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HomeMy WebLinkAboutDecember 27, 2012 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA December 27 2012 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 12:OOP.M., on Monday, December 27 2012. Council President Ed Zastawny, with Vicki Conlin, City Clerk, called the meeting to order at 7:00 P.M. Council President Ed Zastawny welcomed all in attendance, asking those in attendance to stand as Bobby Campbell gave the invocation. Council President Zastawny then led all those present in the Pledge of Allegiance to the Flag. The roll call and those present were: Councilperson Payne, Councilperson Gill, Councilperson Glover, Councilperson Julius, Councilperson President Zastawny, Councilperson Samuel, Council Vice - President Sellers, and Councilperson Owen. Absent was: Councilperson Smith. APPROVAL OF THE AGENDA: Councilperson Gill made a motion to APPROVE the agenda as presented, with Councilperson Owen seconding, PASSING on a vote of 8 -0. MINUTES TO BE APPROVED: Councilperson Owen made a motion to APPROVE the minutes from the December 17 2012 meeting, seconded by Councilperson Payne, PASSING on a vote of 8 -0. CLAIMS TO BE APPROVED: General Claims: Ms. Deering presented the general claims list with a hand carried claim from Jacobi, Tooms, and Lanz bringing the total claims list to the amount of $137,874.24. Councilperson Owen made a motion to APPROVE the claims list in the amount of $137,874.24, with Councilperson Gill seconding, PASSING on a vote of 8 -0. MAYOR REPORT: None at this time REPORT OF THE CLERK: None at this time DEPARTMENT HEAD REPORTS: None at this time A. UNFINISHED BUSINESS: 1. Tom Lowe — 2012 -R- 24 Common Council City of Jeffersonville, Indiana Regarding the Amendment of the Inner City Road Economic Development Plan: City Council Attorney Scott Lewis presented 2012 -R -24 to the council for approval stating that he worked with Buddy Downs to change some of the language in the resolution. Mr. Lewis stated the only changes were language that solved any ambiguity regarding the 2012 Plan and what the clear definition of that is. Mr. Lewis stated the resolution does now define that plan as to include the Police Station and the Stormwater Conveyance System. Councilperson Glover 1 made a motion to APPROVE 2012 -R -24 with Councilperson Payne seconding, PASSING on a vote of 8 -0. 2. Tom Lowe — 2012 -R- 25 A Resolution Regarding the Amendment of Falls Landing Redevelopment Plan and Clarifying Pledge: Mr. Lewis stated that the same type of language changes that were done to 2012 -R -24, were also added in this resolution as well stating that it clears up some of the ambiguity behind the term 2012 Plan. Mr. Lewis stated that Indiana State Statue states that any amendments or establishing of plans must go before the plan commission as well as the City Council. There will be separate bond ordinances to come before the council in the future if the resolution is passed. Councilperson Julius made a motion to APPROVE 2012 -R -25 with Councilperson Sellers seconding, PASSING on a vote of 8 -0. 3. Amy Deering- 2012 -OR -69 An Ordinance Fixing the Salary of Elected Officials of the City of Jeffersonville, Clark County, Indiana, Commencing January 1, 2013: Mrs. Deering presented 2012 -OR -69 to the council with no changes made for a third and final reading. Councilperson Samuel made a motion to APPROVE 2012 -OR -69 on a third and final reading, with Councilperson Sellers seconding, PASSING on a vote of 8 -0. 4. Amy Deering — 2012 -OR -63 An Ordinance Establishing the Parks Activities Non - Reverting Fund for the City of Jeffersonville: Ms. Deering presented 2012 -OR -63 for a third and final reading stating that the only change has been some language. Mr. Merkley stated that the changes were per Mr. Lewis' request so that it does not state in the ordinance that any ordinances are being repealed. Council President Zastawny made the comment that he understand the purposes of consolidating to one fund, but from a management point of view he has some concerns. Ms. Deering stated that each department will still be listed by department code and a detail print out can show this as well as a fund report. Councilperson Own made a motion to APPROVE 2012 -OR -63 on a third and final reading with the change of the word Police Non Reverting Fund in paragraph 8 to Parks Activities Non Reverting Fund, with Councilperson Sellers seconding, PASSING on a vote of 6 -0 with Council President Zastawny and Councilperson Gill voting Nay. B. NEW BUSINESS 1. Scott Lewis — 2012 -R- 26 An Resolution Establishing and Affirming the Duties of the City Clerk as Clerk of the Jeffersonville City Court : Mr. Lewis presented 2012 -R -26 stating that it was originally tabled a few weeks ago and now has a few revisions to include the SBOA opinion confirming the City Clerk shall serve as Clerk of the City Court and stating the Council is complying with that opinion. Councilperson Samuel stated that in a meeting 2 weeks ago with four members and lawyers, Judge Pierce, and Mrs. Conlin, there was an agreement met and although certain circumstances have taken place since then, he does not believe that has blown up that resolution from that meeting. Council President Zastawny stated he is in agreement with Councilperson Samuel and that he feels this is going against the agreement that we met in the meeting. Councilperson Samuel made a motion to TABLE the 2012 -R -26 and Council President Zastawny seconded, FAILING on a vote of 2 -6 with the roll call vote as follows: Aye Nay Councilperson Payne Nay Council Vice President Sellers Nay Councilperson Gill Nay Councilperson Glover Nay Council President Zastawny aye 2 Councilperson Julius Nay Councilperson Owen Nay Councilperson Samuel aye Motion to TABLE FAILS for lack of votes 2 -6. Councilperson Glover expressed his opinion stating that he feels this is the appropriate step for the council to cover themselves with SBOA since the opinion came back. Mr. Lewis agreed stating that SBOA opinion is very dear and his belief is the council should acknowledge and comply with the opinion to avoid any write up. Councilperson Sellers stated