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HomeMy WebLinkAboutDecember 19, 2011 • COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA DECEMBER 19, 2011 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana, at 6:30 P.M. on Monday December 19, 2011. Mayor Tom Galligan, with Deputy Clerk Treasurer Barbara Hollis at the desk, called the mccting to order at 6:35 P.M. Also present were City Attorney Darren Wilder and City Council Attorney Mickey Weber. Mayor Galligan welcomed all in attendance, asking all those present to stand as Conrad Moorer gave the invocation. Mayor Gal ligan then led all those present 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, Wayne Carter and Nathan Samuel. • Absent: None. Councilperson Fetz made the motion to approve the agenda with the removal of New Business #3, replacing it with a Resolution for an Additional Appropriation, second by Councilperson Zastawny, 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 5, 2011 (6:30 P.M.) as presented, second by Councilperson Carter, passing on a vote of 7 -0. Deputy Clerk Hollis presented the claim lists for consideration by the Council, Following discussion, Councilperson Samuel made the motion to approve the civil city claim list in the amount of $773,048.40, second by Councilperson Fetz, passing on a vote of 7 -0. Councilperson Samuel made the motion to approve the TIF claim list in the amount of $480,160.24, second by Councilperson Wilson, passing on a vote of 7 -0. Councilperson Samuel made the motion to approve the TIF claim list in the amount of $3,261,704.09, second by Councilperson Carter, passing on a vote of 7 -0. Councilperson Samuel made the motion to approve the TIP claim list in the amount of $489,463.09, • second by Councilperson Carter, passing on a vote of 7-0. Councilperson Samuel made December 19, 2011 2 • the motion to approve the TIF claim list in the amount of $64,383.97, second by Councilperson Carter, passing on a vote of 7 -0. Councilperson Samuel made the motion to preapprove the Park claims in the amount of $63,679.77, second by Councilpetson Wilson, passing on a vote of 7 -0. Councilperson Samuel made the motion to approve the TIF claim list in the amount of $1,535,019, second by Councilperson Wilson, passing on a vote of 7 -0. PUBLIC COMMENT: Mr. Josh Rodriquez, a resident of Terraces Of Park Place, expressed his concern for allowing door to door sales as his concern is for break -ins. Attorney Wilder said it is hard to prohibit, but they can be regulated. Mayor Galligan agrees there is a problem. Mr. Ed Hack, 2410 Logan Lane expressed his appreciation for this administration, and wishes good luck to the new. He has concerns with the Canal that the Mayor has started. He would like to poll the Council on their reason for supporting the Canal. Mr. Hack was informed this is public comment time and the Council may comment if they wish during Council comment time. • Dr. Gabe Spruch, 221 West Court Avenue, noted the citizens voted the current Mayor out, which he thought was going to stop the canal. He has received a notice from the Court for eminent domain to take his property. The vast majority of the people do not know that the project continues. Mayor Galligan said the canal was not the only thing on the ballot. It the canal is looked at in detail it is the cheapest solution to the problem. Most people don't understand, the issue has to be dealt with. Mayor Galligan said Dr. Spruch does not have all the information. Dr. Spruch said the numbers have been "cooked ". Mayor Galligan noted that is Dr. Spruch's opinion and it is not the truth. Attorney Alan Applegate asked that Ordinance No. 2011 -OR -73 be tabled. On behalf of his clients and himself, there are concerns and questions. Councilperson Fetz suggest Ordinance No. 2011 -OR -72 be tabled tonight and voted on at the December 28, 2011 meeting. COUNCIL COMMENT: There was no Council comment. DEPARTMENT HEAD REPORTS: • There were no Department Head reports. December 19, 2011 3 • AGENDA ITEMS: Human Resource Director Kim Calabro explained page 45, section III of Ordinance No. 2011- OR -72, City Of Jeffersonville Employee Benefits Section, should have "up to 45 days" deleted in the last sentence. Following discussion, Councilperson Samuel made the motion to amend the Ordinance No. 2011 -OR -72 to be effective January 1, 201$ at noon, second by Councilperson Zastawny, passing on a vote of 7-0. Councilperson Samuel thcn made the