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
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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
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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.
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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.
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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
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