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HomeMy WebLinkAbout03-16-1993COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE~ INDIANA MARCH 16, 1993 The Common Council of the City of Jeffersonville met in regular session in Council Chambers in t~e City-County Building~ Jeffersonville, Indiana, at 7:30 P.M. on the 16th day of March, 1993. The meeting was called to order by Mayor Raymond J. Parker Jr., with Clerk and Treasurer C. Richard Spencer Jr., at the desk. Mayor Parker welcomed all in attendance: asking all those present to stand as Councilperson Steven Stemler gave the invocation. He then asked all those present to join him in the pledge of allegiance to the flag. The roll was called and those present were Councilpersons Bill Wolpert, Andrew Williams III, Donna M. Frantz, Peggy Knight Wilder, L. Marie Clapp~ Robert L. Potter, and Steven R. Stemler. Absent: None. Mayor Parker presented the minutes of the meeting of March President Potter seconded by 1, 1993 for consideration by the Council. Council made the motion to approve the minutes as presented, Councilperson Williams: and carried unanimously. Clerk and Treasurer Spencer presented the claim list for consideration as well as one additional claim. Following all discussion, Council President Rotter made the motion to claims as presented, as well as the additional: Councitperson Clapp and carried unanimously. Ordinance No. 93-0R-12, An Ordinance Within The City of Jeffersonville: Indiana~ approve the seconded by Regulating Blasting was introduced. Councilperson Williams made the motion to pass Ordinance No. 93-0R-12 on the second reading, seconded by Council President Potter. Councilperson Williams has been to the Quarry and feels there may be a need for some amendments. liability insurance. Attorney the owner being responsible for the asked if Attorney Gillenwater has Attorney Gillenwater explained he had not met meeting and he feels the changes they would Councilperson Wilder questioned the Gillenwater explained the reason for insurance. Councilperson Clapp met with the Quarry Attorney. with them since the last like to make would "take PAGE 2 MARCH 16~ 1993 the bite out of the Ordinance." explanations Ordinance No. 93-0R-i2 reading. Animal Following further questions and paes~d unanimously on the second Ordinance No. 9B-OR-14~ An Ordinance Modifying The City Control Ordinances was introduced for the third reading. Counciperson Frantz the third and final readings seconded passing on the following roll call vote: made the motion to pass Ordinance No. 93-0R-14 on by Cuncilperson Williams~ Potter introduced William P. McCall, Stemler~ Potter, Wolpert, Williams, Town of Sellersburg. Attorney McCall explained the Town of Sellersburg deeires permission to annex an area that lies within a three mile radius of the Jeffersonville boundaries. Council President' Potter feels the Council has not had adequate time to study the maps and would like to delay passage until the next meeting. Attorney Gillenwater explained the Council has to approve the advertising of the sale of the old Wastewater Treatment Plant property at loth Street. Mayor Parker explained this area is a gateway to the City and at this time is an eyesore~ and until this is sold it cat, not be put on the tax roles. He does recommend the sale of this property. Councilperson Stemler questioned the flow of the revenue from this sale and was informed it would go into the General Fund as the property is owned by the City. Following discussion, Council President Potter made the motion to pass Resolution No. 93-R-8, A Resolution Of The Sale Of The Jeffersonville Waste Water Treatment Plant, stipulating this to be sold for at least 90~ of the appraised value, seconded by Councilperson Clapp. Councilperson Wilder questioned the zoning. Attorney Gillenwater explained there will be time for this to be considered, so there may be some control over what goes in there. Following all discussion, the motion to pass Resolution No. 93-R-8 passed unanimously~ Attorney Gillenwater explained he has received a letter and Statement of Benefits from Mr. Henry Kaelin. He has requested Mr. Kaelin appear before the Council. There was no response when asked if Ayes: Councilpersons Frantz~ Wilder: and Clapp. Nays: None. Council President Attorney for the PAGE 3 MARCH 16, 1993 present. Council Ayes: Clapp~ Stemler~ Nays: Councilpersons Wolpert~ and Potter. None. Williams, Frantz, Wilder~ Mr. Kaelin or anyone representing Mr~ Kaelin was President Potter suggested this be tabled until the next meeting. Council President Potter explained this meeting has been advertised as a public hearing for Ordinance No. 93-0R-15 ~ An Ordinance Of Additional Appropriation (General Fund) explaining this will provide the funding for the elected officials to receive the same salary as in i998. Council President Potter then made the motion to pass Ordinance No. 93-0R-15 on the first and second reading~ seconded by Councilperson Williams and opened for discussion. Councilperson Willder reviewed Council salaries in six other municipalities about the same size as Jeffersonville stating she feels there is a gross indifference. Councilperson Frantz said Indiana Code does not allow for the changing of salaries in the year for which they are set. Attorney Gillenwater explained when the Ordinance failed in December the salaries reverted back, therefore the salaries are not changing in the year for which they were set. A member of the audience stated she felt the vote had been taken to lower salaries. Following all discussion Ordinance No. 93-0R-15 passed on the first and second reading on the following roll call vote: Ayes: Councilpersons Potter~ Wotpert~ Williams, and Clapp. Nays: Councilpersons Stemler, Frantz, and Wilder. Council President Potter introduced Ordinance No. 93-0R-16, An Ordinance Of Additional Appropriation (General Fund~ Parks and Recreation Fund, Sanitation Fund, and Probation User Fund) explaining this has been passed previously, however the request to advertise was not received when faxed to the newspaper. It has now been advertised as a public hearing for this meeting. Council President Potter made the motion to suspend the rules for Ordinance No. 93-0R-16~ seconded by Councilperson Clapp and carried unanimously. Council President Potter' then made the motion to pass Ordinance No. 93-0R-16 on all three readings ~ seconded by Counci lperson Clapp, passing on the following roll call vote: PAGE ~ MARCH 16~ 1993 Council President Potter explained this advertised as a public hearing for Ordinance No. Ordinance Of Additional Appropriation, (General funds are required due a consent agreement in in Case No. NAgB-141-C. Council President motion to suspend the rules for Ordinance No. has also been 93-0R-17, An Fund)~ explained these Federal District Court Potter then made the 93-0R-17~ seconded by Williams and carried unanimously. Council Councilperson Potter then made the motion to pass Ordinance No. 93-0R-17 three readings, seconded by Councilperson Wiiliams~ passing following roll call vote: Ayes: Councilpersons Williams, Frantz~ Wilder~ Clapp, Stemler~ Potter, and Wolpert. Nays: None. Councilperson Stemler introduced Ordinance No. 93-0R-18, Ordinance Amending Ordinance No. 87-0R-18, Sidewalk Ordinance, calling attention to Section 9 and Section the changes. Building Commissioner Gavin explained the Following all discussion~ Councilperson Stemler made the suspend the rules for Ordinance No. 93-0R-18~ seconded Presdient on all on the An Improvement explaining procedure. motion to by Council President Potter and carried unanimously. Councilperson Stemler, saying he feels this is an excellent programs made the motion to pass Ordinance No. 93-0R-18 on all three readings, seconded by Councilperson Williams, passing on the following roll call vote. Ayes: Councilpersons Frantz~ Wilder, Clapp, Stemler~ Potter, Wolpert, and Williams. Ordinance explaining the changes. suspend the rules for Councilperson Williams then made the motion Nays: None. Councilperson Stemler introduced Ordinance No. 93-0R-19, An Amending Building Code Of The City Of Jeffersonville, Councilperson. Stemler made the motion to Ordinance No. 93-0R-19~ seconded by and carried unanimously. Councilperson Stemler to pass Ordinance No. 93-0R-19 on all three readings, seconded by Councilperson Williams, passing on the following roll call vote: Ayes: Councilpersons Pottery Wolpert~ Williams, Frantz~ Wilder, Clapp, and Stemler. Nays: None. PAGE 5 MARCH 16, 1993 Mayor Parker explained the eliminate some of the downtown parking agreement to lease the property owned by City has an opportunity to problems by entering into an the Westerfield Family at the corner of Spring and Market for use as a parking lot. Mr. Johns of Third Base Tavern, Mr. Coomer of Ann~s on the River, and Mr. Muncy of Tubby's, have each agreed to pay $100 per month if the City will pay $300 per month. The City would blacktop, stripes and light the lot. Council President Potter suggests the funds for this agreement be transferred within the Common Council budget. Councilperson Frantz inquired if the funds could also be transferred for the Riverfront "seed money". Clerk and Treasurer Spencer explained these funds are in place properly at this time and have been approved by the Park Board. Attorney Gillenwater explained the liability on the parking lot will be stipulated in the lease