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
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