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HomeMy WebLinkAboutDecember 15, 2008COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA December 15, 2008 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana, at 7:30 P.M. on Monday December 15, 2008. Mayor Tom Galligan, with Deputy Clerk Treasurer Barbara Hollis at the desk, called the meeting to order. Also present were City Attorney Darren Wilder, Council Attorney Larry Wilder, Deputy Clerk Treasurer Tiffany Timberlake and Clerk Treasurer Administrative Assistant Laura Boone. Mayor Galligan welcomed all in attendance, asking all those present to 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 Zastawny, Keith Fetz, Connie Sellers, Barbara Wilson, Nathan Samuel, and Ron Grooms. Absent: None. Council President Zastawny made the motion to approve the agenda with the following amendments; table agenda item #11, replacing it with Council Appointment to the Police Merit Board, add an amendment to City Hall Building Authority Ordinance as # 11 A, delete # 18, table # 15, replacing it with Ordinances 2008-OR-84, 2008-OR-85, and 2008-OR-86, second Councilperson Grooms, passing on a vote of 7-0. Mayor Galligan presented the minutes for consideration. Councilperson Wilson made the motion to approve the minutes of December 1, 2008 (7:30 P.M.) as presented, second by Councilperson Sellers, passing on a vote of 7-0. Deputy Clerk Treasurer Hollis presented the claim list for consideration by the Council, asking that several claims be deleted due to lack of funds, requesting addition of claims to Caterpillar Financial, Institute For Public Safety, and the Sidewalk Fund transfer. At the conclusion of all discussion, Councilperson Samuel made the motion to approve the claims, deleting those as requested, adding the claim to Caterpillar Financial, second by Councilperson Smith, passing on a vote of 6-1. Councilperson Fetz voted in opposition. December 15, 2008 PUBLIC COMMENT: There was no public comment. COUNCIL COMMENT: There was no Council comment. DEPARTMENT HEAD REPORTS: There were no Department Head reports AGENDA ITEMS: 2 Councilperson Samuel made the motion to appoint Conrad Moorer to the Police Merit Board fora 4-year term, second by Councilperson Grooms. Council President Zastawny asked if the appointment would pose a conflict of interest, as Reverend Moorer is the Police Chaplain. Reverend Moorer explained it is his intention to retire as Chaplain. Councilperson Fetz asked if it would cause a personal conflict. Reverend Moorer feels he can deal with this and be fair. His goal is to make the Department the best it can be. Councilperson Fetz asked Attorney Wilder if this would put the City in conflict. Attorney Wilder said if Reverend Moorer does not receive pay, or any benefits such as a vehicle, and if he has lived in the City for the past 3 years it would not. Councilperson Samuel noted Reverend Moorer has experience dealing with conflicts, and is confidential. He has proven himself, and is an outstanding community leader. Councilperson Fetz asked who would replace him as Chaplain. Reverend Moorer said that would be up to the Chief. He is willing to talk with the Chief and help the replacement. Council President Zastawny said thank you for being willing to serve. Reverend Moorer said he wishes to change his level of service. The motion passed on a vote of 7-0. Councilperson Samuel presented and explained Ordinance No 2008-OR-87, An Ordinance Amending Ordinance No. 2008-OR-42 Creating The Jeffersonville City Hall Building Authority. Councilperson Samuel made the motion to pass Ordinance No. 2008-OR-87 on the first and second readings, second by Councilperson Wilson, passing on a vote of 7-0. Attorney Greg Fifer, representing BLDM, LLC requested passage of Ordinance No. 2008-OR-63, An Ordinance Vacating A Portion Of A Drainage Easement, explaining changes. Councilperson Grooms made the motion to pass Ordinance No. 2008-OR-63 December 15, 2008 3 with the changes on the third reading subject to approval of the. Drainage Board, second by Councilperson Sellers, passing on a vote of 7-0. Councilperson Samuel made the motion to pass Ordinance No. 2008-OR-82, An Ordinance Transferring Certain Funds Within The Same Department (Annexation Fund), on the third reading, second by Council President Zastawny, passing on a vote of 7-0. Councilperson Grooms explained the need for passage of Ordinance No. 2008- OR-84, An Ordinance Amending Ordinance No. 2008-OR-25 An Ordinance Of Appropriation Reductions, making the motion to pass Ordinance No. 2008-OR-84 on the second and third readings, second by Council President Zastawny, passing on a vote of 7- 0. Councilperson Grooms made the motion to pass Ordinance No. 2008-OR-85 An Ordinance Transferring Funds Within Same Department (Probation User Fund) on the second and third readings, second by Council President Zastawny, passing on a vote of 7- 0. Councilperson Grooms made the motion to pass Ordinance No. 2008-OR-86, An Ordinance Transferring Funds Within Same Department (General Fund) on the second and third readings, second by Councilperson Wilson, passing on a vote of 7-0. Councilperson Grooms made the motion to made the motion to pass Ordinance No. 2008-OR-80, An