needed to look at parking overall and according to our Ordinance they do have enough parking. Councilor Sedlack questioned moving a billboard from one side of town to another and asked if there is a provision for moving the billboard. Mayor Michael stated the BZA granted a variance to move the sign — according to our current Ordinance no billboards are allowed. Street Commissioner Miles stated that the list of trees on East Seminary Street has been evaluated. Street Commissioner Miles expressed how important it is to inspect trees and stated on May 5, 2003 at 2:48 a.m. a tree on Walnut Street fell into the street and onto a vehicle. The tree appeared to be healthy with a full crown of leaves, etc. The problem was in the root system — there was not enough space for the roots between the curb and sidewalk. Councilor Sedlack stated he walked East Seminary with Street Commissioner Miles and arborist Bill Lee and was very impressed with their knowledge and stated they received a variety of responses regarding trees in the area. Street Commissioner Miles stated this project will be done in stages with the worst coming down and those that can be pruned and saved will be pruned and saved. Councilor Sedlack stated that this is not an execution list. Street Commissioner Miles stated that it is not. Councilor Sedlack asked if there will be another brush pick up since the last storm. Street Commissioner Miles stated they will start Monday with one week of brush pick up running on the same schedule as the trash trucks. ob ® Street Commissioner Miles addressed the Council regarding moving some of the lease monies around to purchase another truck. Interest rates for the two leases we received for the street department trucks were very low — 1.97% for three years and 2.43% for five years. CT Jones stated payments are such that we could transfer funds around for another lease payment. Council instructed CT Jones to prepare the resolution for transfer. Cemetery Superintendent Robinson reported to Council the Cemetery Board has approved the purchase of a mini excavator. This will be paid for out of Cemetery Ground Improvement Funds. Park Director Weinschenk submitted his report at the meeting and briefly went over programs that are available through the Park Department. Wastewater Superintendent Mike Neese stated the Jackson Street Lift Station overflowed on Sunday and has been reported to IDEM. Motion to approve minutes from March 11, 2003, Regular Session; April 8, 2003, Regular Session and April 29, 2003, Special Session was made by Councilor Sedlack with the following corrections: March 11, 2003 and April 8, 2003 Regular Meetings, all department heads gave reports, seconded by Councilor Rokicki. Vote was unanimous. Motion to approve City claims as presented was made by Councilor Liechty, seconded by ® Councilor Hammer. Vote was unanimous. Councilor Liechty stated he likes the new docket. Greencastle Chamber of Commerce President John Parmley gave a presentation on a Marketing Project that will develop a plan to market Greencastle. Mr. Parmley stated this is a PLAN not a study. Mr. Parmley will present more detail at the next Council meeting. Lisa Eaton, Greencastle Custom Cycle, was present to request the closing of Vine Street Parking lot on September 6, 2003 at 4:00 p.m. to gather after a benefit ride, and a Noise Ordinance Waiver for bands to play until 11:00 p.m. Ms. Eaton stated that businesses have been notified. The bikes are scheduled to return to the parking lot between 5:00 and 5:30 p.m. with a bike show and bands beginning around 6:00 p.m. Ms. Eaton stated that Greencastle Custom Cycle will make sure the lot is be cleaned up after the event. Motion to approve the closing of Vine Street parking lot at 4:00 p.m., Saturday, September 6, 2003 and Noise Ordinance Waiver until 11:00 p.m. was made by Councilor Hammer, seconded by Councilor Rokicki. Vote was unanimous. Floyd Anderson, President Rolling Thunder Chapter 4, was present to request closing Indiana Street between Franklin Street and Washington Street from 7:30 a.m. to 10:30 a.m., May 22, 2003 to accommodate vehicles for the annual "Ride to the Wall ". Motion to approve made by Councilor Rokicki, seconded by Councilor Roach. Vote was unanimous. C] Putnam County Bicentennial Presentation was given by Lee Stewart. Mr. Stewart stated ® that a 10' x 27' stage and new steps are to be constructed on the north side of the courthouse and should be completed by July 4, 2005. No taxpayer money will be used for this project. DePauw University Student Policy Analysis Research Presentation on Non - Sewage Meters was presented to the Council. This was a feasibility study of non - metered sewage. A PowerPoint presentation was given that discussed the current policy, problems with the current policy, goals and objectives, criteria, methods, survey results and conclusions. Some of the problems listed included complaints about the current system, recognition that some charges are not reflective of actual use, concerns about financial integrity of the system and shortfalls that could occur, concern about sewage rates and there fact that there is no formal complaint process which limits the information regarding complaints. Four options were given: Keep the current method; add second meter for seasonal waterings; seasonal pricing system and a rebate system for businesses. The criteria used information for fiscal soundness; who will benefit — winners