she has Mr. Lowe research 8 other second class cities and all 8 have the duties outline in this resolution so this is not an unheard of practice. Councilperson Glover stated he felt it was time for the Council to take action to put this to rest and move forward. Councilperson Owen made a motion to APPROVE 2012 -R -26 with Councilperson Payne seconding the motion. Council President Zastawny welcomed Judge Pierce to the floor to speak on this matter before a roll call vote. Judge Pierce came before the council requesting the resolution regarding City Court be tabled. Judge Pierce stated there are some similarities from the last time before the council and he doesn't think the bank account issue was in the last resolution or ordinance that was brought before the council. Judge Pierce stated that the SBOA accounts opinion states the Probation Officers are to collect the user fees. Judge Pierce also quoted Charlie Pride from a newspaper article where he stated that their recommendation would be the court would decide the collection of the probation user fees. Judge Pierce stated that he was confused on the concern with the bank account issue and including it in the resolution. Judge Pierce stated that the agreement in his eyes is still an agreement. Judge Pierce stated he felt there was a breach of trust and that he has taken the steps to honor the agreement through contacted an architect. Judge Pierce stated he is taking steps to further and honor the agreement. Council President Zastawny asked Judge Pierce if there was something in particular he would like to see changed in the proposed resolution. Judg e Pierce stated that he did not believe the council has authority to say who collects PUF. Councilperson Owen asked Judge Pierce if the resolution passed if he intends to comply with it. Judge Pierce stated he would have to check with SBOA. Judge Pierce stated he did not understand the issue with the bank accounts. Judge Pierce stated the employees were not addressed in the resolution and that confuses him. Judge Pierce stated he is going to follow state statue and what he believes state statue tells him to do. Judge Pierce stated that Jan 1 2013 the court office will be cleared out and asked for this to be tabled for 2 -3 weeks. Aye Nay Councilperson Payne aye Council Vice President Sellers aye Councilperson Gill aye Councilperson Glover aye Council President Zastawny nay Councilperson Julius aye Councilperson Owen aye Councilperson Samuel nay The motion PASSES 2012 -R -26 on a vote of 6 -2. 3 2. Scott Lewis - 2012 -R- 27 A Resolution Providing Office Space to the City Clerk as Clerk of the Jeffersonville City Court: Mr. Lewis brought 2012 -R -27 before the council to address the space for the City Clerk as the Clerk of the Court with the added clause regarding the SBOA opinion and assigns and designates room 110 to City Clerk in addition to the previous space designated. Mr. Lewis stated that Indiana State Statue states the City Council shall provide office space. Councilperson Samuel stated the council also has a duty to provide space for the Judge. Mr. Lowe stated that the original resolution has the space on the first floor by dispatch for the Judge. Councilperson Sellers stated it needs to be a shared space. Councilperson Samuel made a motion to TABLE 2012 -R -27 with Council President Zastawny seconding. The roll call vote was as follows: Aye Nay Councilperson Payne Nay Council Vice President Sellers Nay Councilperson Gill Nay Council President Zastawny aye Councilperson Julius Nay Counciiperson Owen Nay Counciiperson Samuel aye The Motion to TABLE FAILS on a vote of 2 -5. Judge Pierce stated that the original plan was to cut the chambers off and the probation fees to be collected in the extra space by Police Dispatch. Judge Pierce stated that a shared space language in the resolution would work as well. City Clerk Vicki Conlin stated that at no time had she seen any plans or been involved in the remodeling and she requested that the office space is shared and keep the probation officers in there and the room in the back be for the Judge and his reporter. Counciiperson Owen made a motion to APPROVE 2012 -R -27 with the change in language to adding the words "excluding the offices held by the probation officers and the Court Bailiff /Reporter." Councilperson Gill asked if this can later be amended and Mr. Lewis stated absolutely. Jude Pierce stated he disagrees with the motion because it brings money into an area with two different offices. Counciiperson Julius seconded the motion. Aye Nay Counciiperson Payne aye Council Vice President Sellers aye Counciiperson Gill aye Counciiperson Glover aye Council President Zastawny nay Counciiperson Julius aye Counciiperson Owen aye Counciiperson Samuel nay The motion PASSES 2012 -R -27 on a vote of 6 -2. 3. Tom Lowe — 2012 -R -28 A Resolution of the Common Council of the City of Jeffersonville Approving the Issuance of Bonds by the Jeffersonville - Clarksville Flood Control District : Mr. Merkley stated that by State Statue this must go before the Council as well as the Clarksville town board before Flood Control can issue bonds. This is not committing the city to pay the bond. Mr. Merkley stated that this is to issue bonds not to exceed 7.5 million and Clarksville has already passed their part of this resolution. Those people that live in the flood district will see an increase in taxes and that was why the mayor was not in support of this. 4 Councilperson Julius made a motion to TABLE until further comment can be received from Mayor Moore. Councilperson Samuel seconded, PASSING on a vote of 8 -0. C. REPORTS AND COMMENTS: 1. PUBLIC COMMENT No Public Comment 2. COUNCIL COMMENTS Councilperson Smith: none Councilperson Payne: none Council Vice President Sellers: none Councilperson Gill: none Councilperson Glover: Council President Zastawny: none Councilperson Julius: none Councilperson Owen: none Councilperson Samuel: none ADJOURNMENT: Councilperson Samuel made the motion to ADJOURN, seconded by Councilperson Gill, passing unanimously. Meeting ADJOURNED at 1:15 P.M. APPR S1 ' BY Edward Zastawny, Pr: ident ATTESTED BY: La. Vicki Conlin, City Clerk 4 4 5