City Council

SPECIAL MEETING – September 28, 2011 The Common Council of the City of Michigan City, Indiana, met in special session on Wednesday evening, September 28, 2011, at the hour of 6:30 p.m., local time, in the Common Council Chambers, located in the lower level of the City Hall Building, 100 East Michigan Boulevard, Michigan City, Indiana. The meeting was called to order at 6:30 p.m. by Council President Marc Espar. The Pledge of Allegiance to the Flag and a short period of selent prayer were observed. Roll call was authorized and the following were noted present and/or absent: PRESENT: COUNCIL MEMBERS Pat Boy, Ron Meer, Joe Doyle, Marc Espar, Phillip Jankowski, Robert McKee, Angie Nelson, and Richard Murphy (8). ABSENT: Faye Moore (1). A QUORUM WAS NOTED PRESENT ALSO PRESENT: Clerk – Thomas Fedder, Deputy Clerk - Gale Neulieb and Council Attorney – James Meyer. At the request of President Espar, the Clerk read the special call as follows: TO THE CITY CLERK Please issue a CALL FOR A SPECIAL MEETING of the Common Council of the City of Michigan City, Indiana, to be held at 6:30 p.m., Wednesday, September 28, 2011 in the Council Chambers of the City Hall Building, located at 100 East Michigan Boulevard, Michigan City, Indiana. Said meeting is to be held to hear on Third Reading the following: AN ORDINANCE SETTING THE ANNUAL SALARIES FOR THE CITY CLERK, MAYOR, AND ALL COMMON COUNCIL MEMBERS FOR THE YEAR 2012 AN ORDINANCE SETTING SALARIES AND WAGES FOR APPOINTED OFFICIALS AND EMPLOYEES OF THE CITY OF MICHIGAN CITY, INDIANA, FOR THE CALENDAR YEAR 2012 AN ORDINANCE ESTABLISHING SALARIES FOR THE FIRE Page 2 September 28, 2011 DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2012 AN ORDINANCE ESTABLISHING SALARIES FOR THE POLICE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2012 /s/ Marc Espar_______________ Marc Espar, President Michigan City Common Council (Clerk’s Note: Councilwoman Moore entered the Chambers and was noted present.) The Clerk read on third reading by title only, there being no objections, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4150 AN ORDINANCE SETTING THE ANNUAL SALARIES FOR THE CITY CLERK, MAYOR, AND ALL COMMON COUNCIL MEMBERS FOR THE YEAR 2012 WHEREAS, the Common Council is required by Indiana law to set the annual compensation of all elected City officers (IC 36-4-7.2); NOW, THEREFORE, BE IT ORDAINED BY THE MICHIGAN CITY COMMON COUNCIL, as follows: Section 1. The Mayor of the City of Michigan City shall be paid an annual salary of $68,571.36 ($2,637.36 bi- weekly) from the General Fund for the calendar year 2012. Section 2. Each member of the Common Council of the City of Michigan City shall be paid an annual salary of $13,644.80 ($524.80 bi-weekly) from the General Fund for the calendar year 2012. Section 3. The City Clerk of the City of Michigan City shall be paid an annual salary of $46,441.46 ($1,786.21 bi-weekly) from the General Fund for the calendar year 2012. Section 4. Elected officials will be paid their annual salaries based on the number of pays in that year divided by the number of scheduled pays for other employees. Said pays are to be issued at the same time as other pays. Any elected official leaving his/her position will be required to repay the City for any prepaid salary. When the salary is not evenly divisible by 26 (or 27 in applicable years), the first payroll will be adjusted with the remaining payrolls made at the bi-weekly rate. Section 5. The fringe benefit program provided by the City for the Mayor and Clerk includes medical insurance, vacation pay, participation in the Public Employees Retirement Fund (PERF), and sick leave, as defined in the City Employee Handbook for non-contract, full-time employees and shall receive a financial increment of $450 for each three (3) years of continuous full-time service to a maximum of $3,600. In addition, since the Mayor is subject to