agreement. Ordinance No. 93-OR-BO~ An Ordinance Transferring Certain Funds Within Same Department, to allow -For the parking lot lease and median maintenance was introduced. It was agreed to change the median maintenance to $3,000.00. Councilperson Potter made the motion to suspend the rules for Ordinance No. Councilperson Clapp and carried unanimously. then made the motion to pass Ordinance No. 93-OR-BO, seconded by Council President Potter 93-0R-20 on ail three readings with the change to $3~000 for median maintenance, seconded by Councilperson Clapp, passing on the following roll call vote: Ayes: Councilpersons Wilder~ Wolpert, Williams~ and Frantz. Nays: None. Mayor Parker called attention to Clapp, Stemler, Potter, the State Board of Accounts Audit Report which states the City owes the Sewer Utility $14,080 in repayment of a loan. Clerk and Treasurer Spencer explained these funds were used to purchase a chipper for the Street Department which does not have the funds to repay this loan. refused by a previous Council. Options were looked into. The repayment has been discussed and will be PAGE 6 MARCH 16~ 1993 Council President Director of Hoosier Valley. on behalf of Mr. Ken Bayer, Potter introduced Mr. Jerry Stephenson~ Mr.Stephenson explained he is appearing President of the local N.A.A.C.P. who is in the hospital. He is Services Director. It considering this position African American Department support from the Council Councilperson Frantz asked here on behalf of the funding for the City is hoped there are no racial overtones in as this is currently held by the only Head the City has. He is requesting 100~ for the proper funding for this position. if the funding was from the Sewer Utility and was informed it was. She then moved to table this until the next meeting. Mayor Parker stated he would like to pursue this at this time as it is on the agenda. Mayor Parker then explained there has been a title change and called attention to and reviewed Mr. Jerry Fuller~ Solid Waste District Director~ Mr. Building Commissioner~ and Mr. Steve Tolliver~ Utility support of this position. Mayor Parker believes recycling upsurge and feels justified in asking for this position and from the Wastewater Treatment Department. Mr. Kavanaugh does hats" Council President Potter explained Mr. doing an excellent job with the school Stemler thanked Mr. Stephenson for coming letters from Bill Gavin, Director in is on the salary Kavanaugh has been children. Councilperson to the meeting and wished well. He explained he had been oppossed to this position at but funding this It is leader in the Mayor does feel Mr. Kavanaugh is that person. then made the motion to suspend the rules for An Ordinance Amending Certain Portions Of 1 Of Ordinance No. 91-0R-44 and Ordinance No. 9B-OR-48, Department)~ seconded by Cauncilperson Clapp~ failing an a 6-1~ with Councilperson Frantz in oppossition. Council Mr. Bayer budget time, does feel the time is right now for position, the Mayor's call to have a strong position. Parker Council President Potter Ordinance No. 93-0R-21~ Section (Sewage vote of President Potter than made the motion to pass Ordinance No. 93-OR-B1 on the first and second reading~ seconded by Councilperson Clapp~ passing on the following roll call vote: Ayes: Councilpersons Stemler, Potter~ Wolpert, Williams, and Clapp. Nays: Councilpersons Frantz and Wilder. PAGE ? MARCH 16, 1993 Councilperson Wilder presented a draft of an Ethics Ordinance explaining she began working on this last year by going to Indianapolis and obtaining models of several Ethics Ordinances. Many speculations were denied and Councilperson Wilder explained her reason for this was for public perception and to keep things on line. She feels full disclosure~ honesty and integrity in government~ and the prevention of missuse of public funds are necessary. She feels this is only fair. She then quoted statistics of professions and the trust people have in them. The passing of an ethics ordinance shows good faith in government and would enhance City Government and ensure faith in decisions in government. She further stated that if an elected official has something to gain~ they should not vote. People that have a problem with hiding things and voting on them for personal gain do not need to be in office. She then introduced Ms. Anne Marie Sedwick~ an attorney hired by Councilperson Wilder at her own expense. Ms. Sedwick explained this is a first draft which she has not had much time to go over. She does suggest work on this. The most important only be those that have to do with not a disclosure of all financial the job. Many employees would protection rather than a burden. a committee be formed to study and part is