and losers; perception of fairness; accuracy and political feasibility. The students spoke with the Mayor, Water Superintendent Dale, Wastewater Superintendent Neese, researched Board of Works minutes and the Banner Graphic to get information. They also conducted telephone and face -to -face surveys. The results of the residential survey showed that approximately 50% of the customers are dissatisfied with pricing as is today, 20 % are somewhat satisfied and 40% don't understand. Most ® preferred seasonal pricing with some saying a second meter would be nice, but most were unwilling to pay for a second meter. Business surveys showed the following results: 42.1% show some level of satisfaction; 30% were middle ground; and 15.8% don't like the current system at all. Seventy percent of businesses like the second meter system, but were also unwilling to pay for the second meter and 63.2% of the businesses want a rebate of some kind. In conclusion, the students recommended seasonal pricing stating it is the most fiscally responsible, most fair and politically feasible decision. Park Director Rod Weinschenk stated he is working with Big Walnut Sports Park and the County to secure funding for the City to take over Big Walnut Sports Park. Resolution 2003 -23, A Resolution Amending the Capital Improvement Plan for the County Economic Development Income Tax (EDIT)(RE: Main Street Funding) was moved to be discussed at this time. Mayor Michael read the Resolution. Executive Director Lisa Gibson stated the letter she submitted requested $10,000.00, not $7,500.00. Mayor Michael stated that the City will also be asked to contribute $10,000.00 to the Market Analysis. Motion to approve Resolution 2003 -23 with the 2003 amount for Main Street to be $10,000.00 instead of $7,500.00 was made by Councilor Sedlack, seconded by Councilor Rokicki. Vote was unanimous. 0 ® Ordinance 2003 -5, An Ordinance Amending Ordinance 1997 -7 Regarding Adult Bookstore /Business Regulations, second reading. Motion to approve made by Councilor Hammer, seconded by Councilor Roach. Vote was unanimous. Ordinance 2003 -6, An Ordinance Amending Greencastle Plan and Zoning Ordinance by Amending the Zoning Map (315 Hanna Street — Tabled April 9, 2003), first reading. Councilor Hammer made the motion to remove this Ordinance from the table, seconded by Councilor Rokicki. Vote was unanimous. Richard Speller, DePauw University, passed out "DePauw University Six Year Summary of Community Contributions" (which has been attached and made a part of these minutes) to Councilmembers and stated he is here to dispel misunderstandings that were raised at the April meeting. Mr. Speller stated there were three issues at the April Council meeting that need to be addressed: 1. Appearance of 315 Hanna Street. This property is not currently owned by DePauw, although, DePauw is purchasing this property to "square off' the property for the parking lot at Rector Village. DePauw cannot go onto someone else's property and make changes. Mr. Speller told the Council that there will be one more year of `out -in -town' living then all DePauw students will be housed on campus. 2. Parking — on campus and at Walden Inn. Mr. Speller explained to Council that DePauw does not own Walden Inn. Walden Inn made the commitment to use a shuttle, not DePauw. Councilor Hammer asked what criteria Walden Inn uses to determine if a shuttle is needed or not. ® Mr. Speller stated they are still working on that. Councilor Sedlack and Councilor Lieehty stated they are very disappointed and frustrated with the way DePauw handles parking and other issues. 3. Property Taxes — Mr. Speller stated that the property at 315 Hanna Street generates approximately $826.00 per year in taxes — the City's portion would be about one -fourth of that. Mr. Speller further stated that DePauw does pay property tax on property that is used as rental property for faculty, etc. Mr. Speller went on to say that DePauw has contributed approximately $440,000.00 to the City over the past six years. Councilor Rokicki stated that Rector Village is going to be built whether we rezone this or not. If we do not rezone we push those cars out into the neighborhoods for them to contend with. Councilor Sedlack stated that the University CAN mandate parking in other lots. Councilor Sedlack stated he is voting against this Ordinance because DePauw does not need more parking spaces; there are a total of 2,119 spaces, only 1816 permits have been issued which leaves an excess of 303 parking spaces. At this point Attorney Robertson advised Councilor Sedlack to abstain from voting due to pecuniary interest he would have by working at DePauw. Councilor Sedlack stated he is voting against and if there is a conflict he doesn't know where it is. When logic and the law conflict, Councilor Sedlack stated, he will go with logic. After more discussion, Councilor Rokicki made the motion to approve Ordinance 2003 -6, seconded by Councilor Hammer. Roll Call vote as follows: Councilor Roach No " Councilor Hammer Councilor Sedlack Yes No Councilor Liechty No Councilor Rokicki Yes This Ordinance fails 3 -2. Resolution 2003 -16, A Resolution Declaring an Economic Revitalization Area (Heartland). Councilor Roach made the motion to waive the reading and adopt Resolution 2003 -16, seconded by Councilor Sedlack. Vote was unanimous. Resolution 2003 -17, A Resolution Affirming Crown Equipment Corporation of Compliance with Statement of