emergency call outs and is required to attend meetings and other functions outside of business hours, a City take-home vehicle is provided. This ordinance shall be in full force and effect after adoption by the Common Council and approval by the Mayor. INTRODUCED BY: /s/ Marc Espar Page 3 September 28, 2011 Councilman Murphy addressed the Council and general public regarding the salary ordinance being adopted this evening and the procedures that would be taking place. Councilman Murphy stated the Council was here tonight to approve the 2012 salary ordinances in order to meet the State Budget deadline. Councilman McKee made a motion to adopt the proposed ordinance, second by Councilwoman Nelson. President Espar asked if there were any questions or comments by the general public or Council and hearing none, the proposed ordinance was adopted by the following vote: AYES: Council Members Moore, Murphy, Nelson, Boy, Doyle, Espar, Jankowski, McKee, and Meer (9). NAYS: None (0). The Clerk read on third reading by title only, there being no objections, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4151 AN ORDINANCE SETTING SALARIES AND WAGES FOR APPOINTED OFFICIALS AND EMPLOYEES OF THE CITY OF MICHIGAN CITY, INDIANA, FOR THE CALENDAR YEAR 2012 WHEREAS, the Mayor must fix the salaries and wages of appointed officials of the City of Michigan City; and WHEREAS, the Common Council of the City of Michigan City must, pursuant to IC 36-4-7-3, fix other said salaries and wages by ordinance; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, La Porte County, Indiana, that: Section 1. Salaries and wages for appointed officials and employees are set for the year 2012, as follows: (Positions covered by collective bargaining agreements are marked with *) Annual Salary Hourly Rate Or Rate Annualized Per Hour Bi-Weekly (nformational) Controller’s Office: Controller $ 51,920.18 $ 1,996.93 Assistant Controller 51,894.94 1,995.96 Payroll Clerk* 15.70 1,256.00 $ 32,656.00 Secretary II* 12.91 1,032.80 26,852.80 Accountant/Internal Auditor (part-time) 22.00 Clerk’s Office: Deputy Clerk 33,924.80 1,304.80 Assistant Deputy Clerk* 13.63 1,090.40 28,350.40 Mayor’s Office: Administrator 38,355.20 1,475.20 Executive Secretary 14.28 1,142.40 29,702.40 Planning & Inspection Department: Plan Director 50,947.00 1,959.50 Zoning Administrator 17.12 1,369.60 35,609.60 Administrative Assistant 13.63 1,090.40 28,350.40 Secretary II 12.91 1,032.80 26,852.80 Draftsman/Aide 14.60 1,168.00 30,368.00 Inspector 17.12 1,369.60 35,609.60 Board Secretary 600.00 23.08 Personnel Office: Director 46,441.46 1,786.21 Central Maintenance Department: Superintendent 46,441.46 1,786.21 Assistant Superintendent 38,355.20 1,475.20 Mechanic* 21.38 1,710.40 44,470.40 Washer/Helper* 15.76 1,260.80 32,780.80 Page 4 September 28, 2011 City Hall: Facilities Manager 54,000.00 2,076.92 38,355.20 Custodian II 12.13 970.40 25,230.40 Custodian I (part-time) 9.99 799.20 20,779.20 Annual Salary Hourly Rate Or Rate Annualized Per Hour Bi-Weekly (informational) Corporation Counsel’s Office: Corporation Counsel 46,441.46 1,786.21 City Attorney 41,971.80 1,614.30 Office Manager II 18.44 1,475.20 38,355.20 M.C. Transit Department: Director $ 46,441.46 $ 1,786.21 Driver* 14.60 1,168.00 $ 30,368.00 Engineer’s Office: City Engineer 46,441.46 1,786.21 Temporary/Seasonal Laborer 7.25 to 12.00 Human Rights Department: Director 46,441.46 1,786.21 Assistant Director 14.29 1,143.20 29,723.20 Emergency Management Agency: Director 46,441.46 1,786.21 Fire Department: Chief 60,147.36 2,313.36 Deputy Chief 56,212.52 2,162.02 Fire Marshall 51,781.60 1,991.60 Training Officer 51,781.60 1,991.60 Executive Secretary 14.28 1,142.40 29,702.40 Secretary I (part-time) 11.56 Police Department: Chief 60,147.36 2,313.36 Deputy Chief 56,212.52 2,162.02 Executive Secretary* 14.28 1,142.40 29,702.40 Secretary I* 11.97 957.60 24,897.60 Secretary II* 12.91 1,032.80 26,852.80 Secretary I (part-time) 11.56 Maintenance Foreman* 14.60 1,168.00 30,368.00 Janitor/Washer* 10.76 860.80 22,380.80 Crossing Guard 5,240.56 201.56 Central Services: Director 46,441.46 1,786.21 Forester 40,857.70 1,571.45 Secretary II* 12.91 1,032.80 26,852.80 Vector Control Department: Vector Control Officer 17.48 1,398.40 36,358.40 Temporary/Seasonal Laborer 7.25 to 10.00 Animal Control Department: Animal Control Officer 14.60 1,168.00 30,368.00 Asst. Animal Control Officer/Summer Youth Coord. 