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HomeMy WebLinkAboutNovember 2, 2009COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA November 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 November 2, 2009. 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 Greg Clark, and Administrative Assistant Laura Boone. Mayor Galligan welcomed all in attendance, asking all those present to stand as Councilperson Nathan Samuel 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. Councilperson Grooms made the motion to approve the agenda with the removal of agenda item #16, adding Merit Board appointments in place of #16, and adding Bob Stine as #10A, second by Councilperson Fetz, passing on a vote of 7-0. Deputy Clerk Hollis presented the claim list for consideration by the Council. Following discussion, Councilperson Samuel made the motion to approve the claims as presented, second by Councilperson Grooms, passing on a vote of 6-1. Councilperson Zastawny voted against passage. Councilperson Grooms made the motion to preapprove the Park claims in the amount of $18,810.28, second by Council President Sellers, passing on a vote of 7-0. PUBLIC COMMENT: Ms. Pat Barrow, 1800 Dutch Lane, Lot 75, Jeffersonville, distributed copies of a Joint Public Notice from the US Army Corps of Engineer, Louisville District, regarding mitigation, to the Council. Ms. Barrow asked how much the mitigation would cost. Mayor Galligan said between $188,000 and $190,000. Ms. Barrow then asked how many 1~'ovember 2, 2009 2 on the Council know about this. Councilperson Grooms said this is the first he has seen. No Councilperson answered they had seen it. COUNCIL COMMENT: There was no Council comment. DEPARTMENT HEAD REPORTS: There were no Department Head reports. AGENDA ITEMS: Mr. Bob Stein appeared before the Council explaining a toilet flapper invention. He explained 27% of water is used for flushing toilets. These are sold on television for $19.95 plus $7.95 for shipping and handling. They can cut a water bill by one third. Councilperson Fetz noted the Sustainable Jeffersonville committee has recommended this product. He hopes to make these available to sewer users. He will introduce a Resolution at the next meeting. Mr. John Seever of Umbaugh and Council Attorney Greg Clark explained the need for passage of Ordinance No. 2009-OR-43, An Ordinance Amending Portions Of Ordinance Nos. 2004-OR-46 And 2004-OR-63 Amending Sewer Rates And Sewer Tap Fees For The City Of Jeffersonville. Councilperson Samuel made the motion to pass Ordinance No. 2009-OR-43 on the first reading, second by Councilperson Zastawny, passing on a vote of 7-0. Mr. John Seever of Umbaugh and Council Attorney Greg Clark explained the need for passage of Ordinance No. 2009-OR-44, An Ordinance Of The City Of Jeffersonville Authorizing The Refunding By The City Of Jeffersonville Of Its Sewage Works Revenue Bonds, Series 1998, If Economically Advantageous, And Authorizing The Issuance Of Sewage Works Revenue Bonds For The Purpose Of Providing Funds To Pay The Cost Of Certain Additions, Extensions And Improvements To The Municipal Sewage Works Of Said City, Providing For The Safeguarding Of The Interests Of The Owners Of Said Bonds, Other Matters Connected Therewith, Including The Issuance Of Notes In Anticipation Of Bond, And Repealing Ordinance Inconsistent Herewith. Mayor Galligan noted this is precipitated by the consent decree, noting, "The more we fix the more we find". Councilperson Zastawny made the motion to pass Ordinance No. 2009- OR-44 on the first reading, second by Council President Sellers, passing on a vote of 7-0. Novemker 2, 2009 3 Councilperson Fetz made the motion to table Ordinance No. 2009-OR-36, An Ordinance Prohibiting Individuals That Are Required To Register Upon A "Sex Offender Registry Either In Indiana Or Any Other State From Entering Public Property Owned By The City Of Jeffersonville, second by Councilperson Samuel, passing on a vote of 7-0. Ordinance No. 2009-OR-45, An Ordinance changing The Classification Of The City Of Jeffersonville From Third Class To A Second Class City Pursuant To Indiana Code was introduced. Council President Sellers noted redistricting is being looked at. Councilperson Samuel made the motion to pass Ordinance No. 2009-OR-45 on the