Benefits; Resolution 2003 -18, A Resolution Affirming FB Distro, Inc. of Compliance with Statement of Benefits; Resolution 2003 -19, A Resolution Affirming H.A. Products of Indiana Company (2001 Expansion) of Compliance with Statement of Benefits; Resolution 2003 -20, A Resolution Affirming Heartland Automotive LLC (1997 Expansion) of Compliance with Statement of Benefits; Resolution 2003 -21, A Resolution Affirming Heartland Automotive LLC (2000 Expansion) of Compliance with Statement of Benefits; and Resolution 2003 -22, A Resolution Affirming Wal -Mart East, Inc. of Compliance with Statement of Benefits, were presented to the Council. Councilor Roach requested in the future that Mr. Dory prepare a one page summary for " each abatement. Motion to approve Resolution 2003 -17 through Resolution 2003 -22 was made by Councilor Roach, seconded by Councilor Rokicki. Vote was unanimous. Resolution 2003 -24, A Resolution Authorizing the Funding of the Greencastle/Putnam County Development Center from Industrial Development Funds for 2003, was read by Mayor. The GC/PC Development is requesting annual funding of $34,500.00 with $17,250.00 due in June and $17,250.00 due in October. Motion to approve made by Councilor Hammer, seconded by Councilor Liechty. Vote was unanimous. Ordinance 2003 -7, An Ordinance Establishing Fee Schedule for Planning and Zoning Documents, first reading, was read by Mayor Michael. Motion to approve made by Councilor Rokicki, seconded by Councilor Hammer. Vote was unanimous. Police Chief Hendrich submitted a letter regarding Operational Federal Grants to the Council at the meeting. This letter discussed a grant in the amount of $25,000.00 for overtime above the normal overtime. Chief Hendrich stated he does not know how much the local match will be, but it is generally 10 %. The second item to be noted in the letter is the Universal Hiring Program. This provides approximately 75% reimbursement for a three year period for additional officer(s) to be hired. Councilor Roach suggested going for the overtime grant and not the additional officer at this time. Motion was made by Councilor Hammer to apply for the Overtime grant, seconded by Councilor Sedlack. " Vote was unanimous. " " Councilor Sedlack congratulated former Councilmember Sherry Roach for being chosen to give the commencement speech at Indiana State University. Councilor Sedlack also congratulated Councilor Liechty for coming in first in his age group at the mini - marathon. Motion to adjourn made by Councilor Hammer at 11:55 p.m., seconded by Councilor Sedlack. Vote was unanimous. ATTEST: (�� Pamela S. Jones, Cle k 9asurer Nancy A. M hael, Mayor ® HUMANE SOCIETY of PUTNAM COUNTY P.O. Box 444 Greencastle IN 46135 765- 653 -5739 Date: Tuesday, May 13, 2003 Dear Mayor, Council Members And Police Department, The board of the Humane Society of Putnam County felt it was important to address our policies in light of recent statements made at the April 2003 City Council meeting and also from conversations with the 911 dispatcher. At your April council meeting you were addressing a situation where a dog was shot by the police department. We are not writing this letter in protest or to question why this action had to be taken. We know that our local police department tries to handle those situations as humanely as possible and we thank them for that. However we do not advocate shooting dogs where other avenues are available. The reason for this letter is to inform the Council that the Humane Society is a receiving agency only and our policies concerning vicious animals. In the April meeting, Police Chief Jim Hendrich made the statement that the Humane Society does not except vicious animals. This simply is not true. We have always accepted vicious animals, and have no plan to change that policy in the future. We do however need for the police department to properly fill out our forms when dropping off an animal. In March the police department did not properly report that an animal was vicious, and unfortunately one of our staff members at the Humane Shelter was bitten. On April 4, 2003 Putnam County Dispatcher, Sean Little called the Humane Shelter and spoke with Barbara Timm, the shelter director. Mr. Little called to inform the Humane Society that they were NOT to tell people to call Animal Control or the sheriff's department for animal control problems. He stated that they would only handle vicious dog complaints. Mr. Little went on to say that if 911 receives calls regarding dog problems they will not come to a fruitful end, they would be shot. When Barbara Timm asked about the Animal Control job description, Mr. Little responded that they did not care what that was, this is the way they are going to handle things. Mr. Little finished by saying that the city/county council had denied the county money for animal control repeatedly, and that dog tax money was going to reimburse people for animal injuries, but not for animal control. Also attached to this letter is a copy of a letter which Humane Society President, Cathy Monaco received from David Costin, Putnam County 911 Director. Ms. Monaco had asked for information about the conversation Mr. Little had with Barbara Timm on April 4, 2003. As you can see, Mr. Costin does not address the conversation between the two, but instead the policy of the police department for handling vicious dogs. I'm sure that the City Council does not need to be reminded that Ordinance 2000 -18 that was signed by the council on August 8, 2000, addresses all these concerns. Also attached is Indiana Code IC36- 8 -3 -18, that talks about the city's responsibilities involving the position of "Humane Officers." I hope this helps to clear up some of the misunderstandings between the Humane Society and the City of Greencastle. If anyone on the council, the mayor, or the police department would like to sit down with our board or staff, we would welcome the opportunity to improve the understanding and working relationship. We appreciate the work that the police department does handling the animal problem in Greencastle and hope that we can continue to work hand in hand for years to come. ® Sincerely, Board of Directors Cathy Monaco, Pamm Jones, David Greenburg, Jenni Rattray, Sid Tongret, Don Brattam, Joanne Cole, Troy Freeman, Carol Hamm, Randy List. Ed Lattanzio, Richard Lyon, and Barbara Timm, Executive Director. E911 �*o Ms. Cathy Monaco April 29, 2003 PI?TNAM COUNTY 911 PUTNAM COUNTY COURTHOUSE #20 1 W WASHINGTON ST GREENCASTLE IN 46135 PHONE: (765) 653 -5115 or (765) 795 -4791 FAX. (765) 653 -5117 deostinAccrtc.com Re: Dog Calls in the City of Creencastle Cathy: At your request I am writing this letter. It is my understanding that the Putnam ® County Humane Society will not accept vicious dogs. Given this recourse, and from information relayed to me by my dispatchers, the Creencastle Police Department is left with no other recourse than to euthanize such animals when encountered in the corporate limits of Greencastle. The methods used are always a firearm. It is my understanding that the City of Greencastle does not presently have the funds to provide for a dog catcher andlor animal shelter. Res fully David C. Costin Putnam County 911 Director u ORDINANCE 2000 -18 C� e AN ORDINANCE AMENDING AND REPLACING ARTICLE 3 OF TIIE GREENCASTLE CITY CODE BE IT ORDAINED AND ADOPTED by the Common Council of the City of Greencastle, Indiana, that Article 3 of the Greencastle City Code, is hereby replaced in its entirety. (See attached Article 3.) NOW THEREFORE BE IT ORDAINED that the Common Council approve the Ordinance Amending and Replacing Article 3 of the Greencastle City Code. COMMON COUNCIL OF THE CITY OF GREENCAS Toni Roach akmmer _ P/�SSED ADOPTED by the Common Council of the City of Greencastle, Indiana this ay of 2000. X O foe Lty Approved and signed by me this P of 2000, at q_X0 o'clock p.m. ( ATTEST: Cu Pamela S. Jones, 'te reasurer F,AaordAmdAn3 a yA. ichael, Mayor C I ARTICLE 3. ANIMAI, CARE AND CONTROL See. 6 -20 Definitions. ® a. Animal means any live vertebrate creature, domestic or wild. b. Animal shelter means any facility operated by a humane society or municipal agency, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this Chapter or state law. c. Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling cats and dogs. d. Owner means any person, partnership, or corporation owning, keeping or harboring one (1) or more animals. An animal shall be deemed harbored if it is fed or sheltered for three (3) or more consecutive days. e. Pct means any animal kept for pleasure and not denied by state law or by this Code or any ordinance of the City of Greencastle. f. Public nuisance means any animal that; 1. runs at large; 2. attacks other animals; 3. molests passersby or passing vehicles; ® 4. barks, whines, or howls in an excessive, continuous, or untimely fashion; 5. damages private or public property; 6. nuns at large while in heat; or 7, trespasses on school grounds. g. Restrained animal means any animal: 1. secured by a leash or led or under the control of a responsible person and obedient to the person's commands; or 2. within the real property limits of its owner. h. Vicious animal means an animal that constitutes a physical threat to human beings or other animals. i. Wild animal means an animal whose species usually: 1. lives in the wild; or 2. is not domesticated. C Sec. 6 -21 Duty to Control or Restrain Animals.' ® a. No person shall allow any cattle, sheep, swine, fowl, dogs, cats, or other domestic animals to run at large in the City, b. Every owner shall exercise proper care and control of hlsAleI animals to prevent them from becoming a public nuisance. c. Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal other than for supervised and planned breeding, d. No animals shall be allowed on any lot, other than a domesticated animal no larger than the largest of the registered dog breeds, and no more than two (2) animals may be kept outside of the dwelling, whether in a pet house or otherwise. c. The City shall not be responsible for catching or disposing of wild animals. Sec. 6 -22 Impoundment and Disposition of Unrestrained Dogs and Nuisance Animals. a. Unrestrained dogs and nuisance animals shall be taken by the humane officer or other City police officer and impounded in an animal shelter and there confined in a humane manner. b. If by a license tag or other means the owner of an impounded animal can be identified, the humane officer shall immediately upon impoundment notify the owner by telephone or certified mail. c. After an animal ltas been held unredeemed at the animal shelter for a period of three ® (3) days, it may be disposed of by the animal shelter in accordance with its policies and procedures and as permitted by law. d. An owner may redeem his/her animal upon showing of proof of vaccination or prepayment of vaccination at the humane