Loading...
HomeMy WebLinkAbout05-21-01COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, iNDIANA MAY 21, 2001 The Common Council of the City of Jeffersonville, Indiana met in regular session in the Multi-Purpose Meeting Room in the City-County Building, Jeffersonville, Indiana, at 7:00 P.M. on the 21st day of May, 2001. The meeting was called to order by Mayor Thomas R. Galligan, with Clerk and Treasurer Peggy Wilder at the desk. Also present were City Attorney Anne Made Galligan, Council Attorney Dawn Elston, and Deputy Clerk Barbara Hollis. Mayor Galligan welcomed all in attendance, asking all those present to stand as Councilperson Ron Ellis gave the invocation. Mayor Galligan 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 Ron Ellis, Les Merkley, Denny Frantz, Rob Waiz, Barbara Wilson, Run Grooms, and Vicki Conlin. Absent: None Mayor Galligan presented the minutes of the meeting of May 7, 2001 for consideration by the Council. Following notation of two corrections, Councilperson Wilson made the motion to approve the minutes as corrected, seconded by Councilperson Conlin, passing unanimously. Mayor Galligan next presented the minutes of the workshop meeting of May 14, 2001 for consideration by the Council. Councilperson Conlin made the motion to approve the workshop minutes as presented, seconded by Councilperson Grooms, passing unanimously. Council President Merkley asked to add discussion of the Police and Fire Contract to the agenda. Council President Merkley then made the motion to approve the agenda as amended, seconded by Councilperson Wilson, passing unanimously. Clerk Treasurer Wilder presented the claim list for consideration by the Council. Councilperson Ellis made the motion to delay approval of the claims until the next meeting, seconded by Councilperson Wilson. Clerk Treasurer Wilder apologized for the claims not being in the packet. She did see that the Council received them today and did bring all the claims to the meeting for the Council to review. Councilperson Grooms May21,2001 2 asked if delaying payment would cause a hardship in the Clerk Treasurer's office to which Clerk Treasurer Wilder replied that it would. Following comments the motion to delay the claims passed on the following roll call vote: Ayes: Councilpersons Grooms, Wilson, Ellis, and Merkley. Nays: Councilpersons Conlin, Waiz, and Frantz. PUBLIC COMMENT: There was no public comment. AGENDA ITEMS: Ms. Phyllis Wilkins, Executive Director of the Clark County Chapter of the American Red Cross appeared before the Council reviewing the services provided by the Chapter, stating disaster relief is mandated by the Federal Government. The Clark County Chapter Disaster Relief Fund is currently depleted with over $10,000 in outstanding vouchers. She is appealing to all local entities for donations. Councilperson Conlin made the motion to donate $2,000 from the Council Promotion Fund to the Disaster relief fund as much of the work has be~n done in Jeffersunville recently. The motion was seconded by Councilperson Waiz, passing unanimously. Ms. Sharon Matra, Director, Solid Waste Management presented a Resolution And Ordinance Amending Solid Waste Fee Schedule explaining the changes in the interlocal agreement. Councilperson Coniin feels it is not fair that City residents pay $19.50 and County residents do not have to pay; therefore she cannot support this amendment. Councilperson Ellis hopes that when this agreement expires the City of Jeffersonville does not enter a new agreement. Jeffersonville is in Clark County also. At the conclusion of all discussion and the asking for a motion, the request dies for a lack of a motion. Ordinance No. 2001-OR-12, An Ordinance Vacating Part Of Public Way Hopkins Place (Plat Book 9, Page 29) was presented for consideration. Mr. David Nachand, Attorney representing Ms. Kim Carroll explained the request. Ms. Carroll explained the area. Following all discussion, Council President Merkley made the motion to pass Ordinance No. 2001-OR-12 on the first reading, seconded by Councilperson Frantz, passing unanimously. May 21, 2001 3 Ordinance No. 2001-OR-13, An Ordinance Amending SS93.01 Through 93.32 Of The Jeffersonville Municipal Code Concerning City Garbage Collection was presented for consideration. City Attorney Galligan explained this is an update of a current Ordinance. Councilperson Conlin objects to one 90-gallon container per household. Councilperson Frantz objects also. Mayor Galligan explained he is trying to encourage residents to purchase the 90-gallon containers. Councilperson Ellis voiced concerns for the duplication of the Ordinance requiring tarpaulins. He is also concerned for the elderly that may not be able to move the large containers. Another concern of Councilperson Ellis is that residents will be required to keep containers in the rear of their property and some apartments have them in the front. Other concerns voiced had to do with appeals and the 12-hour limit. Councilperson Grooms made the motion to pass Ordinance No. 2001-OR-13 on the first reading, seconded by Council President Merkley. Councilperson Conlin asked if sections 02-04 have to do with the Federal Clean Water Act. Attorney Galligan said this did have to do with some update in the law. Council President Merkley made the motion to amend 93.15 to "equivalent to", seconded by Councilperson Conlin. Mayor Galligan again stated the need to encourage use of the 90- gallon containers. The motion to amend passed on the following roll call vote: Ayes: Councilpersons Merkley, Waiz, Grooms, and Conlin. Nays: Councilpersons Wilson, Frantz, and Ellis. Councilperson Grooms sated he plans to offer other amendments for readings to follow. The motion to pass Ordinance No. 2001-OR-13 as amended on the first reading, passed on the following roll call vote: Ayes: Councilpersons Conlin, Grooms, Waiz, and Merkley. Nays: Councilpersons Wilson, Frantz, and Ellis. Ordinance No. 2001-OR-14, An Ordinance Amending Ordinance No. 90-OR-60, Known As The Jeffersonville Sewer Rate Ordinance was presented for consideration. Attorney Galligan explained the changes. Mayor Galligan noted meters are available for major users of water that does not enter the sewers. Following discussion, Councilperson Grooms made the motion to pass Ordinance No. 2001-OR-14 on the first reading, seconded by Councilperson Conlin, passing on the following roll