14.55 1,164.00 30,264. Annual Salary Hourly Rate Or Rate Annualized Per Hour Bi-Weekly (informational) Street Department: Director 46,441.46 1,786.21 Operator* 15.89 1,271.20 33,051.20 Driver* 14.31 1,144.80 29,764.80 Helper* 12.75 1,020.00 26,520.00 Janitor* 10.39 831.20 21,611.20 Barker Civic Center: Department Head $ 28,359.76 $ 1,090.76 Custodian I 10.56 844.80 $ 21,964.80 Tour Guide (part-time) 8.00 to 10.00 Curator (part-time) 8.00 to 10.00 Temporary/Seasonal Laborer 7.25 to 9.00 Aviation Department: Airport Manager 46,441.46 1,786.21 Assistant Manager 14.67 1,173.60 30,513.60 Foreman 14.24 1,139.20 29,619.20 Laborer 11.79 943.20 24,523.20 Laborer (part-time) 11.79 Clerk/Secretary (part-time) 10.00 Temporary/Seasonal Laborer 7.25 to 9.00 Page 5 September 28, 2011 Cemeteries: Superintendent 46,441.46 1,786.21 Secretary II 12.91 1,032.80 26,852.80 Secretary I 11.97 957.60 24,897.60 Greenwood Leadman 14.89 1,191.20 30,971.20 Swan Lake Foreman 14.89 1,191.20 30,971.20 Mechanic/Driver 14.19 1,135.20 29,515.20 Laborer/Driver 13.49 1,079.20 28,059.20 Temporary/Seasonal Laborer 7.25 to 9.00 Substitute Secretary 11.56 Fire & Police Pension Funds: Secretary 2,400.00 Section 2. The fringe benefit program provided by the City includes medical insurance, vacation pay, participation in the Public Employees Retirement Fund (PERF), and sick leave, as defined in the City Employee Handbook for non-contract, full-time employees in the following departments: Mayor, Controller, Clerk, Engineer, Personnel, City Hall, Corporation Counsel, Planning & Inspection, Cemeteries, Police, Fire, Aviation, Human Rights, Emergency Management, Central Services, Vector Control, Animal Control, Street, Transit, Central Maintenance, Barker Civic Center, and Parks & Recreation. Also included in the fringe benefit program are: the City Engineer who shall maintain a minimum of eight (8) hours per week as well as serving on or attending the meetings of the Board of Public Works & Safety and Plan Commission; the Corporation Counsel and City Attorney, who shall maintain eight (8) hours per week each, represent City departments in grievances, participate in all contract negotiations, represent and attend the meetings of the Board of Public Works & Safety, and prosecute ordinance violations; and the City Controller, who shall maintain eight (8) hours per week as well as serving on the Board of Public Works & Safety and attending semi-monthly meetings of the Common Council as needed. Section 3. For full-time employees in the Animal Control Department, the fringe benefit program provided by the City includes certification pay at the rate of $500 per year per certification with a maximum of three (3) certifications to be divided and included with the employees’ bi-weekly pay. Section 4. The fringe benefit program is further defined as providing a longevity supplement for non-contract employees who have worked three (3) or more years continuously in a full-time capacity, the financial increment being $450 for each three (3) years of service to a maximum of $3,600. Section 5. Personnel who are subject to emergency call outs outside of regular business hours will be provided with a City take-home vehicle. These include public safety personnel (Police, Fire, and Emergency Management) and one service employee per department per day when their service calls require tools that are carried in