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HomeMy WebLinkAbout04-05-1993COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA APRIL 5, 1993 The Common Council of the City of Jeffersonville met in regular session in Council Chambers in the City-County Building, Jeffersonville: Indiana: at 5:30 P.M. on the 5th day of April, 1993. The meeting was called to order by Mayor Raymond J. Parker Jr.~ with Clerk and Treasurer C. Richard Mayor Parker welcomed ali in attendance, stand as asked all flag. Spencer Jr., at the desk. asking all those present to Councilperson Steven Stemler gave the invocation. He then those present to ~oin him in the pledge of allegiance to the The roil was called and those present were Councilpersone Bill Wolpert, Andrew Williams III~ Donna M. Frantz, Peggy Knight Wilder, L. Marie Clapp, Robert L. Potter, and Steven R. Stemler. Absent: None. Mayor Parker explained he and the Council find it a great honor to present the highest award presented by the City of Jeffersonville~ in recognition of outstanding service to the Community. This is the Admiral of the Jeffersonville Navy award that will be bestowed upon the 1993 Indiana State Championship Basketball Team~ the Jeffersonville Running Red Devils, Coaches~ Managers~ School Administrtaion, and Cheerleaders~. Council President Potter introduced and spoke briefly about each one as Mayor Parker presented the award. A standing ovation was given and pictures were taken. Mayor Parker presented the minutes of the meeting of March 1993 for consideration by the Council. Council President Potter by 16, made the motion to approve the minutes as presented, seconded Councilperson Wolpert, and carried unanimously. Clerk and Treasurer Spencer presented the claim list for consideration as well as three additional claims, which he explained. Following all discussion~ Council President Potter made the motion to approve the claims as presented along with the additional, seconded by Councilperson Clapp and carried unanimously. Resolution No. 93-R-9~ A Resolution Of The Jeffersonville City Council Authorizing The Town Of Sellersburg To Annex Real PAGE 2 APRIL 5~ 1993 Property Lying Within Three Miles Of The Municipal (City) Limits Of The City Of Jeffersonville~ Indiana was introducted. Sellersburg Attorney William P. McCall explained the Resolution and answered questions. Council President Potter has talked with representatives from Sellersburg and Clarksville and found there is no problem with this annexation. Following all discussion~ Council President Potter made the motion to pass Resolution No. 93-R-9~ seconded by Sounci!person Williams and carried unanimously. Attorney Gillenwater introducted Ordinance No. 93-0R-18, An Ordinance Regulating Blasting Within The City Of Jeffersonville, Indiana (Draft ~3) explaining he has been contacted within the last week by contractors expressing concerns. He would like to meet with this group prior to final passage of this Ordinance. Mr. Tom Galligan, explained this Ordinance will create problems with a lot of contractors as it is not very workable in the form that it is now in. Mr. Ed Morris, Mack Construction issued oppossition as the Ordinance is not addressed to pipeline construction and this could involve 60 or ?0 property owners. Following explenations of other concerns he asked for the opportunity to work on & I Asphalt~ Construction Gillenwater. listing proposals. Council Ordinance No. 93-0R-12, seconded by carried unanimously. Ms. Joyce Hack contractors to spend one week at her Quarry. She feels her constitutional this. Other contractors representing K Gohman Asphalt, Cornell Harbison, and Dan Christiani voiced concerns and asked to meet with Attorney Liter's Quarry Attorney Cecile Bleu also voiced concerns President Potter made the motion to table Councilperson Williams and challenged the Council and home during blasting at the rights to happiness in her property are being violated. Ms. Gail Henderson does not believe that the concentrated blasting taking place in the Quarry can be compared to the blasting done by contractors. Councilperson Stemler requests this be mede a priority Gillenwater. Attorney Councilperson Wilder feels on the agenda as soon as possible. with the contractors~ Friday~ April 9~ issue~ offerin~ legal help to Attorney Gillenweter promises his attention. it is extremely important to get this back Attorney Gillenwater will meet 1993 at 10 A.M~ in the Mayor's PAGE 3 APRIL 5~ 1993 Council President Potter introduced Ordinance No. 93-0R-15~ An Ordinance Of Additional Appropriation~ (General Fund) for the third and final reading again explaining this does not provide for a raise but for the funding for the salaries as they have been for the last two years. Council President Potter made the motion to pass Ordinance No. 93-0R-15 for the third reading, seconded by Councilperson Clapp. Councilperson Wilder would like to make it clear this is a vote to put the money back in the budget and it is not a raise~ however this decision was not made by a small percentage of the Council, but was originally a unanimous decision. She hopes this is considered when the vote is taken. Public comment was asked for, following no No. 93-0R-15 passed on the following roll call vote: Nays: Ordinance 91-0R-44 and this