HomeMy WebLinkAboutOctober 20, 2008COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
October 20, 2008
The Common Council of the City of Jeffersonville, Indiana me[ in regular session
in Room ]Ol, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana, at 7:30 P.M.
on Monday October 20, 2008.
Mayor Tom Galligan, with Deputy Clerk Treasurer Barbara Hollis a[ [he desk,
called the meeting to order. Also present were City Attomey Darren Wilder, Counci]
Attorney Lazry Wilder, and Clerk Treasurer Administrative Assistant Tiffany
Timberlake. Mayor Galligan welcomed all th attendance, asking all those present [o
stand as Chaplain Moorer 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 Mike Smith, Ed
7astawny, Keith Fetz, Connie Sellers, Barbaza Wilsoq Nathan Samuel, and Ron Grooms.
Absent: None.
Following discussion Councilperson Fetz made the motion to approve the agenda
with the following changes; l0A- #17 with Fire Merit Boazd being place at #17, ]OB
#18 and insert Police Merit Board as #18, lOC Tourism Boazd, ]OD Ordinance No. 2008-
OR-52, table #11 and replace with Sewer Pre-Treatment Ordinance, [able #25 and replace
with Park Claim pre approval, second Councilperson Sellers, passing on a vote of 7-0.
Deputy Clerk Treasurer Hollis presented the claim list for consideration by the
Council. Councilperson Smith noted claims for car washes asking if they could be done
in house. Mayor Galligan said it could be looked into, however it would cause a ]ot of
down time. At the conclusion of al] discussion, Councilperson Samue] made the motion
to approve the claims as presented, second by Councilperson Grooms, passing on a vote
of 7-0.
PUBLIC COMMENT:
Ms. Pat Bazrow, a resident of Jefferson Court, thanked the City for the progress
that has been made in the two weeks since her appearance at the October 6 meeting,
asking Mayor Galligan to share the information. Mayor Galligan explained the wet lands
October 20, 2008 2
plan, the buffer and tree plans, noting both sides of the road will be wetlands. Ms.
Barrow really appreciates the work being done. Councilperson Fetz asks that legal
counsel look into the regulations. Mayor Galligan noted the meeting was very
informative.
COUNCIL COMMENT:
There was no Council comment.
DEPARTMENT HEAD REPORTS:
There were no Department Head reports.
AGENDA ITEMS:
Assistant Planning and Zoning Director Brian Fogel, on behalf of Joe Reschar,
N&J Properties, explained the need for passage of Ordinance No. 2008-OR-60, A
Rezoning Ordinance (210 Fulton Street). Councilperson Fetz noted this request received
a positive recommendation at the Planning and Zoning meeting. Council President
Zastawny made the motion to pass Ordinance No. 2008-OR-6Q, second by Councilperson
Sellers, passing on a vote of 7-0.
Mr. William Skees, Attorney representing Eastside Christian Church, explained
the need for passage of Resolution No. 2008-R-28, A Resolution Consenting To The
Issuance By The Town OF Sellersburg Economic Development Bond For Eastside
Christian Church. Attorney Skees explained why Jeffersonville was not asked. Council
Attorney Wilder agreed with Attorney Skees explanation, noting Jeffersonville has no
financial obligation. Council President Zastawny made the motion to pass Resolution
No. 2008-R-28, second by Councilperson Grooms, passing on a vote of 7-0.
Sack Vissing, Attorney and Dr. Jim Becker, President of Clark/Floyd Tourism
Bureau explained the need for passage of Ordinance No. 2008-OR-61, An Ordinance
Authorizing The Issuance Of Capital Development Tourism Fund Revenue Bond.
Attorney Vissing explained the tourism tax. The Ciry is not responsible. Council
President Zastawny asked how the projects aze determined. It was explained proposals
are accepted. Attorney Vissing explained the funding. Councilperson Fetz made the
motion to suspend the rules for Ordinance No. 2008-OR-61, second by Councilperson
Wilson, failing on a vote of 5-2. Councilpersons Samuel and Grooms voted against
suspension. Councilperson Fetz then made the motion to pass Ordinance No. 2008-OR-
October 2Q 2008 3
61 on the first and second readings, second by Councilperson Wilson, passing on a vote
of 7-0.
Attorney Mike Gillenwater explained the need for passage of Ordinance No.