shelter. Animals impounded under any section of this Article shall be released only upon approval of, and at the sole discretion of the Humane Officer, upon his/her determination that the animal is not a health or safety threat. See. 6 -23 Liability of Owner for Animal Found at Large. a, in addition to or in lieu of impounding an animal fotmd at large, the humane officer or a City police officer may issue to the known owner of such animal a notice of ordinance violation. b. The notice of violation shall impose upon the owner a penalty of fifty dollars ($50.00) for the first violation. The fine for any subsequent violation occurring within the same calendar year shall be one hundred dollars ($100.00), which is to be paid to the Clerk - Treasurer of the City within forty-eight (48) hours in full satisfaction of the assessed penalty. c. The owner shall be responsible Cor repaying the City for any boarding or other fees charged by the animal shelter. ® 9 I.C., § 15- 2.1 -21 -8, addresses recklessly permitting a domestic animal to run at large, d. In addition to the above, the owner shall be responsible for any court costs and attorneys fees associated with collection of the above amounts. ® See. 6 -24 Confinement or Muzzling Dogs upon Order of County'3oard of Health. a, Whenever the Putnam County Board of Health determines that there is danger of the existence or spread of hydrophobia within or near the City, it may issue an order requiring any Person ownng, possessing, or having the care and control of any dog either to confine or to muzzle such animal for a term of not less than thixty (30) nor more than sixty (60) days after the date of such order. b. The order of the Putnam County Board of Health shall be published in one (1) issue of a daily newspaper published in the City or a printed copy thereof shall be posted in at least three (3) public places in the City. c. Any person subject to the order of the Putnam County .Board of Health shall, during the period of time specified therein: thereby; or 1. confine such animal so as to prevent it from biting arty other animal or being bitten 2, securely and effectually muzzle it in such manner as to make it impossible for the animal to bite any person or any other animal. d. No muzzle is lawful unless it is of such form, material, and strength ans so attached and fastened as to effectually prevent an animal from biting. e. Any dog that is found running at large within the City without a muzzle during the time specified in the order of the Putnam County Board of Health is declared to be a nuisance. ® f. Upon the issuance and publication of the order of the Putnam County Board of 14calth and after the expiration of twenty-four (24) hours from such publication, the law enforcement authorities shall kill any dog running at large within the City during the time specified in such order unless it is securely and effectually muzzled as required by this Section. See. 6 -25 Control and Disposition of Vicious Animals.t a. No person shall keep or permit any vicious animal within the City unless the animal is secured by a chain on his premises or is muzzled to prevent the animal from biting. b. Any dog that has bitten or attacked any person or other animal shall be considered vicious and shall be impounded for a period of ten (1.0) days or so long as the Putnam County Board of Health may otherwise determine. In lieu of impounding the dog at the animal shelter, the owner, at his expense, may provide for such dog to be delivered by the humane officer to a commercial kennel operated by a licensed veterinarian for such period. After such period, the animal shall be released or disposed of as the humane ofticcr shall direct. c. Any unmuzzled animal that is found running at Large and is believed to be vicious may be destroyed by law enforcement authorities. 10 I_C,, § 15- 2.1 -6 -1, etseq., addresses Rabies quay mine procedures and health care requirements, El See. 6 -26 Loud Animals that Disturb the Peace Prohibited. ® No persons shall keep within the City any anunal that by loud and frequent barking, howling, yelping, or other animal noises disturbs the peace and quiet or annoys any citizens. See. 6 -27 Name Tags for Dogs Required. No owner or person having custody of any dog shall allow such dog to be on the streets or other public places or upon the lands of others in the City unless such dog is wearing a name tag that gives the name and address of the owner or person having custody of such dog. See. 6 -28 ,Keeping of Wild or Vicious Animals for Display or Exhibition Prohibited. No person shall keep or permit to be kept on his/her premises a wild or vicious animal for display or for exhibition purposes. This prolubition shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses. Sec. 6-29 Treatment and Care of Animals. a. No owner or person responsible shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment. b. No person slmall beat, treat cruelly, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, or other combat between animals or between animals and humans. c. No owner of an animal shall abandon an animal.. ® d. No person shall knowingly expose any known poisonous substance, whether mixed with food or not, so that the substance is liable to be eaten by any animal; however, it is not unlawful for a person to expose on his/her own property common rat poison mixed only with vegetable substance, Sec. 6-30 Removal of Animal Waste by Owner of Animal. The