Portland sewer increase is OK’d; RV rules approved

A sewer rate increase, a new recreational vehicle ordinance and funding to purchase police vehicles were approved.

Proposed changes to the trash collection ordinance were not.

And a potential rewrite of zoning ordinances and the handling of those living in the country illegally were discussed.

Portland City Council dealt with a wide range of topics Monday, including the approval of a 20.4% sewer rate increase, during a meeting that stretched nearly three hours.

Ross Hagen of accounting and consulting firm Baker Tilly explained that a sewer rate increase of 20.4% would be needed to cover the cost of a $23.09 million bond that will be used to pay for upgrades at the city’s wastewater treatment plant. The project to construct an equalization basin and wet weather pump station is required through the city’s agreed order with the Indiana Department of Environmental Management to eliminate combined sewer overflows.

Hagen explained that the change would take the average residential water bill, based on 4,000 gallons of usage, to $74.09 per month. That’s up from the current $61.53, an increase of $12.56.

Council member Ron May asked if there is any way to address the project without increasing monthly water bills for residents. Hagen responded that there is not and noted that the loan through the State Revolving Fund has an interest rate of 2%, about 2.5 percentage points lower than he would expect from other sources.

City council initially approved the rate increases 6-1 on first reading, followed by a 6-1 vote to suspend the rules and allow the issue to advance to second reading on the same night. It then voted 6-1 to approve the increase. (May dissented in all three votes.)

However, when a similar vote to suspend the rules occurred later in the evening — the vote was 5-1 — and was followed by a motion to move forward with a second reading, The Commercial Review pointed out that motions to suspend the rules must be unanimous. (The newspaper did not have a reporter in the room at the time of the original sewer rate vote because of attendance at the Jay School Board meeting.)

Council president Kent McClung said if that was the case, it would impact the sewer rate increase that was approved earlier in the meeting and asked for city attorney Wes Schemenaur to confirm. Schemenaur checked the ordinance and confirmed that motions to suspend the rules must be unanimous, thus meaning that the council’s previous vote on the sewer ordinance was invalid.

Council members, clerk-treasurer Lori Phillips and Schemenaur then returned to the sewer rate issue, asking May to vote in favor of the suspension of rules. They noted that the ordinance needed to be approved before closing on the loan from the state on March 29 and indicating that delay could jeopardize the loan and potentially result in additional costs.

May relented, with the motion to suspend the rules passing 6-0 and then the second reading of the rate increase passing 5-1 with Michele Brewster, Dave Golden, Mike Aker, Ashley Hilfiker and McClung in favor and May against. (Matt Goldsworthy, who was in attendance for the initial vote, had departed the lengthy meeting before the error was corrected.)

The new recreational vehicle ordinance — it covers RVs, motor vehicle carriers, motor homes, campers, boats, boat trailers, recreational equipment trails and trailers — passed unanimously on first reading. (It will need to be approved on second reading at the next council meeting before taking effect.) It details the following:

•RVs, as defined above, may not be parked in front of a house unless they are in a garage, carport or driveway

•When parked in a street or alley, RVs may not impede or obstruct traffic or the line of sight for a regular vehicle.

•RVs may not be parked “on residential premises” for more than 24 hours during loading and unloading

•RVs may not be used for living, sleeping or housekeeping when parked or stored at any location not approved for that use. (The city’s board of works may approve temporary use in extreme circumstances, such as a fire or natural disaster.)

Violations of the ordinance call for a fine of between $100 and $1,000.

Council also approved $149,999 for Portland Police Department to purchase new vehicles following a request from Police Chief Dustin Mock, who visited council after members expressed concern last month about a department fundraising letter that was distributed seeking to raise $350,000 for an “urgent request for assistance” for new police vehicles and equipment. (It was a 5-1 vote, with Aker dissenting.)

Mock explained his goal is to have one vehicle per officer and to eliminate two of the current vehicles that are older and ready to be removed from service. That led to a discussion about take-home vehicles, with council members noting that there is no official policy on that topic

Council members went back and forth amongst each other and Mock discussing various options, including buying new or used and whether all five cars are needed immediately.

After Schemenaur pointed out that any expenditure over $150,000 requires a formal bidding process — a request for bids must be advertised and then sealed bids opened — May motioned to approve $149,999 for police vehicles. It passed unanimously. (The purchase of the vehicles will require approval from Portland Board of Works.)