2008-OR-52, An Ordinance Vacating A Portion Of A Utility Easement In Windsor Pazk.
Councilperson Smith has looked at the property and feels there is no problem with
granting the request. Mayor Galligan announced this is a public heazing regarding this
issue, asking for comments. Grant Morgan questioned the drainage. There being no
further oomment, Councilperson Smith made the motion to pass Ordinance No. 2008-
OR-52 on the first reading, second by Councilperson Fetz, passing on a vote of 7-0.
Councilperson Fetz then made the motion to pass Ordinance No. 2008-OR-52 on the
second and third readings, second by Council President Zastawny, passing on a vote of 6-
Councilperson Samuel voted in opposition.
Council Attomey Larry Wilder presented Ordinance No. 2008-OR-62, An
Ordinance Amending Ordinance No. 2004-OR-64A, A Sewer Pre-Treatment Ordinance,
explaining this is a necessity due [o a matter pending with the EPA and is an emergency.
Councilperson Fetz made the motion to suspend the rules for Ordinance No. 2008-OR-
62, second by Councilperson Sellers, passing on a vote of 7-0. Councilperson Fetz then
made the motion to pass Ordinance No. 2008-OR-62 on all three readings, second by
Councilperson Sellers, passing on a vote of 7-0.
Councilperson Samuel explained Ordinance No. 2008-OR-41, An Ordinance
Rescinding 2006-OR38, An Ordinance Establishing The City Hall Building Authority.
Councilperson Samuel then made [he motion to pass Ordinance No. 2008-OR-41 on the
third and final reading, second by Councilperson Fetz, passing on a vote of 7-0.
Councilperson Samuel next explained Ordinance No. 2008-OR-42, An Ordinance
Creating The Jeffersonville City Hall Building Authority. Councilperson Samuel then
made the motion to pass Ordinance No. 2008-OR-42 on the third and final reading,
second by Councilperson Wilson, passing on a vote of 7-0.
City Attomey Darren Wilder explained the need for passage of Ordinance No.
2008-OR-57, An Ordinance Establishing Petty Cash And/Or Cash Change Funds.
Councilperson Sellers made the motion to pass Ordinance No. 2008-OR-57 on the second
and third readings, second by Councilperson Grooms, passing on a vote of 7-0.
October 20, 2008 4
Mr. Greg Fifer, Attorney representing BILDM, LLC, explained the need for
passage of Ordinance No. 2008-OR-63, An Ordinance Granting Petition To Vacate
Portion Of Drainage Easement (Rolling Ridge Subdivision). This being a public heazing,
public comment was requested. As no public comment was heard, Councilperson
Grooms made [he motion [o pass Ordinance No. 2008-OR-63 on the first and second
readings, second by Cowcilperson Smith, passing on a vote of 7-0
Ordinance No. 2008-OR-64, An Ordinance Amending Basic Salaries Of
Appointed Officers And Employees Of The City Of Jeffersonville, was presented and
explained it would require no additional. Money. Councilperson Grooms made the
motion to pass Ordinance No. 2008-OR-64 on the first reading, second by Councilperson
Wilson, passing on a vote of 7-0.
Council President Zastawny presented Resolution No. 2008-R-21, A Resolution
Establishing A Merit Board Foe The Jeffersonville Fire Department Council Attorney
Larry Wilder reviewed the Resolution explaining the time requirements. Councilperson
Smith said this is long overdue. Council President Zastawny questioned the legal
resident of the City of Jeffersonville for three consecutive years requirement with regazd
to annexation. At the conclusion of all discussion, Council President Zastawny made the
motion to pass Resolution No. 2008-R-2Q second by Councilperson Fetz, passing on a
vote of 7-0.
Resolution No. 2008-R-3Q, A Resolution Establishing A Merit Board For The
Jeffersonville Police Department was presented fox consideration. Council President
Zastawny made the motion to pass Resolution No. 2008-R-3Q secoud by Councilperson
Fetz, passing on a vote of 7-0.
Ordinance No. 2008-OR-65, An Ordinance Of Additional Appropriation (Gaming
Revenue -Emergency Radios) was presented for consideration. Emergency Management
Director Mindy Christian gave a report of a meeting with the Police and Fire Department
with regard to the radios. Mayor Galligan requested public comment There was no
comment heard Councilperson Smith noted the need to provide funding in the budget
for the monthly service chazge. Council President Zastawny made the motion to pass
Ordinance No. 2008-OR-65 on [he first and second readings, second by Councilperson
Sellers, passing on a vote of 7-0.
