HomeMy WebLinkAboutMarch 2, 2009COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
March 2, 2009
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 March 2, 2009.
Mayor Tom Galligan, with Deputy Clerk Treasurer Barbara Hollis at the desk,
called the meeting to order. Also present was Council Attorney Larry Wilder, and
Administrative Assistant Laura Boone. Mayor Galligan welcomed all in attendance,
asking all those present to stand as Reverend Conrad 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.
Following discussion Councilperson Samuel made the motion to approve the
agenda with the addition of # l OA -Appointment to Fire Department Merit Board and
#17A -Police Merit Board discussion, second by Councilperson Fetz, passing on a vote
of 7-0.
Mayor Galligan presented the minutes for consideration. Councilperson Wilson
made the motion to approve the minutes of February 23, 2009 (6:00 P.M.) with the
removal of the sentence "It will not be enforced." under Recycled Paper Discussion,
second by Councilperson Zastawny, passing on a vote of 7-0. Councilperson Fetz would
like the departments to use every means possible to buy recycled paper. Councilperson
Wilson made the motion to approve the minutes of February 23, 2008 (7:30 P.M.) with
the correction of trashcans to trash cans on page 5, first sentence, second by
Councilperson Zastawny, passing on a vote of 7-0.
Deputy Clerk Hollis presented the claim list for consideration by the Council,
asking that the claim to Midwest Claims listed in the Common Council Department be
removed. Attorney Wilder explained a letter disputing the claim has been written.
Councilperson Zastawny made the motion to approve the claims list with the removal of
March 2, 2009 2
the claim to Midwest Claims, second by Councilperson Wilson, passing on a vote of 7-0.
Councilperson Grooms made the motion to pre approve the Parks Department claims list
of $9,821.32, second by Council President Sellers, passing on a vote of 7-0.
PUBLIC COMMENT:
Ms. Pat Barrow, a resident of Jefferson Court, voicing concern that the Board of
Public Works and Safety has approved the spending of $41,195.00 of Major Moves funds
for Mitigation Plan Development for the America Place/Quarry Road Project. IDEM has
no application for a permit. She read a quote from the newspaper. A public meeting was
agreed to on October 6, 2008. Ms. Barrow feels there is no reason to release funds.
Commitments have not been met. No applications for permits have been received. She
will be here monthly to monitor the project. She presented a list of zoning codes she
feels MAC Asphalt has not complied with in the past, to Attorney Wilder. Mayor
Galligan stated nothing has been done, as the wetlands have to be dealt with first.
COUNCIL COMMENT:
There was no Council comment.
DEPARTMENT HEAD REPORTS:
Planning and Zoning Director Jim Urban and Assistant Police Chief Mike Pavey
appeared before the Council to discuss the need for additional Police Officers, due to the
two recently injured, and four that are retiring this year. The force is short 3 now,
anticipating retirement of two shortly, and another by the end of the year. The
Department is really stretched, noting Thunder is coming up. They would liken the
request to a real estate bridge loan. Councilperson Smith voice concern for financing
when the injured officers return. Assistant Chief Pavey said he hopes to be able to get
Officers up and running. Three are at the academy now. This is a request to eliminate
any gaps. Councilperson Samuel noted the need to have the Merit Board in place before
doing anything. City Council Attorney Wilder explained the procedure. Assistant Chief
Pavey said it is a 90-day procedure to hire. Reverend Moorer said it is hoped to start the
Merit Board this week. Councilperson Smith noted the need to get finances in order.
Councilperson Grooms said the Council's hands are tied until a budget order is received.
He proposes to begin to process to hire three. The Police Merit Board appointments are:
Police appointed Stuart Robertson and Monty Snelling, Mayor Galligan appointed Judy
March 2, 2009 3
DeSimone and Tom Bodine, Council appointment is Conrad Moorer. At the conclusion
of all discussion, Councilperson Grooms made the motion to begin the process, with the
cooperation of the merit board, to hire no more than six officers in 2009, second by
Councilperson Sellers, passing on a vote of 7-0. Director Urban made it clear the
Officers in the hospital are not being replaced.
Mayor Galligan introduced and read a biography of David Martin. Mr. Martin is
Mayor Galligan's appointment to the Fire Department Merit Board. Mayor Galligan
thanked Mr. Martin for serving. Mr. Martin said he is looking forward to serving.
AGENDA ITEMS:
Director Urban explained changes to Ordinance No. 2009-OR-9, An Ordinance
Amending 2009-OR-7, Which Amends 2009-OR-2, Which Amends 2008-OR-79, An
Ordinance Fixing Basic Salaries Of Appointed Officers And Employees Of The City Of
Jeffersonville, Indiana For The Year 2009. In the Sewer Utility In-House Operation &
Maintenance Staff section on page 6, it is asked that CDL Differential - A and CDL
Differential - B be withdrawn. The request for the change in Administrative is also
withdrawn. It is requested that TV Technician be deleted. There is also a request for
change in Laborers and Technicians. Councilperson Fetz made the motion to pass
Ordinance No. 2009-OR-9 as amended, be passed on the second reading, second by
Council President Sellers. Councilperson Smith explained the motion is for the total
Ordinance, therefore he will be voting in opposition. The motion passed on a vote of 6-1
with Councilperson Smith voting against passage.