motion to pass Ordinance No. 2011 -OR -72 as amended on the third reading, second by Council President Smith, passing on a vote of 7- 0. Councilperson Fetz made the motion to table Ordinance No. 2011- OR -73, An Ordinance Repealing Ordinances And Establishing Sewer Rates And Sewer Capacity Fees, second by Council President Smith, passing on a vote of 7 -0. City Attorney Darren Wilder explained the changes made to Ordinance No. 2011 - OR-65, An Ordinance Amending 2010 -OR -18 And 2011 -OR -3 Regulating Taxicab Service And Taxicab Drivers In The City Of Jeffersonville. Councilperson Fetz made the • motion to pass Ordinance No. 2011 -OR -65 on the Third reading, second by Councilperson Sellers, passing on a vote of 7 -0. Councilperson Fetz made the motion to pass Ordinance No. 2011- OR -70, Transient Merchants And Door To Door Solicitation on the third reading, second by Couneilperson Sellers, passing on a vote of 7 -0. Councilperson Fetz made the motion to pass Ordinance No. 2011- OR -71, An Ordinance Establishing Pension Benefits For A Firefighter's Surviving Spouse Who Is A Member Of The 1937 Firefighter's Pension Fund on the third reading, second by Councilperson Zastawny, passing on a vote of 7 -0. Attorney Wilder explained the area pertaining to Ordinance No. 2011- OR -75, An Ordinance Regulating Transient Merchants/Vendors During Thunder Over Louisville. Council President Smith noted all vendors must have current fire extinguishers. Councilperson Zastawny made the motion to pass Ordinance No. 2011 -OR -75 on the first and second readings, second by Councilperson Carter, passing on a vote of 7 -0. Attomey Wilder explained Ordinance No. 2011- OR -76, An Ordinance Creating • An Advisory Drainage Board. Councilperson Carter made the motion to suspend the December 19, 2011 4 • rules for Ordinance No. 2011- OR -76, second by Councilperson Fetz, passing on a vote of 7 -0. Councilperson Carter then madc thc motion to pass Ordinance No. 2011 -OR -76 on all three readings, second by Councilperson Fetz, passing on a vote of 7 -0. Councilperson Zastawny has heard comments regarding the number of members on the Board and he said the Board has worked well with seven members and they feel it will work well with 9. Resolution No. 2011 -R-49, A Resolution Of The City Of Jeffersonville Common Council Allowing The Controller For the City Of Jeffersonville To Access All Financial Accounts Belonging To The Civil City Of Jeffersonville was presented and explained. Councilperson Samuel made the motion to pass Resolution No. 2011 -R-49, second by Council President Smith, passing on a vote of 7 -0. Advisor Harmon explained the need for passage of Resolution No. 2011 -R -50, An Ordinance Of Additional Appropriation (EDIT- Hospitalization). Councilperson Zastawny stated this is a General Fund expense and he intends to work to reimburse the EDIT budget in 2012. Councilperson Fetz made thc motion to pass Resolution No. • 2011 -R -50, second by Councilperson Sellers, passing on a vote of 7 -0. City Clerk Elect Vicki Conlin and her Attomey Steve Voelker, appeared before the Council to express concerns for the 2012 City Clerk budget and duties. They feel the budget does not provide funding for statutory duties, the salary for the Clerk is inadequate, with not enough space being provided. Councilperson Carter stated the Council does not have authority to designate space. Council President Smith said Council Attorney Weber is looking into the duties having to do with City Court. Ms. Conlin noted she is personally paying to have legal representation. This item was recessed to allow the Attorneys to talk. Ms. Pam Bischoff of River Hills EDC, gave an update on the status of IHCDA 2011 -SF -086. Ms. Bischoff stated she hopes to have a response the first week of January. Councilperson Samuel explained the grant. Ordinance No. 2011- OR -74, An Ordinance Transferring Certain Funds Within Same Department (General Fund -Clerk Treasurer) was discussed. Councilperson Fetz made the motion to pass Ordinance No. 2011- OR -74, second by Councilperson • Zastawny, failing on the following roll call vote: December 19, 2011 5 • Ayes: Councilpersons Fetz, Zastawny, and Smith. Nays: Councilpersons Samuel, Carter, Wilson, and Sellers. Councilperson Sellers explained the need for passage of Ordinance No. 2011 -OR- 77, An Ordinance Rezoning 4.6 Acres From C1: Small To Medium Scale General Commercial To RI: Low Density Residential (5412 Highway 62). Councilperson Samuel made the motion to pass Ordinance No. 2011- OR -77, second by Councilperson Carter, passing on a vote of 7 -0. Councilperson Samuel made the motion to pass Ordinance No. 2011- OR -78, An Ordinance Rezoning 0.5 Acres From R3: Old City Residential To IS: Institutional Uses (4905 New Chapel Road), second by Councilperson Carter, passing on a vote of 7 -0. Councilperson Fetz introduced Resolution No. 2011 -R -51, A Resolution Providing Financial Support For One Southern Indiana, as One Southern Indiana has reversed their policy of endorsing local political candidates. Councilperson Fete. made the motion to pass Resolution No. 2011 -R -51, second by Councilperson Wilson. Council President Smith does support this Resolution. He would like to have a breakdown of the • spending. Mr. Jody Wasmer, CEO of One Southern Indiana was introduced. Mr. Wasmer said he is happy to be here and expressed appreciation for the fine support. He intends to give a report every six months. Mayor Galligan said that Matt Hall has been very instrumental. The motion to pass Resolution No. 2011 -R -51, passed on a vote of 7- 0. Attomcy Voelker after conferring with Attorney Weber, said that it is hoped that all issues will be resolved by January 28, 2012. He will have a proposed budget ready by Friday. Council President Smith promised a review of the salary issue within six months, noting this is the first year of being a second class City. COMMITTEE REPORTS, COUNCIL AND MAYOR COMMENTS: Councilperson Zastawny asked if the benches will be taken up before the end of the year. Mayor Galligan said everything that is in the right of way will be taken up. Councilperson Fetz said there have been ups and downs during the last eight years. He appreciates working with Mayor Galligan. A lot of good things have been accomplished. He feels the City is being turned over to good hands. There will be a lot • of challenges. There is a lot of opportunity to get things done. December 19, 2011 6 • Councilperson Sellers said it has been a pleasure working with Mayor Galligan the last four years. Councilperson Wilson said she hates to be leaving. It has been a great 19 years. She wishes all a Merry Christmas and a Happy New Year. Councilperson Carter advised people to pay attention to where things come from that they are told. It does matter who said it. This is the only way to stop rumors. This has been a very pleasurable experience. He has enjoyed the willingness to discuss matters. What is coming up is exciting. Next year the Republicans will have a majority on the Council and he hopes the spirit of willingness to discuss continues. Councilperson Samuel said that Mr. Ed Hack has asked about the canal during public comment. His response is that the City is under a mandate to comply with the consent decree. Following review, he feels the canal makes sense and is cheaper. Councilperson Samuel said he will be out of town for the December 28, 2011 meeting. He then stated that 10 Street looks great. It has been a pleasure to work with Councilpersons Fetz, Wilson, and Carter and he appreciates working with Mayor • Galligan. Council President Smith said he feels the same about the canal as Councilperson Samuel. The ice skating rink has been very successful. He has asked how long the contract is as he hopes the City may be able to extend it for January and February. Mayor Galligan feels the same as Councilperson Carter about working together. At IACT, there is no designation between Democrats and Republicans, and he has experienced the same with this Council. It has been all about the City. This Council has been a joy to work with. This has not been a "rubber stamp" Council. They have been shown the facts and have dealt with the facts, and it has been very successful. Mayor Galligan praised Economic Development Clarence Hulse for the job he did. He hates to see him go. He brought the community together. That is what it is all about. He commends this Council. Each vote was independent. He will miss them. Working together needs to continue. He wishes all well. The ice skating rink was a good idea. It is the type of thing that makes this community a community. He comments Sam Schutz for her work. It has been a great Christmas season in downtown Jeff. • December 19, 2011 7 • As there was no further business to come before the Council, the meeting was adjourned at 7:55 P.M. / PRESIDING OFFICER T ST: 7/444. IL-09/ 1140 VICKI CONLIN, CLERK • •