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HomeMy WebLinkAbout05-17-1993COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA MAY 17~ 1993 The Common Council of the City of Jeffersonville met in regular session in Council Chambers in the City-CoUnty Building, Jeffersonville, Indiana~ at 9:30 P.M. on the l?th day of May, 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 asked all flag. Councilperson Steven Stemler gave the invocation. He then those present to join him in the pledge of allegiance to the Bill Wilder, Absent: None. Mayor Parker presented the minutes of 1993 for consideration by the Council. Council the motion to approve the minutes as presented~ seconded by Councilperson Wolpert, and carried unanimously. Clerk and Treasurer Spencer presented the claim list with one additional claim for consideration by the Council. Following all discussion, Council President Potter made the motion to approve the claims as presented, seconded by Councilperson Clapp and carried unanimously. Mayor Parker announced a request has been received to cancel The roll was called and those present were Councilpersons Wolpert, Andrew Williams III, Donna M. Frantz, Peggy Knight L. Marie Clapp, Robert L. Potter, and Steven R. Stemler. until the next meeting: in Elk Pointe. Easement has been on in properly. the agenda the meeting of May 3~ President Potter made the first agenda item, Petition to Vacate an Council President Potter noted this vacation twice and neither time has the paperwork come Mayor Parker introduced the next agenda item~ Ordinance No. 9B-OR-R8, An Ordinance Regulating Ethics And Conflicts Of Interest For City Officials And Employees (Draft A)~ making the statement that he is clearly against the Ordinance upon conferring with City Attorney Gillenwater who still feels there are some portions that are illegal. Mayor Parker did acknowledge the Ordinance has come a long way. PAGE 8 MAY 19, 1993 Councilperson Wilder made the motion to pass Ordinance No. (Draft A), on the second and third readings with a small change on the first page, seconded by Councilperson Frantz. Council President Potter questioned Councilperson Wilder's motion to pass on the second and thrid readings stating the agenda advertised~ as well as the Council agenda, only showed it for the second reading. Councilperson Wilder does not believe the readings have to be advertised. Attorney Giltenwater concurred. Council President Potter has a problem with an appointed commission stating that all members serve two years and will come in and go out at the same time. He also feels this could become a "witch hunt", as this makes the accussed accountable to prove innocence which is opposite of the American Way. Councilperson Wilder said this is dealt with in Section 4 of the Ordinance. Council President Potter does feel this is another set of beauracy between the Mayor and the Couocil. Councilperson Wilder does not feel you can be totally impartial if the body is a part of City government. Attorney Gillenwater stated his concerns. He is concerned this Ordinance would not be valid as it infringes upon the powers given to other parts of government. The Ordinance has workability problems, and is difficult to understand. Attorney Gillenwater, with 19 years of education has had problems understanding some parts of the Ordinance. He furter stated the Council cannot regulate conduct that is already regulated by State Statute, it places requirements before people can be candidates for public office, it places additional requirements on the executive of the City in hiring and firing people, it gives the Commission the power to adopt requlations without being specific. Under most Ethics Ordinances a disclosure is required, but duties are not limited, this Ordinance prohibits the doing of certain acts. The word nepotism is used and given a new definition. Attorney Gillenwater feels this limits the Mayor's ability to hire and fire. Under this Ordinance a complaint must also a concern. Discussion was held Attorney Anne Marie Sedwick regarding be sent to 4 people. This is between Attorney Gillenwater and areas regulated by State Statue with Attorney Sedwick explaining the Home Rule Policy which gives Cities very broad powers to do anything they deem necessary. She stated that no Ordinance will be crystal clear and that is why there PAGE 3 MAY 17~ 1993 are Courts and Lawyers. Councitperson Wilder does feel this Ordinance is clear. Following all discussion, Councilperson Wilder rescinded her motion to pass Ordinance No. 93-0R-22 (Draft 4) on the second and third readings and Councilperson Frantz withdrew her second. Councilperson Wilder then made the motion to pass Ordinance No. 9B-OR-22 (Draft 4) on the second reading, seconded by Councilperson Frantz, passing