call vote: Ayes: Councilpersons Conlin, Grooms, Wilson, Waiz, Frantz, and Merkley. May 21, 2001 4 Nays: Councilperson Ellis. Council President Merkley reported on the workshop meeting regarding negotitions for the police and fire contracts. Council President Merkley had been chosen to talk with Mr. Phil McCauley regarding Mr. McCauley acting as negotiator. Mr. McCauley did agree to do this at an hourly rate of $100. Council President Merkley then made the motion to retain Phil McCauley on a contractual basis of $100 per hour m negotiate the police and fire contract, seconded by Councilperson Conlin, passing unanimously. Next on the agenda is Attorney Gillenwater with a public address to the Jeffersonville City Council. City Attorney Galligan stated she does not feel this is an appropriate forum; therefore she and Mayor Galligan will excuse themselves from the meeting. Council President Merkley assumed the chair of the meeting at 8:00 P.M. upon Mayor Galligan leaving. Councilperson Conlin made the motion to limit Attorney Gillenwater's comments to 15 minutes, seconded by Councilperson Grooms. The motion failed due to a lack of a majority on the following roll call vote; Ayes: Councilpersons Waiz, Grooms, and Conlin. Nays: Councilpersons Frantz, and Wilson. Abstain: Councilperson Ellis Council President Merkley, as chair, did not vote. Attomey Gillenwater began his comments by thanking the Council for their attention. Attorney Gillenwater said he was before the Council on December 15, 1997 regarding a Resolution that passed. Many on the Council today were at this meeting. All were happy that day, today it is not so happy. His comments have to do with approximately i00 payroll claims submitted to the City on his behalf. He stated he has received no contact from the City regarding these claims. Attorney Gillenwater stated Mayor Galligan knew about these claims and suggests an inquiry if Mayor Galligan is not reviewing payroll claims. Prosecutor Steve Stewart has removed himself and asked for a special prosecutor. Attorney Gillenwater is thrilled to have an independent opinion. Attorney Gillenwater claims no paperwork has been given to the prosecutor from the City of Jeffersonville. Attorney Gillenwater has presented documents to State Board of Accounts Auditor Marty Fontaine. Attomey Gillenwater said approximately 100 claims May21,2001 5 were presented to the Clerk Treasurer's Office and all know who Mike Gillenwater is. This is not a fictitious name. He said that Federal law requires that one be paid for work. He does admit it would have been better to have had a contract. Attorney Gillenwater said Mayor Galligan feels different now that he did. There were news reports on the front page calling Mike Gillenwater Attorney for the Animal Shelter. He explained all the people and companies he worked with doing the legal work and fund raising (for the building of the new animal shelter). Five hundred thousand dollars was raised, services were donated and other contributions. He told the Council there were no time records kept. Over the two years the time spent comes to 300 hours. Attorney Gillenwater wonders what has changed in the last three years. It is his opinion it has to do with the INAAP property. He has never been "interviewed" by the police and said the police are looking at one side only. He is not running from anything. The State Board of Accounts has been asked to do an audit and is letting them know there are two sides of the story. He then explained the past friendship between his father (Jim Gillenwater, previous Animal Shelter Director) and Mayor Galligan, saying they do not speak now. He believes this is all about politics. All need to treat each other with respect as the INAAP situation is the laughing stock of the State. Attorney Gillenwater asks the Council to do their homework and look into the claims. He comes here as a friend and wants to leave as a friend. He is here to set the record straight. This situation will go away and INAAP will still be there. Council President Merkley asked if any Council wished to comment. There being no comments, Council President Merkley thanked Attorney Gillenwater for his comments. Mr. Rich Davis, Information Technology Director,. appeared before the Council regarding information presented to the Council in their packets. Councilperson Grooms explained Mr. Davis has come to two finance committee meetings and he suggested he come before the Council. Councilperson Waiz said the committee is looking into financing the $157,000. Director Davis explained if the City moves from the currem location, only the fiber lines would have to stay in the building. It is his personal opinion the City should not wait until new offices are found. Councilperson Frantz feels the cost to move the system would be minimal. The 1N Bond Bank is being considered for May 21, 2001 6 financing. Individual budgets will be looked at to find some funding. Clerk Treasur~ Wilder stated there is $86,000 in the Cumulative Capital budget that is unappropriated. Councilperson Ellis asked what the City debt is. The finance committee will meet next week and look into financing. Councilperson Grooms hopes to have something by the June meeting for the Council to act on. COMMITTEE REPORTS: There were no committee reports. COUNCIL COMMENTS: Councilperson Grooms appreciates the support given for the "Taste of Jeffersonville". It was a well-done event with a lot of City employees working. The event was a compliment to the City. Councilperson Conlin agrees saying she agrees and hopes it becomes an annual event Councilperson Wilson reminds all the Concerts In The Park start this Friday. Councilperson Merkley called attention to a letter included in the packet from Harold Armstrong. He then read a letter from Mike Barnes thanking the Council for their SIEDC membership. Councilperson Ellis feels there are African American Restaurants in Jeffersonville that would have participated in the "Taste of Jeffersonville" if they had been asked. Councilperson Grooms explained his vote regarding the 15-minute limit. The Council has a tradition of a 1 O-minute limit and there does need to be guidelines. There being no further business to come before the Council, Councilperson Conlin made the motion to adjourn at 8:40 P.M., seconded by Councilperson Grooms. passing unanimously. ATTEST: ~R PEGGY WILDER, CLERK AND TREASURER