the vehicle (Animal Control, Vector Control, Parks & Recreation, and Aviation). Section 6. Except for salaries included in Section 7 below, all salaries are annual and shall be paid in equal amounts on a bi-weekly basis over the number of bi-weekly periods in the calendar year. Set salaries are in effect for all payrolls issued in the calendar year governed by this ordinance. When the salary is not evenly divisible by 26 (or 27 when applicable), the first payroll of the year will be adjusted with the remaining payrolls made at the bi-weekly rate. Section 7. All salaries and fringe benefits for union workers are subject to the terms, conditions, and limitations specified in the respective labor contracts for the year governed by this ordinance. Section 8. Members of the Human Rights Commission, Plan Commission, Board of Zoning Appeals, Historic Review Board, Tree Board, Commission on the Social Status of African-American Males, and Board of Public Works & Safety shall be paid quarterly at the rate of $50 per month only if the member attends the regularly scheduled meetings with a maximum compensation of $600 per year. Council Members and Department Heads who serve on these bodies shall not receive the per diem. Members of the board of the Department of Parks & Recreation shall receive compensation in the amount of $1,800 per year, payable quarterly. Section 9. Because there is uncertainty as to the financial impact of House Enrolled Act 1001, passed by the Indiana General Assembly, this ordinance does not provide salary adjustments (except for increases required by federal minimum wage laws) for any City employees in 2011. In the event that property tax revenues exceed state projections, the Mayor may recommend that the Common Council consider amendments to this ordinance. Section 10. This ordinance shall be in full force and effect after passage by the Common Council and approval by the Mayor. INTRODUCED BY: /s/ Marc Espar Councilman McKee made a motion to adopt the proposed ordinance, second by Councilwoman Nelson. President Espar asked if there were any questions or comments by the general public or Page 6 September 28, 2011 Council and hearing none, the proposed ordinance was adopted by the following vote: AYES: Council Members Murphy, Nelson, Boy, Doyle, Espar, Jankowski, McKee, Meer, and Moore (9). NAYS: None (0). The Clerk read on third reading by title only, there being no objections, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4152 AN ORDINANCE ESTABLISHING SALARIES FOR THE FIRE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2012 WHEREAS, the salaries of the Fire Department must be set by ordinance, pursuant to IC 36-8-3-3; and WHEREAS, the City of Michigan City, through the Common Council’s Labor Committee and Firefighters Local #475, on behalf of the firefighters of the Fire Department, have negotiated fair and equitable salaries for the year 2011, the terms of which continue until a new contract is approved by both the City and Firefighters Local #475; and WHEREAS, due to the uncertainty as to the financial impact of House Enrolled Act 1001, passed by the Indiana General Assembly, this ordinance does not provide salary adjustments; NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, that: Section 1. The salaries for firefighters for the year 2012 shall be set as follows, subject to the terms and conditions of a labor agreement between the City of Michigan City and Firefighters Local #475: Annual Bi-Weekly Probationary Firefighter $ 35,798.62 $ 1,376.87 First Class Firefighter 39,821.60 1,531.60 Driver 42,210.48 1,623.48 Lieutenant 44,743.66 1,720.91 Captain 47,428.16 1,824.16 Assistant Chief 50,274.12 1,933.62 Section 2. All salaries are annual except in those years where a bi-weekly payroll requires twenty-seven (27) pays, in which years the bi-weekly salary shall be used. Set salaries are in effect for all payrolls issued