on the following roll call vote: Ayes: Councilpersons Stemler, Williams, Frantz, and Wilder. Nays: Councilpersons Potter, Wolpert, and Clapp. Attorney Gillenwater again offered to work with Attorney Sedwick on revisions on this Ordiance. Council President Potter introduced Ordinance No. 93-0R-30, An Ordinance Establishing A Code Of Ethics For Public Servents In The City Of Jeffersonville, Indiana, (Draft 1), explaining portions of the Ordinance and making the motion to pass Ordinance No. 93-0R-30 on the first and second readings, seconded by Councilperson Clapp. Councilperson Wilder feels this Ordinance calls recommendation with no call for disclosure of gifts, of family which she feels is important. Council basically for a and no definition President Potter as possible. Ordinance No. 93-0R-30 passed on the first and second readings with the following roll call vote: Ayes: Councilpersons Stemler, Potter, Wolpert, Williams, Frantz, Wilder, and Clapp. Nays: None. Councilperson Wilder introduced Ordinance No. 93-0R-31, Solid Wast Dumping, explaining there are some specific problems in the City. Attorney Gillenwater feels a notice should be given to property owners as well as to the person doing the dumping, he feels there is a need for clarification of materials. Councilperson Wilder will make some revisions. Councilperson Wilder then made the motion to pass to consider both. Councilperson Wilder agrees with Councilperson Williams that it is fair to open this up to as much public discussion explained this is a first draft. Mrs. Goody asked what the situtation would be if the violator was a member of the Board of Public Works. Councilperson Williams would like to further study both and have time PAGE 4 MAY 17, 1993 Ordinance No. 93-OR-B1, on the first and second ~eadings, Council President Potter, passing unanimously. Councilperson Williams called attention to a problem of overtime funds for the Animal Shelter. Shelter Manager Wheatley explained her staff is short and on call 84 hours a day and she is the only employee on salary. She now owes her employees $2,R00.00. Mayor Parker stated this is a service that hours a day. Councilperson Williams suspend the rules for Ordinance No. seconded by Certain Portions Of Section 1 Of Ordinance No. No. 92-0R-48, (Animal Shelter Part-Time), Councilperson Williams then made the motion to 93-0R-32~ on all three readings~ seconded by passing on the following roll call vote: Ayes: Councilpersons Clapp, Wilder, Wolpert, Potters and Stemler. pass Ordinance Councilperson Frantz, Nays: None. help. Note: This Ordinance only dealt with a transfer Overtime still needs to be addressed. Clerk and Treasurer Spencer introduced 93-OR-33, An Ordinance Transferring Department (Animal Shelter, Probation Developments and Common Council)~ Clarification was made on the transfer Ordinance No. Certain Funds Within Same User Fund, Cumulative Capital explaining each department. to Services Contractual for the Department of Redevelopment, explaining this only puts the money in place, the Council will have to approve a claim at a Councilperson Stemler asked if the transfer on Development Fund may jeopardize Mayor's replacement of take-home cars. Mayor degree. Council President Potter for Ordinance No. 93-0R-33, seconded by Councilperson Williams and carried unanimously. Council President Potter then made the motion to pass Ordinance No. 93-0R-33 on all three readings, passing on the following roll call vote: Ayes: Councilpersons Frantz, Wilder, and Clapp. Nays: None. Stemler, Potter, Wolpert, Williams~ later time. the Cumulative Capital the plan for a possible The said this would to some made the motion to suspend the rules Frantz, Williams~ to part-time is rendered to the community 24 introduced and made the motion to 93-0R-32, An Ordinance Amending 91-0R-44 and Ordinance passing unanimously. PAGE 5 MAY 17, 1993 Councilperson Stemler introduced Resolution No. 93-R-13, Interlocal Joint Cooperation Agreement Concerning The Implementation Of Curbside Recycling Programs In Cities, Towns And Designated Areas Of The Clark County Solid Waste Management District, and Resolution and Ordinance No. 93-0R-34~ A Resolution And Ordinance Establishing Mandatory Curbside Recycling Within The Corporate Boundaries Of Designated Cities And Towns And Within Designated Unincorporated Areas Of The Clark County Solid Waste Management District And For Regulating Recycling In The District. Councilperson Stemler explained he and Mayor Parker serve on the Solid Waste District Board and there is a four year commitment for recycling. The current life of the landfill is ? years and could be doubled to 14 years. Councilperson Stemler feels Jeffersonville can show leadership and encourage participation. Councilperson Stemler then made the