Ordinance Fixing Basic Salaries Of Elected Officials Of The City Of Jeffersonville, Indiana For The Year 2009 on the second reading, second by Council President Zastawny, passing on a vote of 7-0. Planning and Zoning Director Jim Urban suggested the Council table Ordinance No. 2008-OR-88, An Ordinance Rezoning 2.389 Acre Tract Of Land Located Across From Perrin Pointe On Utica Pike From PR: Parks & Recreation To R1: Low Density Residential. Council President Zastawny made the motion to table Ordinance No. 2008- OR-88, second by Councilperson Sellers, passing on a vote of 7-0. Director Urban explained Ordinance No. 2008-OR-89, An Ordinance Rezoning A 3.7 Acre Tract Of Land Located At 406 Ewing Avenue From R1: Low Density Residential To IS: Institutional. The Plan Commission has given this a favorable recommendation. Councilperson Smith voiced concerns for the amount of hard surface for the parking area. There will be a retention detention basin. Councilperson Sellers, December 15, 2008 4 made the motion to pass Ordinance No. 2008-OR-89, second by Councilperson Fetz. Mayor Galligan requested public comments. No public comments were voiced. The motion carried on a vote of 7-0. Director Urban requested the Council to approve again, Ordinance No. 2008-OR- 75, An Ordinance Rezoning 3.6 Acre Tract Of Land In The Hwy 62 Corridor From C2: Medium To Large General Commercial To M2: Medium Density Multi-Family Residential. Councilperson Fetz made the motion to approve Ordinance No. 2008-OR- 75, second by Councilperson Sellers, passing on a vote of 7-0. Councilperson Grooms explained One Southern Indiana has recommended passage of Ordinance No. 2008-OR-90, An Ordinance Amending Ordinance No. 2007- OR-90, An Ordinance Amending Ordinance No. 2007-OR-16, An Ordinance Establishing Jeffersonville Economic Development Abatement Non-Reverting Fund. Councilperson Grooms made the motion to pass Ordinance No. 2008-OR-90 on the first and second readings, second by Councilperson Samuel, passing on a vote of 7-0. Councilperson Fetz introduced Resolution No. 2008-R-39, A Resolution Requiring City Council Of Jeffersonville, IN To Undertake Steps To Operate Legislative Meetings And Legislative Government In A "Paperless" Manner and fashion. Councilperson Fetz asked how many on the Council had met with Roger regarding the computers. Councilperson Fetz would like to ask presenters to email information so that it could be displayed on the screen. He believes this is a step in the right direction and would set a precedent. Councilperson Fetz made the motion to table Resolution No. 2008-R-39, second by Councilperson Wilson. Councilperson Grooms feels the Council should have an option. The motion to table passed on a vote of 7-0. CLERK TREASURER COMMENTS: There were no Clerk Treasurer Comments. COMMITTEE REPORTS, COUNCIL AND MAYOR COMMENTS: Councilperson Samuel reported on attending the levy appeal with the DLGF. Few questions were asked. He feels this is due to the "homework" that had been done. He commends all for their professionalism. Councilperson Samuel has completed his first year. He did not realize the efforts that were made in the past. He appreciates the cooperation. It has been a positive experience. December 15, 2008 5 Councilperson Grooms made the motion to pre-approve the Park claims included in the packet with the removal of the ice cream machine, second by Councilperson Wilson, passing on a vote of 7-0. Councilperson Grooms says Merry Christmas, and Happy Holidays. He thanks Jeff High student Mat and the Police Department. It has been a very productive busy year. Councilperson Grooms asked Council Attorney Wilder for clarification on the zoning that was tabled. Council Attorney Wilder said the status quo remains. Councilperson Wilson said it has been a great year. The City has progressed. It has been good working with this Council. Councilperson Wilson wishes all "Happy Holidays". Councilperson Sellers says thank you to the Finance Committee; Mike Smith, Nathan Samuel, and Ron Grooms. Councilperson Fetz has been working with Councilperson Grooms in partnership with Kroger, the FOP, the Fire Union and the community, on a project to raise money for school kids. He explained the program. It is expected close to $11,000 will be raised. Any that would like to help can meet at Kroger at 4:00 P.M. on Thursday; delivery will be from the Fire Houses starting Friday from 5:00 to 7:00 P.M. This has been a humbling experience. Councilperson Smith said if any are not in the Christmas spirit, they should drive to Charlestown to see the lights. Council President Zastawny said this has been an incredible busy year. An agreement on the Fire contract is near. He reminds all there are a lot of appointments to be made the first of the year. A workshop will be scheduled prior to the first meeting in January. Mayor Galligan called attention to a collector ornament being sold by the merchants for $8.50. This has been a great year, the Council has been excellent to work with. Thank you to the staff. All are cooperating. Merry Christmas and Happy New Year. December 15, 2008 adjourned 8:50 P.M. ER, CLERK AND TREASURER AN, MAYOR 6 As there was no further business to come before the Council, the meeting was