will months of Ayes: Councilpersons Potter, Wolpert~ Williams, and Clapp. Councilpersons Frantz~ Wilder~ and Stemler. Mayor Parker introduced Ordinance No. 93-0R-21~ An Amending Certain Portions Of Section 1 Of Ordinance No. Ordinance No. 92-0R-48 (Sewage Department)~ explaining allow for Mr. Kavanaugh to receive a salary for the last six this year. Councilperson Wilder explained the vote would be for a position, not a person. Council President Potter then made the motion to pass Ordinance No. 93-0R-~1 on the third reading, seconded by Councilperson Clapp, passing on the following roll call vote: Ayes: Councilpersons Potter, Wolpert~ Williams~ Clapp~ and Stemler. Nays: Councilpersons~ Frantz~ and Wilder. Mayor Parker introduced An Ordinance Creating The Jeffersonville Government Ethics Commission (Draft 8), and An Ordinance Regulating Ethics And Conflicts Of Interest For City Officials And Employees (Draft 3), stating he is oppossed to these Ordinances in their present form as he feels there are numerous illegal parts as this is c~rrently regulated by State Law. He feels Attorney Gillenwater is qualified to work on an Ordinance of this nature and in considering civil liability at a later date advised the Council not to vote for the Ordinances in their present form. PAGE 4 APRIL 5, 1993 Councilperson Wilder does not feel there is a liability problem with the Ethics Ordinance~ however agrees there may be come problems with the Commission Ordinance. Councilperson Wilder's Attorney Anne Marie Sedwick, read from Indiana Code 36-1-3-1~ making numerous points. Indianapolis has required disclosure since 1998. There are not state statutes that cover municipilites in particular and the public deserves to know of gifts over $100.00. Following Attorney Sedwick's points~ Attorney Gillenwater reviewed the many areas that he feels uncomfortable with including two Ordinances as he feels they cannot be seperated. Following this lengthly Williams and Wolpert with the perception anyone here that is discussion Councilpersons Stemler~ expressed their concerns. The general concern is of guilt. Mayor Parker doesn't believe there is not for good government~ or a code of ethics~ he does believe we have gotten off on the wrong foot and questions why we have to go out of the realm, when we have a City Attorney. Reasons and correspondence regarding this situation were discussed. Attorney Anne Fowler~ admitting she has not read the Ordinances~ expressed concerns of the Prosecuter being asked to fill a position on the Commission along with other concerns, ending with the statement this if disclosure is good enough for judges~ it would be good enough for the City. Her hope is that the problems can be resolved and an agreement carl be made on some sort of an Ethics Ordinance. Mr. Rick VanGilder feels this Ordinance would take authority away from those elected to do so. Mr. Charles White~ a resident of the Meadows Subdivision asked why the Indianapolis Ordinance could not be used verbatim. Councilperson Wilder explained her Ordinance was "very much in line" with the Indianapolis Ordinance. She would like the opportunity to discuss this further in a workshop~ making the motion to pass Ordinance No. 93-0R-~ on the first reading only, seconded by Councilperson Frantz. Councilperson Wilder will work on this and combine the two Ordinances. Councilperson Williams explained this ie a "catch ~" situation and he ~ould welcome continued open discussion~ however he is not sure he can continue to support this as it does deal with perceptions. Council President Potter is not in f~vor of a commission. At the conclusion of all discussion, Ordinance No. 9B-OR-22 passed on the first reading on the following roll call vote: PAGE 5 APRIL 5, 1993 Ayes: Councilpersons Williams, Frantz~ Wilder, and Stemler. Nays: Councilpersons Potter, Wolpert~ and Clapp. Councilperson Frantz introduced Ordinance No. 93-0R-23, An Ordinance Amending The Procedure For Public Comment, reading this aloud. Councilperson Frantz made the motion to suspend the rules for Ordinance No. 93-0R-23~ seconded by Councilperson Williams. Attorney Gillenwater explained the need to weigh the potential for abuse against the benefit~ suggesting a policy to follow might be better. Mr. Clarence Keys feels comments should be asked for before the Council votes. Mr. Charles White asked questions that were answered. The vote to suspend was then carried unanimously. Councilperson Frantz then made the motion to pass Ordinance No. 93-OR-RB on all three readings, seconded by Councilperson Williams and carried unanimously. Attorney Gillenwater introduced a Statement of Benefits from Amatrol~ introducing Mr. Don Perkins who explained what the Company does~ what equipment it is adding~ and the new ~obs that will be created. These will be good quality jobs with pay above minimum. Council President Potter made the Benefits as presented by Amatrol, carried unanimously. motion to accept the Statement Of seconded by Councilperson Clapp and Attorney Gillenwater explained the City has ~38 parking meters that he would like to advertise for sealed bid, for one or for all. Following all questions and discussion~ Councilperson Wolpert made the motion to pass Resolution No. Authorizing Sale Of Surplus Parking Meters, Williams, and carried unanimously. 