disclosure and this would the office that is held. This is information only that which touches be exempt. This would serve as It is suggested three Councilpersons work up a draft~ get good definitions~ and bring this down in length. Council President Potter asked how this would differ from the Uniform Conflict of Interest form that is currently in use. Ms. Sedwick explained this form is used only if business is done with the City. The subject of City employees serving as Councilpersons and voting on salary was discussed. Ms. Sedwick explained this is not meant to have that effect. Mr. Rick Van Gilder has concerns and feels the citizen's vote is the Ethics Board. He questions how anyone can be protected as the Committee would be immune from civil liability pursuit. Mr. Kyle Williams feels the voters would make informed decisions if there was disclosure. Mr. John Palmer~ Jeffersonville Firefighter Union President questioned what level of employees would fall under this. Ms. Sedwick explained this is an area that does need to be defined. ~Attorney Gillenwater does have some concerns with this draft regarding PAGE 8 MARCH 16, 1993 the powers this body does not have the authority to do or create. These areas include the limitation of civil liability of the Board or Committee, they cannot prescribe law governing civil actions between persons, they do not have the power to regulate any conduct that is regulated by a State Agency~ and they do not have the power to prescribe any type of penalty for conduct that constitutes a crime in the State of Indiana. They also may not prescribe a fine of more than $B,500. Another problem is that the Council cannot create a Board that can impose a fine like this or a Board that has investigative powers. Attorney Gillenwater also has concerns for who would bear the cost of the accussed. In this Ordinance the burden of proof is on the accussed. He would like to work to create a Code of Ethics so that all employees and officials know what conduct is expected. Attorney Sedwick admits this does need a tremendous amout of work. Attorney Gillenwater shares these concerns. The first concern is to see what is already regulated. Councilperson Wilder would like to bring this up again at the next meeting. Mayor Parker asked the Council to turn in their paving lists. Cuncilperson Williams suggests the workshops be forestalled until after the ball tournaments. All agreed. Councilperson Frantz related a thank you from Park Board President Gene Bennett for the compensation offered for the injured volunteer worker. She would like Council approval for the seed money for the Riverfront Steering Committee. This is given. Councilperson Wilder distributed copies of a Southern Indiana Book~ asking if the Council would like to commit to advertising in the amount of $1~000. Other suggestions were made and it was decided to wait on this issue. Council President Potter's comment is "GO RED DEVILS". Councilperson Wilder introduced Ms. Joyce Hock~ a resident of 1~14 Whitehorse Vale, who has been chosen as spokeeperson for Four Oaks Subdivision. Ms. Hock explained the blasting by the Quarry seems to have intensified lately and there is damage to homes. There are concerns for resale value, zoning, safety as there is no fence, and PAGE 9 MARCH 16~ 1993 the mud. Ms. Hock explained she was informed of the Quarry after depositing money on the property and was told the Quarry was one half mile away and would have no effect and now she finds it is in her backyard. Ms. Hock is willing to work to get this resolved. Council President Potter explained the Council is working on the blasting ordinance. Mr. Clarence Keys stated $40~000 of taxpayer money has been invested in the sidewalk improvement program with 90~ of this going to the 1st Dietrict and he feels this is unfair. He mentioned a problem with the American Legion driveway breaking up around the catch basin. Councilperson Stemler will meet with Mr. Keys to go over his concerns. Mr. Keys thanked all those in attendance for coming to the meeting. Ms. Nolan a resident on for 49 years and she has serious workable alley. She feels that her Fairview stated she has paid taxes drainage problems, and only one tax dollars have not been used to correct the problems in her neighborhood and it bugs her the City can spend money for a parking tot. Ms. Gall Henderson, 1853 Ridgeway~ explained she purchased this property in November and because they are not from this area did not know about the Quarry until she "heard a boom". She feels she has a nuisance. There should be rights and she would like to read the proposed blasting ordinance. Mr. Kyle P. Williams, 2304 Agusta~ commends Councilperson Wilder for her courage