October 20, 2008 5
Ordinance No. 2008-OR-66, An Ordinance Of Additional Appropriation (Gaming
Revenue -Gasoline) was presented for consideration. Mayor Galligan requested public
comment. There was no comment heard. Council President Zastawny made the motion
to pass Ordinance No. 2008-OR-66 on the first and second readings, second by
Councilperson Samuel, passing on a vote of 7-0.
Deputy Clerk Treasurer Hollis explained the need for passage of Ordinance No.
2008-OR-67, An Ordinance Transferring Certain Funds Within Same Department
(General Fund -Police Budget). Councilperson Fetz made the motion to pass Ordinance
No. 2008-OR-67 on the first and second reading, second by Councilperson Sellers,
passing on a vote of 7-0.
Deputy Clerk Treasurer Hollis explained the need for passage of Resolution No.
2008-R-31, A Resolution to Advertise For An Additional Appropriation (General Fund -
Police Department). Councilperson Fetz made the motion to pass Resolution No. 2008-
R-31, second by Council President Zastawny, passing on a vote of 7-0
Councilperson Samue] explained the need for passage of Ordinance No. 2008-
OR-68, An Ordinance Of Additional Appropriation (Edit Fund - Police
Softwaze/Computers), making the motion to pass on the first and second readings, second
by Councilperson Sellers, passing on a vote of 7-0.
Councilperson Grooms explained Ordinance No. 2008-OR-69, An Ordinance
Transferring Surplus Funds From The Cumulative Capital Improvement Fund To The
General Fund, making the motion to pass on the first and second readings, second by
Councilperson Fetz, passing on a vote of 7-0.
Councilperson Grooms made the motion to pre approve the Jeffersonville Pazks
Department claim list dated 10/15/2008 in the amount of $5,393.62, second by
Councilperson Sellers, passing on a vote of 7-0.
Councilperson Grooms explained Ordinance No. 2008-OR-7Q, An Ordinance
Transferring Certain Appropriation Postings From One Fund To Another, making the
motion to pass on [he first and second readings, second by Councilperson Sellers, passing
on a vote of 7-0.
CLERK TREASURER COMMENTS:
There were no Clerk Treasurer Comments.
October 20, 2008 6
COMMITTEE REPORTS, COUNCIL AND MAYOR COMMENTS:
Councilperson Samuel announced Kellogg's Frosted Flakes is featuring the
Jeffersonville Little League on the cereal box. Councilperson Samuel appreciates the
work that Chaplain Conrad Moorer provides For [he City and the Police Department.
Councilperson Samue] asked if the Police Advisory Board would go away with the
implementation of the Merit Boazd. Mayor Galligan answered yes.
Councilperson Grooms reported on the meeting having to do with the 2008
budget report versus the 2009 budget. Work is still being done. The Council will meet
Friday, October 24, 2008 at 5:30 to consider passage of the 2009 budget on the first
reading. The Council will then meet Monday, October 27 to consider adoption of the
2009 budget. The Finance Committee will meet Friday October 24, 2008 at 3:00 P.M.
This budget has been an experience. Councilperson Grooms appreciates the Mayor's
actions regazding spending controls. His cooperation is appreciated. Councilperson
Grooms thanks Jeff High Student Ma[ and the Police Officers for their attendance.
Councilperson Wilson explained the azea the Council will have for Halloween
Downtown. City Pride will conduct storytelling after 8:00 P.M. She hopes all can come.
Councilperson Fetz noted he and Councilperson Samuel have tamed over their
offices. The copy machine in the Clerk Treasurer's Office can be upgraded with a
function that will allow the emailing of the packets. He requests Assistant Timberlake to
get the cost numbers. He encourages all to go paperless.
Mayor Galligan called attention to a newspaper article regazding projected sewer
projects. A rate study will be done.
As there was no further business to come before the Council, the meeting was
adjourned 9:10 P.M.
THOMAS R. GALL G6 N, MAYOR
EST: //~ ~/
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PEGG W DER, CLERK AND TREASURER