owner of every animal shall be responsible for the removal of any excreta deposited by the animal on public walks, recreation areas, or private property. See. 6 -31 Removal and Disposition of Dead Animals. a. Any person who becomes apprized of the death of any animal owned by him within the City shall, within six (6) hours thereafter, cause the animal to be removed and buried or disposed of so as not to becoine a nuisance. b. When such animal is killed by any person other than its owner and the person who killed it is known, the owner shall not be compelled to remove the animal, and the animal shall be removed by the person who killed it. Sec. 6 -32 Restrictions on the Operation of KenncLs, Stables, and Other Animal Pens and Shelters. No person shall keep within the City any pig sty, kennel, stable, or other animal pen or ® shelter in such a manner as to create or cause any offensive or noxious smell or condition or maintain or use any such arumal pen or shelter constructed in such manner as to permit the contents of filth therein to run or wash upon the premises owned or occupied by another or upon any street or other public place. Sec. 6 -33 Restriction on the Sale of Young Animals. a. No person shall sell or offer for sale, raffle, offer or give as a prize, premium, or advertising device, or display in any store, shop, carnival, or other place any chick, duckling, gosling, or rabbit that has been dyed or otherwise colored artificially. b. No person shall sell or offer for sale, raffle, or offer or give as a prize, premium, or advertising device, or display in any store, shop, carnival, or advertising device any chicks, ducklings, or goslings younger than four (4) weeks of age in quantities of less than twelve (12) birds to each individual person. c. All stores, shops, vendors, and others offering chicks, ducklings, or goslings for sale shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings, or goslings in good health and shall keep adequate food and water available to the birds at all times. d. No person shall raffle or offer or give as a prize, premium, or advertising device any live vertebrate animal. e. This section does not prohibit the lawful sale of animals where proper precautions are nrnde for the health and safety of the animals and the sale is conducted in such a manner so as not to create a public nuisance. Sec. 6 -34 Restrictions on Time when Livestock or Poultry May be Kept in a Sales Barn. Any owner or operator of any sales barn within the City shall not keep wiUrin the sales barn any livestock or poultry before 6:00 a.m. or later than 11:00 p.m. of the day on which such animals are delivered at the sales barn; however, when weather conditions are such that to remove the livestock or poultry would be dangerous to the lives of such animals, the animals may remain in the sales barn until the weather permits their removal. See. 6 -35 Violations and Penalties. Any person who violates any provision of the Chapter commits a Class C ordinance violation and shall be fined not less than fifty dollars ($50.00). Each day that a violation continues shall be deemed a separate violation and shall carry a $50.00 tine unless specifically stated otherwise herein. Sec. 6 -36 through See. 6 -39 Reserved for Future Use. 11 IC 36- 8 -3 -18 Sec. 18. A humane officer shall be appointed in even city from among the members of the police department. The humane officer shall detect and arrest persons violating humane statutes. He is entitled to ® the same pa }• as other police officers of the city and is subject to the control and discipline of the police department. If there is an incorporated humane society in the city, the humane officer shall attend the stated and special meetings of the society and shall report to it. at least once a month, on all matters relating to his duties under law for the previous month. If a humane statute or ordinance has. to his knowledge, been violated he shall, if directed by the president of the humane society. file his affida%its before a court charging the person violating the law with the violation. As added by Acts 1981, P.L.309, SEC. 52. IC 15- 2.1 -6 -10 Sec. 10. (a) It is the duty of all police officers to impound or destroy an animal found running at large: (1) during a quarantine ordered under section 1 of this chapter: or (2) that is the subject of an order of confinement under section 11 of this chapter. (b) A police officer or other authorized individual shall impound an animal that is subject to quarantine or confinement under this chapter if a statement is prodded to the officer or authorized individual that states that the animal has broken quarantine or confinement. The statement must be: (1) in writing; (2) given under oath; (3) signed by at least two (2) individuals; and (4) must include the name and address of the owner or suspected owner of the animal if known. (c) When possible, the authorized individual or agency contacted under this section shall give written notice to the owner or suspected owner of the animal before destroying and upon impounding that animal. (d) All costs incurred by a local government relating to the impoundment of an animal under subsection (b) shall be paid by the owner of the animal' As addedIC 35- 46 -3-6 ® Sec. 6. (a) Ais section does not apply to a violation of section 1 of this chapter. (b) Any law enforcement officer or any other person having authority to impound animals who has probable cause to