first reading with the changes discussed, second by Councilperson Zastawny. Councilperson Fetz is not 100% convinced the move is advantageous. Councilperson Grooms said most things are being done as a second-class City already. He does not see an advantage to homeowners and citizens. He does not see the need to move, as the financial advantages are no longer there. Council President Sellers feels the annexed area people need to be represented. She also feels the people each Councilperson represents would double. Councilperson Smith will vote against passage, as he is not convinced there are advantages. Councilperson Zastawny does feel there are some advantages. The motion to pass Ordinance No. 2009-OR-45 passed on a vote of 4-3. Councilpersons Smith, Fetz and Grooms voted against passage. City Attorney Darren Wilder reviewed Ordinance No. 2009-OR-40, An Ordinance Amending Ordinance 2007-OR-50, An Ordinance To Regulate The Use Of Legal Fireworks Within The City Of Jeffersonville, explaining this would be a tool for Police. Councilperson Fetz feels this may be overly imposing. Attorney Wilder explained the differences. The Ordinance mirrors State law. Councilperson Fetz said he has not received complaints. At the conclusion of all discussion, Councilperson Grooms made the motion to table Ordinance No. 2009-OR-40, second by Councilperson Zastawny. Councilperson Fetz asked Attorney Wilder to check the difference in State law. The motion to table passed on a vote of 7-0. Merit Board appointments are considered. Councilperson Grooms made the motion to appoint Jeff Fry to the Fire Merit Board, second by Councilperson Zastawny, passing on a vote of 7-0. Councilperson Samuel made the motion to appoint Conrad Moorer to the Police Merit Board, second by Councilperson Grooms. Councilperson November 2, 2009 4 Fetz made the motion to appoint Clay Smith to the Police Merit Board, second by Council President Sellers. Councilperson Grooms made the motion to close nominations, second by Councilperson Samuel, passing on a vote of 7-0. Councilperson Samuel serves as Police and Fire liaison and has talked to union members and Chief and noted Conrad Moorer is OK with them. Councilperson Smith is getting conflicting stories. Councilperson Grooms feels Conrad Moorer deserves to be appointed to complete the term he was unanimously appointed to. The vote to approve Conrad Moorer failed on the following roll call vote: Ayes: Councilpersons Samuel, Grooms, and Wilson. Nays: Councilpersons Sellers, Fetz, Zastawny, and Smith. The vote to approve the appointment of Clay Smith passed on the following roll call vote: Ayes: Councilpersons Grooms, Wilson, Sellers, Fetz, Zastawny, and Smith. Nays: Councilperson Samuel. CLERK TREASURER COMMENTS: There were no Clerk Treasurer comments. COMMITTEE REPORTS, COUNCIL AND MAYOR COMMENTS: Councilperson Samuel would like to make sure that the technology works for the next meeting. Councilperson Grooms says thank you to Mat Owen and the Police. He appreciates the support shown to Mr. Smith. With regard to second-class city status, Councilperson Grooms noted four on this Council are from previously annexed areas. Councilperson Fetz announced the Sustainable Jeffersonville Committee met last week and will meet again this week. The Committee is working on a "green summit" with Deb Ashack and Peggy Duffy in conjunction with IACT. The summit will look at where we are today -look at us in five years. Council President Sellers has talked with Safety Director Dominique Mongarello on an Ordinance regarding motorized wheelchairs in streets. Mayor Galligan would like to thank Sewer Board Members Orem and Saegesser with regard to the Sewer Ordinances. He noted Len Ashack does a great job. Talking about "green", Mayor Galligan has been told the engineers are not getting it yet. He I~iovem'~aer 2, 2009 5 reviewed his plan for the area behind Bales. The plan is for a detention basin, not a lagoon. Work is being done on 8t" and Ohio Streets. A lot of projects will be "green". Mr. Conrad Moorer thanked the Council for the opportunity to serve. He does appreciate the opportunity and said he has no hard feelings. As there was no further business to come before the Council, the meeting was adjourned at 8:40 P.M. r-, ~,C~1/ /,/ ~~~~ ER, CLERK AND TREASURER