Upon the request of Director Urban, Councilperson Zastawny made the motion to
table, until the next meeting, Ordinance No. 2009-OR-8, An Ordinance Creating A
Special Riverfront Business Overlay District And Creating Specific Requirements For
Parking Within The Riverfront Business District, second by Council President Sellers,
passing on a vote of 7-0.
City Attorney Wilder explained modifications to Ordinance No. 2009-OR-11, An
Ordinance Establishing Service Charges For False Alarms Reported To Jeffersonville
Police Department, asking for passage on the second reading. Councilperson Samuel
made the motion to pass Ordinance No. 2009-OR-11 on the second reading, second by
Councilperson Wilson, passing on a vote of 7-0.
March 2, 2009
4
Councilperson Samuel made the motion to pass on the second reading, Ordinance
No. 2009-OR-12, An Ordinance Establishing Service Charges For False Alarms Reported
To Jeffersonville Fire Department, second by Councilperson Grooms, passing on a vote
of 7-0.
Councilperson Samuel made the motion to pass Ordinance No. 2009-OR-13, An
Ordinance Amending Ordinance 2008-OR-57, An Ordinance Establishing Departmental
Petty Cash And/OR Cash Change Funds, on the second and third readings, second by
Council President Sellers, passing on a vote of 7-0.
Engineer Jorge Lanz of Jacobi, Toombs, and Lanz, explained the need for the
proposal from Stantec Consulting Services for a Mitigation Pan Development And
Agency Coordination American Place/Quarry Road Project. Liters Quarry/Hanson are
under a separate contract to mitigate. Engineer Lanz reviewed the property ownership
and responsibilities. The road may not be built without mitigation. Councilperson
Zastawny said the proposed road is in his district and many have voiced that the road is
not wanted. He is against the road. He does not feel it is money well spent. Engineer
Lanz said no plans for a road have been submitted to IDEM. It is normal to do this
process first. Councilperson Grooms noted the need to make sure Major Moves money
can be spent on this. Councilperson Wilson made the motion to spend Major Moves
money for the wetlands mitigation, not to exceed $41,195, second by Councilperson Fetz.
Mayor Galligan explained the need for the road. He is trying to do everything to mitigate
Ms. Barrow's concerns. This project has been submitted for stimulus money. The
motion passed on a vote of 5-2. Councilpersons Grooms and Zastawny voted against
passage.
Council Attorney Wilder reviewed Ordinance No. 2009-OR-10, An Ordinance
Establishing Fire Hydrant Specifications For Developers And Others. Councilperson
Smith reviewed the difference between city and rural water lines. The Ordinance was
reviewed section by section. Director Urban gave further explanations. Water
companies are in the business to provide drinkable water. Councilperson Samuel made
the motion to pass Ordinance No. 2009-OR-10 on the second and third readings, second
by Councilperson Wilson, passing on a vote of 7-0.
Statement Regarding the State Board of Accounts Examination Report
Council Members Connie Sellers, Ron Crrooms and Nathan Samuel have spoken with
representatives of the Indiana Association of Cities and Towns, including Jodie Woods,
legal counsel, and Tom Bredeweg, regarding the State Board of Accounts Examination
Report of the City of Jeffersonville for calendar year 2007. Pursuant to our discussions,
we were advised to respond to the sections of the report that specifically apply to the City
Council. These sections of the report include the following: (1) Credit Card Claims
(p.18); (2) Finance Charges and Late Fees (p.19); and (3) Fund Sources and Uses -Major
Moves Fund (p.19).
As with every annual examination report by the State Board of Accounts, the City
Council understands its important role as the fiscal body of the City of Jeffersonville and
the need to take the appropriate and necessary actions to comply with the rules and
procedures of the State Board of Accounts. To alleviate these concerns, we would
recommend that the full City Council address the deficiencies cited in the report and shall
develop a detailed strategy to both correct and to prevent any further deficiencies.
In addition to the three sections of the report which specifically applied to the City
Council, the report includes several other sections which apply to other offices and
departments of the City, including but not limited to the Clerk-Treasurer's Office.
During our discussions with the representatives from the Indiana Association of Cities
and Towns, we were advised that a separate investigation by the City Council concerning
the Clerk-Treasurer's Office is not recommended because such an investigation could
impede and conflict with the pending investigation by the County Prosecutor's Office.
Furthermore, even though the City Council does not have the authority to respond on
behalf of the other offices and departments concerning the sections of the report which
apply specifically to them, the City Council strongly encourages the other offices and
departments of the City to appropriately address their cited deficiencies and to develop
strategies to correct and prevent any further deficiencies in their operations.
March 2, 2009
As there was no further business to come before the Council, the meeting was
adjourned at 9:35 P.M.
THOMAS R. GALLIG ,MAYOR
ATTEST:
5~'
PEGG WILDER, CLERK AND TREASURER