believe there has been a violation of this chapter or IC 15- 5 -12 -3 may take custody of the animal involved (c) The animal shall be properly cared for pending disposition of charges under this chapter or IC 15 -5- 12. (d) If the owner requests, the court having jurisdiction of crinthial charges filed under this chapter or IC 15 -5 -12 shall hold a hearing to determine whetter probable cause exists to believe that a violation of this chapter or IC 15 -5 -12 has occurred. If the court determines that probable cause does not exist, the court shall order the animal returned to its owner. (e) This subsection applies only to livestock animals. Whenever charges are filed under this chapter, the court shall appoint the state veterinarian under IC 15- 2.1 -2 -50 or the state veterinarian's designee to: (1) investigate the condition of the animal and the circumstances relating to the animal's condition; and (2) make a recommendation to the court under subsection (f) regarding the confiscation of the animal. (f) The state veterinarian or the state veterinarian's designee who is appointed under subsection (e) shall do the following: (1) Make a recommendation to the court contenting whether confiscation is necessary to protect the safe" and well -being of the animal. (2) If confiscation is reconntended under subdivision (1). recotrunend a manner for handling the confiscation and disposition of the animal that is in the best interests of the animal. The state veterinarian or the state veterinarian's designee who submits a recommendation under this subsection shall articulate to the court the reasons supporting the recommendation. (g) The court: ® (1) shall give substantial weight to; and DePauw University Six Year Summary of Community Contributions 0 DePauw University Summary of Community Contributions DePauw University has donated more than $1.26 million in money, materials and services to the citizens of Putnam County over the past six years. • Of the total $1.26 million, $440,000 has gone directly to the city of Greencastle. Homes taken or scheduled to be taken from the property tax rolls because of the University's building projects will result in $271,000 in lost taxes to Putnam County over six years. • That amount represents 21.5% of the donations DePauw has made to the community. ■ Homes taken from the property tax rolls because of the University's building projects have resulted in $65,000 in lost taxes to the city of Greencastle. That amount represents 5.1 % of the donations DePauw has made to the community. • Donations DePauw has made include: o $134,000 to the Greencastle Fire Department o $305,000 for storm sewer extensions, curbs, and sidewalks, work the city typically does and pays for. o $121,000 direct subsidy to The Children's Center, a community day care center on Crown Street. o Twenty -four local students benefited this school year by taking courses through the Alpha Program, and DePauw discounted its tuition to those students by 93.4 %, a benefit to the community totaling $63,000. Over the past six years about 250 local students participated in the Alpha Program for total scholarship benefits of over $574,000. • • 0 In the past 18 months, DePauw's Community Technology Enhancement Program has donated 93 computers, 22 printers, and 9 monitors with a market value of over $10,000 to individuals and charitable organizations in Greencastle and Putnam County. ■ Taxes paid over six years by DePauw University on rental properties total $181,000. • Property and sales taxes paid by the Walden Inn, which was largely financed by DePauw, amounted to $841,000 over the six - year period, or about $140,000 annually. Following the recent $5.25 million expansion of the Walden Inn, which was financed by the University, the community can expect marked increases in Walden Inn sales and innkeeper taxes from the increased economic activity and in property taxes from reassessment of the improved property. • Summary of Benefits from Contributions and Taxes Six years of DePauw University contributions $1,268,000 Six years of taxes paid by DePauw University 181,000 Six years of taxes paid by Walden Inn (before reassessment and expansion) 841,000 Total contributions and taxes paid $2,290,000 Less six years of taxes lost to removal of DePauw properties from tax rolls (271,000) Net gain to community from contributions and taxes paid 2 019 000 40 40 0 DEPAUW UNIVERSITY SIX YEAR SUMMARY OF COMMUNITY CONTRIBUTIONS To City of Greencastle: Catering, Printing, & Physical Plant Services Curbs, Sidewalks, & Sewer Extensions Fire Department Equipment Total -City of Greencastle To Other Community Organizations: 4 -H Auction 4th of July Celebration Chamber of Commerce Civic League Development Center Family Support Services Greencastle School Peace Initiative Jaycees Park Main Street Greencastle Putnam County Emergency Management Putnam County Foundation Putnam County Leadership Foundation Relay for Life The Children's Center United Way Total -Other Organizations Other Community Contributions: Alpha Program - Discounted Tuition Computer donations Total -Other Community Contributions Total Community Contributions TO DATE 1997 -98 1998 -99 1999 -00 2000 -01 2001 -02 2002 -03 TOTALS $ 311 $ 117 $ 428 29,401 $ 125,092 $ 151,000 305,493 25,000 98,000 10,750 133,750 $ 25,311 $ 29,518 $ 125,092 $ 98,000 $ 10,750 $ 151,000 $ 439,671 $ 82,500 $ 92,070 $ 81,648 $ 70,950 $ 113,275 $ 133,875 $ 574,318 1,325 8,750 10,075 $ 82,500 $ 92,070 $ 81,648 $ 70,950 $ 114,600 $ 142,625 $ 584,393 $ 114,313 $ 144,505 $ 219,327 $ 191,785 $ 159,937 $ 350,250 $ 1,267,868 0 0 $ 2,831 $ 2,763 $ 2,821 $ 2,904 $ 11,319 $ 250 250 1,152 $ 1,867 1,706 1,703 2,199 2,367 10,994 50 50 50 50 50 50 300 5,000 5,000 5,000 5,000 5,000 25,000 100 300 460 860 7,500 7,500 1,000 1,000 50 5,000 2,500 2,500 2,500 2,500 15,050 10,000 10,000 15,000 15,000 500 500 500 1,500 1,000 2,500 3,500 23,569 21,444 31,162 15,719 15,717 13,309 120,920 76 5,000 5,500 5,000 5,035 20,611 $ 243,804 $ 6,502 $ 22.917 $ 12,587 $ 22,835 $ 34,587 $ 56,625 $ 82,500 $ 92,070 $ 81,648 $ 70,950 $ 113,275 $ 133,875 $ 574,318 1,325 8,750 10,075 $ 82,500 $ 92,070 $ 81,648 $ 70,950 $ 114,600 $ 142,625 $ 584,393 $ 114,313 $ 144,505 $ 219,327 $ 191,785 $ 159,937 $ 350,250 $ 1,267,868 0 0 ® DEPAUW UNIVERSITY PARKING SPACES (UN Zone) As of April 4, 2003 Location Ohio & Locust South Hogate on Locust 719 South Locust (house) 713 South Locust (house) 709 South Locust (house) 703 South Locust (house) Media Center (Central) East Humbert on Locust St. Performing Arts Center -North Elm Street by Central East College- north -angle Anderson Hall- north -by Admin.Bldg. Hartman Center - south -by Admin Bldg. Hartman Center - east Locust & Poplar - north Seminary St. Apts. 301 Seminary Emison Art Center O'Hair House Admission - excluding visitors Library - west Library - south • Olin Bldg. - north Olin Bldg. - west 6 Duplexes Julian Center - west Hanna & Central Rector Village (new) Peeler Art Center - south Physical Plant - north Physical Plant - east Physical Plant - south Lilly Center - south 806 Lincoln (house) College St. Hall - west Logden Hall - south Jackson - west- by Cemetery 514 S. Jackson (house) 610 S. Jackson (house) 412 S. Jackson (house) Service Center - south 503 & 505 S. Jackson - duplex 308 S. Indiana St. Greek Units ` Blackstock Stadium " Total Spaces Greek Unit Parking' Alpha Tau Omega 33 Pi Beta Phi 138 Beta Theta Pi 7 Alpha Phi 6 Kappa Kappa Gamma 3 Sigma Alpha Epsilon 5 Delta Gamma 6 Delta Chi 42 Phi Kappa Psi 2 Delta Zeta 29 Alpha Chi Omega 13 Kappa Alpha Theta 13 Phi Gamma Delta 53 Sub -total 35 16 14 30 12 79 42 84 32 94 127 12 32 20 101 6 32 14 47 6 6 19 19 4 368 495 2,119 Spaces 40 57 25 16 34 24 33 3 33 21 25 37 20 368 Blackstock Parking " North of Track East of Track South -upper of Football Stadium South -lower of Football Stadium Sub -total Students in "UN" Zone Total Students Less Students outside "UN" Zone: O.I.T. Students Greek Students Students in houses Bloomington Senior House Little Rock Apts. Total Students in "UN" Zone 32 170 289 495 2,350 45 171 32 60 25 (333) Parking Ratios (Code) 1 space /staff (668) 1/2 space /resident student' (2017) 1 space /DPU vehicle (28) Total Required Spaces per Code 2,017 668 1,009 28 1,705 Spaces Available in UN Zoo Spaces Requird in UN Zone >s Spaces in UN Zone 2,1 0 /' x/17 /U�) City of Greencastle Ph: 765-653-2925 Fax: 765 -653 -5514 E -mail: GPD145 @ccrtc.com The Greencastle Common Council May 8, 2003 Operational Federal Grants Police Department 600 N.Jackson Greencastle, Indiana 46135 Council Members, We have been notified that operational grants will be offered to the Greencastle Police department starting in fiscal year 2004. Funds will be granted for the payment of overtime hours by police officers, which are deployed to provide security in specific areas. Requests might come from schools, government, or hosts of special events in the community. The dollar amount is for $25,000, and must be used within one year, in addition to overtime dollars already allocated. We must include documentation of overtime allocations for the department for the past several years. The government will not allow local governments to utilize these dollars to subsidize existing or projected ' overtime budgets. A local match will be required, but the percentage has not been determined. The second notification includes the re- activation of the Universal Hiring Program. The federal government will provide funding for additional police officers for a three -year period. The amount of the award will be determined upon review of the information submitted by the police agency. The rationale by the government spending these dollars, is to ease the burden on local units to fund overtime, because of Homeland Security alerts or requests for service associated with these alerts. The federal government is aware of the extra demands that have been placed on local departments that effect manpower utilization. Our department has taken on these additional responsibilities, as well as animal control, and you already see the explosion of calls related to that responsibility. I need input from the community and it's leaders in order to plan for the needs of the citizens of Greencastle over the next five years. It will help to create the next five -year plan and manpower allocations. The application period will expire on June 13,2003, of this year. I am notifying the council of this opportunity to consider this proposal during our budget process for the 2004. If you give your approval to submit the application, I will apply for and include line items in the FY 2004 budget that address these funding opportunities. I am not asking for a commitment at this time, but if the council does not consider the grant appropriate, then I would not submit an application at this time. It would be unfair to other agencies that request funding. Respectively, endrich