June 17, 2024 at 10:19 p.m.
Portland City Council

Decorum guidelines OK'd

Council approves ordinance on second reading


Guidelines are in place for conduct at Portland City Council meetings.

The council during its meeting Monday approved on second and final reading an ordinance that provides details on how to get on the agenda, time limits for comment and a procedure for removal from meetings.

The ordinance was approved on first reading last month.

The new ordinance lays out the following for public participation in city council meetings:

•Those interested in addressing the council should contact the clerk-treasurer by the Wednesday before the meeting in order to be added to the agenda.

•Individuals speaking in favor or opposition of a matter being presented will be limited to five minutes.

•Those presenting information to the council may be limited to three minutes in situations in which a large number of individuals are in attendance in order to allow everyone a chance to address the council.

•The council reserves the right to deny an individual the ability to comment following a warning from the presiding officer if the individual is behaving in a manner the council deems inappropriate. An individual may also be removed from the meeting on the third warning.

Council members Kent McClung, Michele Brewster, Dave Golden, Matt Goldsworthy, Mike Aker, Ashley Hilfiker and Ron May unanimously approved the ordinance on second reading without further discussion Monday.

The ordinance follows the structure detailed by State Rep. J.D. Prescott’s House Bill 1338 that was approved during the 2024 legislative session. It creates guidelines for local units of government to establish rules for public comment during meetings, including restrictions on time. It has a “three strike” procedure — two verbal warnings followed by removal — for enforcing those rules and clarifies that law enforcement officers can’t be held liable for removing individuals from those meetings.

Also approved on second and final reading was an ordinance to increase the required deposit for water service to $150 for meters 1.5 inches or smaller. The deposit was previously $100. (The change will only affect new customers.)

Following significant discussion, council voted 4-3 to approve adding tops signs to make the intersection of Water and Middle streets a four-way stop. McClung, Golden, Aker and Hilfiker were in favor with Goldsworthy, Brewster and May against.

Mayor Jeff Westlake brought the proposal to the council citing safety issues. (The intersection is currently a two-way stop with through traffic on Middle Street.) Golden agreed that the lack of a stop sign is a safety hazard — he noted that his wife was involved in an accident there — with McClung adding that he had difficulty seeing oncoming traffic at that intersection.

Noting that the council has already added stop signs at two other intersections this year, Goldsworthy said he’d prefer to see evidence of accidents or other traffic issues before moving forward with more.

May expressed concern about the stop signs in relation to the railroad track that runs just south of Water Street.

The ordinance will need to be approved on second reading before going into effect. (Hilfiker said she was torn on the ordinance but voted in favor in order to allow a couple of weeks to seek public opinion.)

In other business:

•May asked that council consider putting up a financial incentive from economic development income tax (EDIT) dollars in an attempt to attract a grocery store to the community. After some discussion, it was decided that the city’s EDIT advisory committee will meet to consider the idea.

•Goldsworthy asked about the status of livestreaming equipment to be installed in the council chambers. (In January, Portland Board of Works awarded the contract to install livestreaming and recording equipment to Dynamic Business Solutions of Portland at a cost of $29,459.98.) Phillips said Dynamic Business Solutions is waiting for equipment to be delivered. Livestreaming and recording of meetings will be required by Indiana Code beginning July 1, 2025.

•Council forwarded a request from Joyce/Dayton Corporation for a one-year tax abatement on about $220,000 in new equipment to the city’s tax abatement advisory committee. The abatement would save the company $2,644 while the new equipment would generate more than $20,000 in taxes over a 10-year period.

•During discussion about the abatement, Golden asked about who follows through on making sure the terms of tax abatements and economic development income tax (EDIT) loans are being met. Travis Richards of Jay County Development Corporation noted that compliance forms on tax abatements are reviewed annually and approved by council. City attorney Wes Schemenaur said typically enforcement on EDIT loans would be up to the city government. A question was raised regarding the status of a loan to Rollin’ J Lanes. Westlake said he will look into the issue.

•Council briefly discussed safety in the heat with temperatures expected to be in the 90s all week. Cooling centers will be available at Jay Community Center, Jay County Public Library, Dunkirk Public Library and Jay County Drug Prevention Coalition during their regular hours. Fire chief Mike Weitzel said a no-burn order is not yet in place, but that his department is keeping an eye on conditions.

•Golden said he was happy to learn last week that clerk-treasurer Lori Phillips was cleared by the city’s board of works regarding complaints of harassment by Portland Police Chief Dustin Mock and other officers. He complimented Phillips on the job she does for the city.

•Hilfiker thanked Portland Fire Department for Saturday’s Fire Ops 101 training session that she, Phillips, McClung and Westlake took part in. The training was designed to give local officials an idea of what is involved in being a firefighter.

•Goldsworthy asked a question about the status of any donations that have come in to the police department following a fundraising letter that was distributed earlier this year. Westlake said he will check on the issue and report back to council.

•Council voted 6-1, with May dissenting, to allocate $9,000 toward reviewing the police department’s standard operating procedures, rules and regulations, making recommendations and creating a new comprehensive document. The city’s board of works will be tasked with hiring an attorney or consultant to handle the work.

•Aker provided a reminder that Portland Evening Optimist Club will host its annual fishing derby Saturday at Hudson family Park. Registration will begin at 8 a.m. with fishing at 8:30 a.m. Gifts will be provided to the participants and food will be served at 11 a.m.

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