Sewer waiver ordinance clears 1st reading

The city plans to provide some relief for those who experience a natural disaster.

Portland City Council approved an ordinance on first reading Monday to waive sewer fees for users whose property cannot be used following first, floods, wind or other “act of God.”

It will need to be approved on second reading before going into effect.

City council members agreed at their Nov. 4 meeting to review the ordinance following a request from rural Portland resident Kyle Love, whose home was severely damaged in the Sept. 22 tornado. He asked that his sewer bill be waived until he is able to rebuild his home on Indiana 67 near Jay County Junior-Senior High School.

The ordinance would allow the city’s board of works to waive monthly sewer fees in such situations. A user would need to apply to the board of works to have its fees waived.

The board would consider the cause and extent of the damage, the intent to rebuild, the time period estimated to rebuild or repair and the extent to which utilities would be unavailable during that time. When granting a waiver, the board could also impose conditions.

Waivers could be made for up to six months, and any extensions would also be considered by the board of works.

City council made one change to the amendment Monday, agreeing to a suggestion from Dave Golden to make the ordinance retroactive to Sept. 1. (The tornado that damaged Love’s home occurred on Sept. 22.)

Council members Kent McClung, Michele Brewster, Matt Goldsworthy, Mike Aker, Ashley Hilfiker, Ron May and Golden approved the ordinance unanimously on first reading.

In other business:

•Council discussed the ongoing Meridian Street (U.S. 27) construction project that involves paving, new traffic signals, Americans with Disabilities Act compliant sidewalks and bump outs at some intersections. Mayor Jeff Westlake noted that he has heard complaints from some business owners regarding parking spaces that were lost via the bump outs and new striping. He said he has a meeting with Indiana Department of Transportation (INDOT) officials Thursday to discuss the issues.

•Golden asked if all of the city’s federal coronavirus relief funds via the American Rescue Plan Act have been spent. (Rules require the money to be allocated by the end of the year and spent by the end of 2026.) Clerk-treasurer Lori Phillips confirmed that the funds were used for the Meridian Street storm sewer project.

•The mayor provided updates, including:

    —Christmas trees will be sold at the fire department beginning Friday. The department is also seeking quotes for a new tanker truck.

    —Painting the guide railings of the new Indiana 26 bridge on the east edge of Portland blue in memory of the steel truss bridge that previously stood there would have to go through the Indiana Department of Transportation approval process.

•Council approved a one-year tax abatement for Joyce-Dayton on $229,000 in new manufacturing equipment. The abatement is projected to save the company $2,748 in taxes while resulting in $21,296 in tax payments over a 10-year period.

•May brought up various issues, including:

    —The amount of a resident’s utility bill. Phillips said rate studies have set the rates at the level required to maintain the utilities.

    —Trash pick-up for city sewer customers who live outside of the city limits. Customers in the city pay an additional fee to cover a portion of the cost of trash pick up and recycling. A similar question was raised earlier this year. McClung noted that the city does not offer trash pick-up outside of city limits.

    —His feeling that the city should reach out to the federal government regarding those living in the country illegally following the election of Donald Trump as the next president. Westlake said he has sought advice on the issue and has been advised that current rules must be followed unless or until the new administration makes changes.

    —Blighted properties on which structures should be torn down. City attorney Wes Schemenaur advised that the process would start with Jay/Portland Building and Planning deeming the structures unsafe. (In a related conversation, the mayor said he wants to have a code enforcement officer hired by the start of the new year.)