in the calendar year governed by this ordinance. When the salary is not evenly divisible by 26 (or 27 when applicable), the first payroll of the year will be adjusted with the remaining payrolls made at the bi-weekly rate. Section 3. In the event that property tax revenues for the year 2011 exceed state projections, the City and bargaining unit may re-enter negotiations pursuant to statute. Section 4. This ordinance shall be in full force and effect after passage by the Common Council and approval by the Mayor. INTRODUCED BY: /s/ Marc Espar Councilman McKee made a motion to adopt the proposed ordinance, second by Councilman Jankowski. Councilwoman stated that in the first WHEREAS clause it should read “fire” not “police”. President Espar made an Author’s amendment to correct it. President Espar asked if there were any questions or comments by the general public or Council and hearing none, the proposed ordinance was adopted by the following vote: AYES: Council Members Nelson, Boy, Doyle, Espar, Jankowski, McKee, Meer, Moore, and Murphy (9). NAYS: None (0). Page 7 September 28, 2011 The Clerk read on third reading by title only, there being no objections, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4153 AN ORDINANCE ESTABLISHING SALARIES FOR THE POLICE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2012 WHEREAS, the salaries of the Police Department must be set by ordinance, pursuant to IC 36-8-3-3; and WHEREAS, the City of Michigan City, through the Common Council’s Labor Committee and the Fraternal Order of Police (FOP) Dunes Lodge #75, on behalf of the officers of the Police Department, have negotiated fair and equitable salaries for the year 2011, the terms of which continue until a new contract is approved by both the City and the FOP; and WHEREAS, due to the uncertainty as to the financial impact of House Enrolled Act 1001, passed by the Indiana General Assembly, this ordinance does not provide salary adjustments; NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, that: Section 1. The salaries for the Police officers for the year 2012 shall be set as follows, subject to the terms and conditions of a labor agreement between the City of Michigan City and the Fraternal Order of Police Dunes Lodge #75: Annual Bi-Weekly Probationary Patrolman $ 36,917.66 $ 1,419.91 First Class Patrolman 39,821.60 1,531.60 Corporal 42,210.48 1,623.48 Sergeant 44,743.66 1,720.91 Lieutenant 47,428.16 1,824.16 Captain 50,274.12 1,933.62 Section 2. All salaries are annual except in those years where a bi-weekly payroll requires twenty-seven (27) pays, in which years the bi-weekly salary shall be used. Set salaries are in effect for all payrolls issued in the calendar year governed by this ordinance. When the salary is not evenly divisible by 26 (or 27 when applicable), the first payroll of the year will be adjusted with the remaining payrolls made at the bi-weekly rate. Section 3. In the event that property tax revenues for the year 2011 exceed state projections, the City and bargaining unit may re-enter negotiations pursuant to statute. Section 4. This ordinance shall be in full force and effect after passage by the Common Council and approval by the Mayor. INTRODUCED BY: /s/ Marc Espar Councilman McKee made a motion to adopt the proposed ordinance, second by Councilman Jankowski. President Espar asked if there were any questions or comments by the general public or Council and hearing none, the proposed ordinance was adopted by the following vote: AYES: Council Members Boy, Doyle, Espar, Jankowski, McKee, Meer, Moore, Murphy, and Nelson (9). NAYS: None (0). Page 8 September 28, 2011 ADJOURNMENT A motion by Councilwoman Boy, supported by Council members McKee, Doyle, and Nelson; there being no further business to transact, President Espar declared the meeting ADJOURNED (approximately 6:45 p.m.). _____________________________ Thomas F. Fedder, City Clerk