93-R-10, A Resolution seconded by Councilperson Councilperson Wilder introduced Ordinance No. 93-0R-24, Fair Housing Ordinance explaining this is in compliance with Federal Regulations and necessary for grant approval. Attorney Gillenwater contacted Department of Housing and Redevelopment Director Carroll Gownens following review of the Ordinance feeling this is covered by Federal and State laws. He feels the City may pass this, however if challenged~ Federal authorities should be called for enforcement. Councilperson Wilder then made the motion to suspend the rules for PAGE 6 APRIL 5, 199B Ordinance No. 93-OR-R4, seconded carried unanimously. Councilperson Ordinance No. 93-0R-84 on all Councilperson Frantz~ and carried unanimously. Councilperson Wilder introduced Resolution No. by Council President Potter and Wilder made the motion to pass three readings: seconded by 93-R-11~ A Resolution Of The Common Council Of The City Of Jeffersonville: Indiana: Authorizing The Submittal Of The Community Focus Fund Application To The Indiana Department Of Commerce and Addressing Related Matters. Following explanation~ Councilperson Wilder made the motion to pass Resolution No. 93-R-11~ seconded by Councilperson Frantz and carried unanimously. Mayor Parker introduced Ordinance No. 93-0R-25, An Ordinance In The Matter Of The Petition Of The Board Of Directors Of Clark Memorial Hospital To Vacate A Portion Of A Certain Street In The City Of Jeffersonville (Missouri Avenue): and Ordinance No. 93-0R-26~ An Ordinance In The Matter Of The Petition Of The Board Of Directors Of Clark Memorial Hospital To Vacate A Portion Of A Certain Street And Alleys In The City of Jeffersonville <Akers Avenue being at the south end therof and said alleys being between Akers Avenue and 1Bth Street): explaining this has been advertised as a public hearing. Mr. Bill Smith~ Attorney for Clark Memorial Hospital and Mr. Jack Waldrip explained the need for these vacations and answered questions. This has been approved by the Board of Public Works and Safety. The Hospital does agree to pay they are ever build over. A Hospital will be financially the expense of relocating the sewers if letter of documentation stating that the responsible for the sewer relocation will be sent. Following all discussion, Council President Potter made the motion to suspend the rules for Ordinance No. No. 93-0R-26: seconded by Councilperson 93-OR-B5 and Ordinance Wolpert and carried unanimously. Council President Potter then Ordinance No. 93-0R-~5 and Ordinance No. Councilperson Wolpert: passing unanimously. Council President Potter asked the paying for the chipper~ suggesting Cumulative Capital Development Fund. made the motion to pass 93-0R-86~ seconded by Council to think about the $14~080.00 be taken from the PAGE ? APRIL 5, i993 Mayor Parker invited the Council, on behalf of Mr. Perkins of Amatrol~ to tour the plant. Mayor Parker then asked Park Superintendent Caldwell to approach the Council on their intent of the use of the float. Superintendent Caldwell has asked the Council for input as the float is in disrepair as it is being stored outside. There is a need for a stage and this float could be used as a float and a stage, however funding is necessary as well as a place to store it inside. Following all comments and opinions, Superintendent Caldwell was asked to get the figures together for the Council. Councilperson Williams requests a workshop to be held April 17~ 1993 at 9:30 A.M. in the Mayor's Conference Room. Councilperson Stemler is looking forward to the workshop. He has done a lot of thinking on the ethics Ordinance as to what he was elected to do and rededication to his position. He would like to remind all that on January 1, 199B~ hamds were placed on the Bible and an oath given to God to uphold the Constitution to the best of their ability. This did mean a lot and he urges this not be forgotten. Councilperson Stemler asked all to keep families in mind due the number of unfortuante deaths recently in our community. Council President Potter has received seven letters from residents on Agusta Drive regarding the approval of the third section of Elk Point Subdivision. He asks Councilperson Wilder to carry these concerns to the Planning and Zoning Board. Councilperson Wilder appreciates these concerns and requests these concerns be addressed to ali members of the Board. Clerk and Treasurer Spencer explained the Cumulative Capital Development Fund does need to be reestablished this year. He requests permission to publish this for a public hearing in May. Councilperson Williams made the motion to publish the hearing request for the reestablishment of the Cumulative Capital Development Funds seconded by Councilperson Clapp and carried unanimously. Council President Councilpersons submit the paving Ms. Joyce Hack, 1BI~ Council to take into account the of Potter requests the requests as soon as possible. Whitehorse Vale~ made a plea personal rights of those in the Quarry when considering the Blasting Ordinance. district to the the area PAGE 8 APRIL 5~ 199S There being no further business to come before the Council~ Council President Potter moved to adjourn at 8:35 o'clock seconded by Councilperson Stemler and unanimously carried. ~OND J. PAIRS{ER JR ATTEST: