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HomeMy WebLinkAbout01-19-2000COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA JANUARY 19, 2000 The Common Council of the City of Jeffersonville met in regular session in the Mayor's Conference Room in the City-County Building, Jeffersonville, Indiana, at 5:30 P.M. on the 19th day of 3~anuary, 2000. The meeting was called to order by Mayor Thomas R. Galligan, with Clerk and Treasurer Peggy Wilder at the desk. Mayor Galligan welcomed all in attendance, asking all those present to stand as Reverend Anderson gave the invocation. Mayor Galligan asked all those present to join him in the pledge of allegiance to the flag. The roll was called and those present were Councilpersons Les Merkley, Ron Ellis, Denny Frantz, Rob Walz, Barbara Wilson, Ron Grooms, and Vicki Conlin. Absent: None. Councilperson Merktey asked to add the third reading of Ordinance No. 00-OR-1 to the agenda. Councilperson Merkley made the motion to approve the agenda as amended, seconded by Council President Ellis, passing unanimously. Mayor Galligan presented the minutes of the meeting of Janumy 3, 2000 for consideration by the Council. Following one correction, Councilperson Conlin made the motion to approve the minutes as corrected, seconded by Councilperson Grooms and carried unanimously. Clerk and Treasurer Wilder presented the claim list for consideration by the Council. Councilperson Wilson made the motion to approve the claims as presented, seconded by Council President Ellis, passing unanimously. Public Comment followed: Ms. Kristine Lyons, 5024 King Road, Jeffersonville, urged the Council to pass the Ordinance Establishing Sanitary Board. She does not feel this is a political decision but a good business decision. Sewers are a big business. Mr. Charles K White, 1301 Blackwood Court, Jeffersonvitle, noted many of the accomplishments the Mayor has made, He feels public comment is necessary. January 19, 2000 Page 2 of 7 Mr. IX~nke Hutt, 2123 Highway 62, Jeffersonville, has been attending City Council meetings for I0 years. He saw Mayor Dale Orem work for progress with the Democrats fighting him, Mayor Raymond Parker showed no leadership, noting the progress gained under the leadership of Mayor Tom Galligan. The City is not bankrupt, there are no safety and street department vehicles, and sewer expansion is needed. The 1-265 Bridge will be build and the sewers will be needed. It will be cheaper now to put sewers in. He asks for a stop to the fighting and to show teamwork. Ms. Nellie Knowland said the public should be able to speak up at meetings. Mr. John Groan, Salem-Noble Road asked the sewer board be created and to consider the county plan. Mr. Dennis Julius, business owner, said the City is fommate to have a Mayor with sewer expertise. This Council is new. As an employer he could not imagine a new employee telling him what he is doing wrong. He cited the sewer problems in New Albany where there is a sewer board. Mr. Julius feels there may be an ulterior motive. Mr. Joe Lee, a City employee and business owner, asks what the hurry can be. He also feels there may be an ulterior motive. Mayor Galligan has made a lot of progress and shown leadership in his first four years. He asks the Council to continue discussion. The City has a "good thing going, why change?". Ms. Barbara Anderson currently resides on Assembly Road but is moving to downtown Jeffersonville. She feels the sewer board concept is happening too quickly. Mayor Galligan has done a good job getting financial support from the State. Aboard would slow down this type progress. Mayor Galligan already has an accountant and an engineer. The only area to grow is out Highway 62 and the Council should support his vision. She requests the Council slow down and look into a citizen committee to advise and make recommendations. She does not want to see friction. Ms. Anderson encourages all to come to the council meetings, and hopes the Council never will do away with the right to speak. Council President Ellis reviewed the Council appointments, naming those who hold the appointments, introducing those in attendance. He thanked all for attending. Council President Ellis made the motion to appoint Councilperson Denny Frantz to the solid Waste District Board, seconded by Councilperson Conlin, passing unanimously. January 19, 2000 Page 3 of 7 Council President Ellis made the motion to reappoint Robert Campbell and Nathan Samuels to the Department of Redevelopment Commission, seconded by Councilperson Conlin, passing unanimously. Council President Ellis made the motion to appoint Rob Waiz to the Plan Commission, seconded by councilperson Grooms, passing unanimously. Council President Ellis made the motion to continue Councilperson Vicky Conlin's appointment to the Southern Indiana Economic Development Commission until June 2000, seconded by Councilperson Wilson, passing unanimously. Council President Ellis made the motion to reappoint Vernon Osborne to serve as trustee to the Building Authority, seconded by Councilperson Merkley, passing unanimously. Council President Ellis made the motion to appoint Dr: Robert Butler and David Forsee to the Jeffersonville Ethics Commission, seconded by Councilperson Conlin, passing unanimously. The appointment of Andrew Williams to the Economic Development Commission does not expire until 2-1-01 as does the appointment of Mary Pat Boone to the Board of Zoning Appeals. Mayor Galligan thanked those appointees that attended the meeting. Attorney Anne Made Galligan introduced Ordinance No. 00-OR-3, An Ordinance Amending Certain Portions Of Section 1 Of Ordinance No. 99-OR-49, explaining these are technical corrections to the salary ordinance. Councilperson Conlin made the motion to suspend the rules for Ordinance No. 00-OR-3, seconded by Councilperson Grooms, failing on a vote of 6-1 with Councilperson Ellis voting in opposition. Councilperson Conlin then made the motion to pass Ordinance No. 00-OR-3 on the first and second readings, seconded by CouncJlperson Grooms, passing unanimously. Council President Ellis feels the Council did not pass the salary ordinance (1999) and would like to take the matter to workshop. Attorney CJailigan said the ordinance establishing a non-reverting fund for Jeffersonville City Court has been withdrawn for further study. Councilperson Merkley introduced and read aloud Ordinance No. 00-OR-4, An Ordinance Establishing Sanitary Board, explaining changes. The ability to establish a sanitary board is set up by state statute. Councilperson Merkley feels strongly for this ordinance. He thanked those that came to speak, apologizing for the size of the room. He also thanks Councilperson Grooms for his January 19, 2000 Page 4 of 7 bipartisan effort in cosponsoring this. If Jeffersonville was a second class city the board would be required by law, He believes this would be good for Jeffersonville as it would assure accountability, it would make good business sense, and it would help remove the recent politics over the development of sewers outside the City. This should not be considered as any attack on the current management of the sewer department. It does not give total control to the Mayor or the council. It does make sense the Council has input in the operation of the sewer department. Councilperson Merkley received several calls about this with the majority in support. Councilperson Merkley made the motion to pass Ordinance No. 00-OR-4 on the first and second readings, seconded by Councilperson Grooms. Councilperson Conlin had thought the effective date would be January 1, 2001 not July I, 2000. Councilperson Conlin presented a copy of a letter to the editor from the Evening News, asking it be made a part of the record of this meeting. Councilperson Grooms feels said the state statute was created as a consumer interest. Jeffersonville is fortunate to have a knowledgeable Mayor, this is not the issue. Councilperson Grooms has never criticized the Mayor and he never will. He would like to proceed. IfXhis council does not get on the train, they may not be able to help control. The intentions are good and he believes k is right. Councilperson Grooms was a member of the Department of Redevelopment where he saw the benefits of the sewer department. He does offer an amendment which he feel will bring the Mayor and the Council closer. It will also increase the accountability of the sewer board. It will show good faith on the Council to provide a vehicle that the City can continue to move forward. If Mayor Galligan, as chairman of this sewer board, has a tremendous idea, and being the salesperson he is, if that is a good idea that deserves to move forward and its in the best interest of Jeffersonville, he should have no problem persuading and convincing a public accountant or a engineer or someone of professional knowledge ora sewer plant that that is a good process to take. Councilperson Grooms does not see where that is a hindrance to the City of Jeffersonville. It does present a buffer. He is now on the spot and even more accountable. Councilperson Grooms offers this amendment; it is further ordained that the sewer board consist of the Mayor, two persons in addition to the Mayor, one person chosen by the City Council, and the third person selected by the Mayor and the Council appointee. That appointee by the Council will be a professional engineer and will be selected by the Mayor and the appointee of the City Council. He would like to change the next paragraph to read; the Common Council of the City January 19, 2000 Page 5 of 7 of Jeffersonville should attempt to appoint as the non-engineer member an individual experienced in public finance or an individual who is a certified public accountant. He does not feel this will be hard. Councilperson Grooms then made the motion to approve the proposed amendment. He would also like to include that the Common Council of the City of Jeffersonville be hereby entitled to one appointment to the Jeffersonville Board of Public Works and Safety, one member ora three member board consisting of one member of the Common Council, the Mayor of Jeffersonville, and one member appointed by the Mayor. That gives the Common Council than adequate input, and gives the people of the community maximum opportunity to be represented and have a voice which they can go to. Councilperson Grooms appreciates all who are here. Councilperson Merkley said he had discussed the proposed amendments with Councilperson Grooms and feels there are some legal problems. One concern is that the Council would be delegating a statutory authority given to the Council and delegating that to another body (the executive body). There is an Attorney General opinion. He does feel there are some legal ramifications that should be avoided. He also has a concern there is a committee of two to make a decision. He does believe that the more you deviate from the statute the more problems are created. Therefore he does not believe it prudent to amend the Ordinance. Attorney Galtigan stated Attorney General opinions do not have the force of law, but are only opinions, and does not issues opinions unless a very unusual issue. It is her opinion that the amendment would not cause legal problems in the future. Councilperson Conlin made the second to Councilperson Grooms motion to amend. Mayor Galligan reviewed the amendment. There being no further comment, the motion to amend Ordinance No. 00-OR-4 passed on the following roll call vote: Ayes: Councilperson Frantz, Waiz, Conlin, and Grooms. Nays: Councilpersons Merkley, Ellis, and Wilson. Mayor Galligan stated he is against Ordinance No. 00-OR-4, not because he does not want accountability, not because he does not want people informed, but when you are the Mayor, that is where the buck stops. It stops with IDEM, EPA, and with anybody that has anything to say about the environment. When trying to deal with those issues you can be reactive or pro active. He has chosen to be pro active. Past administrations have been reactive. One administration put it's neck on the line to build a multimillion dollar sewage treatment plant and if that had not happened, this Januau 19, 2000 Page 6 of 7 community would not be where it is at today. The current Board of Public Works is made up of the Mayor, Bob Goldman and Bob Miller. Bob Miller is the City Engineer and Bob Goldman works in the sewage department and has a tremendous history of what is going on. The goal is to make Jeff productive and keep it out of trouble with the environment to make it the best City around. Jeffhas the lowest rates around. In his opinion, "if it's not broke, don't fix it". It that is what is chosen to be done, he understands, but warns the more layers of bureaucracy that are Put on it will be tough. Mayor Galligan has an first class accountant full time. Nothing is done without "doing the numbers". Mayor Galligan was asked by the County Commissioners, in a public meeting, to run sewers outside the City limits to Bethany Road. He told the Commissioners he would do that. The Commissioners changed their mind after Mayor Galligan was "way down the road". It is not a political issue, it is an economic and community issue. The City is trying to give the best service to everybody because the environment means a lot. Mayor Galligan said he got elected to serve the people of Jeffersonville and he does it very earnestly. He would like this motion voted down, have it tabled and studied. If this Ordinance passes it does need to have the amendment. He is not afraid of accountability. Ordinance No. 00-OR-4, as amended, passed on the following roll call vote: Ayes: Councilpersons Merktey, Ellis, Frantz, Walz, Wilson, Contin, and Grooms. Nays: None. Councilperson Merkley explained his vote for the Ordinance but against the amendment. He does believe the sanitary board is important despite his reservations regarding the amendment. He still believes there is potential for problems from the legal standpoint. Council President Ellis said this will be takento workshop. It is hoped this Ordinance does not come back for the final reading until a City Council Attorney is hired. Mayor Galligan asked the final vote not be taken at the next meeting as he will be out of town. Council President Ellis agreed with this. Mayor Galligan thanked all for coming saying they are free to leave but welcoming all to wish to stay to remain. Councilperson Frantz made the motion to recess at 6:50 P.M., seconded by Councilperson Conlin, passing unanimously. Councilperson Merkley made the motion to reconvene at 7:00 P.M., seconded by Councilperson Grooms, passing unanimously. Clerk and Treasurer Wilder explained Resolution No. 00-R-8, A Resolution to Advertise For January 19, 2000 Page 7 of 7 An Additional Appropriation (General Fund). Following discussion, Councilperson Conlin made the motion to pass Resolution No. 00-R-8, seconded by Councilperson Merkley, passing unanimously. Attorney Anne Marie Galligan explained the Ethics Disclosure Form saying this is due by February 1, 2000. Clerk and Treasurer W'flder explained Resolution No. 00-R-9, A Resolution To Advertise For An Additional Appropriation (Sanitation)i This was discussed at workshop. Following discussion, Councilperson Merkley made the motion to pass Resolution No. 00-R-9, seconded by Councilperson Grooms, passing unanimously. Attorney Galligan said the approval for voluntary annexation in Utica has been withdrawn. Councilperson Groom introduced and read aloud Resolution No. 00-R-10, A Resolution Regarding Discussion, Debate And Public Comment At Council Meetings. Councilperson Grooms then made the motion to pass Resolution No. 00-R-10, seconded by Councilperson Merkley. Councilperson Grooms said there was some misunderstanding regarding comments following the last meeting. This is an attempt to put on record a policy for public comment. Resolution No. 00-R-10 passed unanimously. Council President Ellis introduced Ordinance No. 00-OR-l, An Ordinance Establishing Salary For Common Council Attorney, making the motion to pass Ordinance No. 00-OR-1 on the third and final reading, seconded by Councilperson Merkley, passing unanimously. Councilperson Ellis asked that Council comments be placed back on the agenda and to add approval of the agenda to the agenda. There being no further business to come before the Council, Councilperson Merkley made the motion to adjourn at 7:15 P.M., seconded by Councilperson Conlin, passing unanimously. ATTEST: O TP ASOt R PEC Y ~ultz'~ . Catie and Paul Ma~~'~ Ohio River Greenway Development Commission 315 8outhern Ind~_--a Avenue jeffersonville, Indiana 47130 (812) 282-6654 GREEN'WAY 2-07-2000 Mr. Ron Ellis CRy/County Building Jeffersonviile, Indiana 47130 L~s~-year the City of Jeffersonvllle jolne~ wm~ u~= ~-~,,, .... in their ~ of funding the Ohio River Greanway Deve~ment Commission, Each city it contributed $20,000 toward the administrative costs associated with this impo~ant project. elected officials need to be reminded that this is a is vital that this support continue and all economic asset for ali of us. significant undertaking whictl will be an recreational and This year, a final ~e,~ibtlity study has been submitted from the Coq) of Engineers to Washington which when approved will make the Greenway project authorized for funding by the Federal Gevemment. Congres~onal support haS been notable, with both Senator Lugar , - as a top priority for and Congressman Baron Hill'cooparating m presenting the Greenway funding in the 9th District. jeffersonville has benefited greatly from the work already accomplished and recently · of Transportation of grant approval which will received notification by the Indiana Department provide more than a million dollars for the Jeffersonville Riverfront. This money is autho~zed through the Ohio River Gmenway Development Commission, Also, $450,000 dollars has been permitted through the Build Indiana Funds from the State Indiana for Gmanway construction, The Governor and our Representatives at the State and Federal level have become strong Town Councils in the three communities have cooperated advocates for the project City and activities associated ~th the in providing money which has funded adrnir~ration for the development. Local organizations have committed to o~ganizing a fundraising effort aimed at providing private donations to compliment anticipated funds. Actual constru .c~on is slated to begin in Jeffersonvillo this year for the long awaited terraced lawn project which represents the first new piece of the Greanway. All.in-all, the Greenway project is building in anticipation and excitement- Therefore, would · order that the you conta~ the members of your council and the office of clerk-treasurer in annual request for funds of $20.000 be approved and submitted to the Gmenway Commission. I wa be available to assist with any questions and concerns at your request, Richard E. Dickman