Portland Mayor Jeff Westlake brought back his proposed changes to the city’s trash collection ordinance to council. (They had originally been presented in January.) He asked that spring and fall clean-up days be reinstated — council previously expressed support to do so — and that residents be allowed to put out up to three bags of trash, limited to 40 pounds or less, in addition to what can fit their Toter, for no more than two consecutive weeks. (By the current ordinance, trash must be placed in Toters, but Westlake has instructed street department staff to pick up additional trash.)

Several council members expressed opposition to the proposed changes, with additional comments from the public also in opposition. 

“I just want the trash to be picked up,” Westlake responded.

The issue eventually died for lack of a motion, at which point the question was raised as to whether trash left outside of Toters would continue to be picked up. Westlake said it would.

Hilfiker challenged the mayor, telling him he cannot tell city employees to break the city’s ordinance. Westlake expressed frustration, saying again that he just wants trash to be picked up and the city to look nice. McClung advised that the city ordinance should be enforced and citations written for residents who are not following it.

Council members also heard a presentation about a proposal to update the city’s zoning and subdivision ordinances. Consultant Ed Curtin of CWC Latitudes explained that the city’s redevelopment commission had identified some areas of concern during the process of developing Portland's Downtown Economic Development Plan. Among those are required lot sizes — a quarter acre — for new construction in the downtown area. (Most lots in the city do not conform to that standard.)

Cynthia Bowen of Rundell Ernstberger Associates explained the process her firm would lead, including a complete zoning audit, a presentation of that information to the public and steering committee for feedback and drafting the ordinance updates and seeking additional public input. It would take about a year and come at a cost of $141,000. (The redevelopment commission has expressed a willingness to pay for the process.)

Golden asked Jay/Portland Building and Planning director John Hemmelgarn for his opinion on the issue, with Hemmelgarn saying he and assistant director Pati McLaughlin have been going through the zoning ordinance and identifying potential updates. He added that the department would welcome input from the redevelopment commission.

Westlake said he’d like to see the building and planning department continue the process. Council took no action on the proposal from Rundell Ernstberger Associates.

Also Monday, May expressed concern about individuals living in the country illegally, saying Portland has a problem and raising safety as an issue. He asked if the city could deny water or other utility services to anyone who cannot provide proper documentation.

McClung responded that immigration is a federal issue and that council cannot direct a publicly owned utility to deny service. Schemenaur concurred that local governments can’t “discriminate against someone based on whether they’re legal or illegal status” and that it is under the control of the federal government.

May asked about denying tax abatements for companies that employ individuals living in the country illegally. Schemenaur responded that tax abatements are given at the discretion of council.

Several of those in attendance at the meeting expressed concerns similar to those raised by May.

Portland police in attendance confirmed that when someone is cited or arrested and found to not have proper documentation, the information is forwarded to federal authorities to be addressed.

In other business, council:

•Advised Jay County Fair Board president Aaron Loy that the council could not override a Portland Board of Works decision to not grant a bill adjustment for water leaks last year at Jay County Fairgrounds. Loy visited the council meeting with the request after the board of works denied it earlier this month.

•Sent a tax abatement request from FCC (Indiana) to the city’s tax abatement advisory committee. It is asking for three-year abatements on new investments of $1.6 million in personal property and $499,000 in real property. The investments are projected to create 10-plus new jobs.

•Asked Mock to bring a request for a change to the police department’s clothing allowance policy back to the table when the 2025 budget is being discussed later this year. The police chief asked for a change in the way the funds are distributed, which would require a change in the city’s salary ordinance.

*Approved the following: additional appropriations totaling $929,050 to cover costs of a change order from Indiana Department of Transportation that led to an additional $446,500 in pavement costs as well as the demolitions of the Bailey Building on Main Street and the former Hunt’s Building on Meridian Street; the closure of Main Street between Meridian Street just west of Ship Street for the Arch Bridge Kroozers car show from noon to 7 p.m. May 18.

•Approved, on first reading, converting the intersection of Ship and Main streets and the intersection of Middle and North streets to four-way stops. (A motion to suspend the rules on second reading was not unanimous. The changes will need to be approved on second reading at the next council meeting before going into effect.) Both are currently two-way stops with through traffic on Main and Middle streets, respectively.

•Heard May asked about the procedure for addressing blighted homes. Schemenaur advised him that the first step is for the homes to be inspected by Jay/Portland Building and Planning Department.

•Heard briefly from non-profit organization Cat Tales about its mission after May made a $100 donation because he was absent from the previous council meeting. May advocated for potential future financial support for the organization, which takes in stray cats and other animals.

Also, Westlake agreed to donate half of the cost — $3,450 — for a fireworks display for the Portland Rockets’ celebration of opening day for their 65th season.