motion to pass Resolution No. 93-R-13~ seconded by Councilperson Williams and carried unanimously. Councilperson Stemler then made the motion to suspend the rules for Ordinance No. 93-0R-34~ seconded by Councilperson Clapp and carried unanimously. Councilperson Stemler made the motion to pass Ordinance No. 93-0R-34 on all three readings~ seconded by Councilperson Clapp~ passing unanimously. Attorney Gillenwater introduced Resolution No. Resolution Adopting A Felxible Insurance Plan Adoption 93-R-1~, A Agreement, explaining this is what Agent of Record Cooper talked about at the last meeting. Councilperson Wilder expressed concern over voting on something when they have only seen the one plan. Councilperson Frantz questioned the phrase in paragraph three regarding the Council. Attorney Gillenwater explained this does not have to be done, however it accurately reflects what is being done. Councilperson Frantz made the motion to table this Resolution until all have more time to look at this and would also like to see a previous Resolution. Clerk and Treasurer Spencer does not have knowledge of a previous Resolution only the Board of Public Works approval of the agreement, and the Council approved the payment. Councilperson Williams explained that Section 125 also known as a Cafeteria Plan is good for the employees and the City and he strongly endorses passage. PAGE 6 MAY 19, 1993 Attorney Gillenwater distributed copies of a Statement of Benefits for Eagle Steel explaining Ms. Rita Moore of Eagle Steel asked these be given to the Council as she is concerned for filing in a timely matter as the next meeting is not until June 8. This will be taken up at the next meeting. Mayor Parker informed the Council Services Coordinator Les Kavanaugh will be spending three weekends in Terre Haute attending a blasting school. Mayor Parker also informed the Council that Ms. Betty Summers Froedge, the Fire Department Secretary has suffered a heart attack and will be absent from her job for a period which will be a tremendous hardship. Me has talked with Fire Chief Dooley, and Clerk and Treasurer Spencer and assist without neglect of other is against good government and together on this. Councilperson Williams~ recalling from various civic groups, suggests a report events may become self sufficient. Councilperson Clapp stated this the Clerk and Treasurer's Office will duties. Mayor Parker explained no one good ethics and he hopes all can work recent requests for funds of accountability so that is her last meeting as Councilperson as she is moving into Councilperson Williams' district. It has been a pleasure working with the Council and she appreciates the support she received from the Fifth District. Councilperson Stemler thanked the Council for the unanimous support on passing the recycling as he hopes it is good for Jeffersonville and the community. Councilperson Stemler asks the Council to remember Betty Froedge and her family. He thanked the citizens for attending. Councilperson Stemler would like to see Councilpersoh Clapp receive a plaque~ and he does bid her well. Council President Potter also thanks Councilperson Clapp for her years of service on the Council and the Democratic Party that she served with honor and dignity. There was never a worry about ethics with Marie and he will miss her very much. Council President Potter called attention to suggestions in the newspaper that he impugned Councilperson Wilder. He denies this comment stating this is not personal only a difference of opinion. He also ~ thanked all for attending. PAGE ? MAY 17, 1993 Park Superintendent Caldwell noted the great ~ob that has been done by Councilperson Clapp, stating she was the one that started recycling in all City departments, saying this is an example of the kind of person she is, and he commends her for her efforts. Superintendent Caldwell explained there will be need for additional Mr. Russel budget for streets Commission Trembly that due to recent ADA requirements~ funding. Goode questioned if there is $100,000 in the why there is only $50,000 for paving. Street explained this is used for materials in patching and maintaining all streets as well as milling. Street paving will start the first of June. He explained what streets will be done. President Potter said the City Survey will be in the there will be a question regarding Council paper Thursday and Monday and having a bond issue for paving. Mr. Clarence Keyes was disappointed at the turnout at the Solid Waste Meeting the past Friday night. There being no further business to Council President Potter moved to adjourn at 9:15 o~clock seconded by Councilperson Stemler and unanimously carried. come before the Councils P.M. YO-R ~YMO~D J. PAR~<~ ATTEST: CLERK-AND TREASUF~R C. R~HARD SPENCER JR. JR.