to discuss the unique responsibility she has to the Citizens of Jeffersonville. He appreciates Attorney Gillenwater's concerns with the Ethics Ordinance~ but he does not feel this should get in the way of the central principle of accountability in government. Mr. Williams feels it is paramount that government be accountable to the people. Ms. Sharon Martin, 3919 Hamburg Pike~ problems her family has encountered due to including having to have brick redone. She structure of her daughter's school building as questions the rights of the Quarry when it comes to Ms. Martin does not feel it fair the City bear the a parking lot for the benefit of three businesses. reviewed some of the the Quarry blasting is concerned for the it shakes. She lives and safety. brunt of providing She would like to PAGE 10 MARCH 16, 1993 have those businesses pay for and monitor the lot. It appears to Ms. Martin that comments were not allowed when the television cameras were in the room. meeting and been taken. Ms. Martin allowed for comments. Mr. Rick Councilperson Wilder those elected. Council seconded It is not fair to allow some public comment during the hold some to the end of the meeting after the vote has also feels more than 15 minutes should be VanGilder called attention to the statistics stated, saying he does have complete trust in There being no further business to come before the Council, President Potter moved to adjourn at 9:45 o'clock P.M. by Councilperson Stemler and unanimously carried. ATTEST: JR. CITY LLE William J. "Bill" Gavin Building Commissioner/City Engineer RAYMOND J. PARKER, JR. (812) 28,5-6415 (812) 285-6407 "BUDDY" Room 416 Room 410' MAYOR FAX (812) 285-6468 City-County Building 501 E. Court Avenue Jefferson~lle, Indiana 47130 March 15, 1993 The Honorable Mayor Raymond 3. Parker, 3r. Room #0% City,County Building 50l East Court Avenue 3effersonville, IN ~7130 Dear Mayor Parker: I understand that an amendment to the salary ordinance which involves Mr. Les Kavanaugh is to be introduced. Please accept this letter as my support of same. Serveral months ago, you suggested that Les work with the Building Commission Office. At that time, Les was appointed to the Board of Directors of KIPDA. This appointment freed me from many meetings which, in turn, allowed me to devote more time toward higher priorities. Mr. Kavanaugh has also been following up on many of the dally complaints received by the Building Commission Office. I am also aware that Les is to have additional responsibilities assigned to him in the near future. Therefore, I believe your request is justifiable. W3G/bs Respectfully, William 3. Gavin Building Commissioner AN EQUAL OPPORTUNITY EMPLOYER (812) 285-7963 405 E. Court Ave.,,., Suite 6 Jeffersonville, Indiana 47130 March 11, 1993 Honorable Raymond J. Parker, Mayor City of Jeffersonville, Indiana City-County Building Jeffersonville, IN 47130 Dear Mayor Parker: This is a follow-up to our recent discussions concerning the relationship of the Clark County Solid Waste Management District to the City of Jeffersonville. As I indicated to you, it is my belief that it will be necessary in the future for Jeffersonville to have a person who can work with me to monitor, supervise, and trouble shoot the myriad recycling and waste reduction efforts in which the City of Jeffersonville must ultimately become involved. Certainly, I will play a major part in this effort but my office currently includes only one other person besides myself and it is highly unlikely that my staffing will increase in the foreseeable future. With all of the other responsibilities which my assistant and I bear, it is unlikely that we will be able to devote the individual attention to the waste reduction and recycling efforts in Jeffersonville which that community needs and deserves. I therefore believe that it would be highly advantageous for Jeffersonville to have a person within the City with whom I can work to ensure the implementation of the very aggressive programs which are included in the Solid Waste Management Plan. Heretofore, Leslie Kavanaugh has been fulfilling this role in a highly proficient manner. He has been of invaluable assistance to me in numerous endeavors within Jeffersonville such as newspaper drives and white paper collection. I would certainly hope that he will be able to continue to fulfdl this role in the future. As you know, my authority to act for and within the City of Jeffersonville is limited so the implementation of our District solid waste plan could be greatly facilitated by the cooperative efforts of my office and someone such as Mr. Kavanaugh. Sincerely, Jerry L. Fuller Executive Director MAYOR RAYMOND .[ PARKER, JR. CITY OF IEFFERSONVILLE