HomeMy WebLinkAbout06-08-1993COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
JUNE 8, 1993
The Common Council of the City of Jeffersonville met in
regular session in Council Chambers in the City-County Building~
Jeffersonville~ Indiana, at 7:30 P.M. on the 8th day of June~ 1993.
The meeting was called to order by Mayor Raymond J. Parker
Jr., with Clerk and Treasurer C. Richard Spencer Jr, at the desk.
Mayor Parker welcomed all in attendances asking all those present to
stand as Councilperson Steven Stemler gave the invocation. He then
asked all those present to ~oin him in the pledge of allegiance to the
flag.
The roll was called and those present were Councilpersons
Bill Wolpert, Andrew Williams III, Donna M. Frantz, Peggy Knight
Wilder, Barbara LJ Wilson~ Robert L. Potter, and Steven R. Stemler.
Absent: None.
Mayor Parker introduced and welcomed newly appointed
Councilperson Barbara Wilson.
Mayor Parker presented the minutes of the meeting of May 17,
1993 'For consideration by the Council. Council President Potter made
the motion to approve the minutes as presented, seconded by
Councilperson Williams, and carried unanimously.
Clerk and Treasurer Spencer presented the claim list with
three additional claims for consideration by the Council. Following
all discussion, Council President Potter made the motion to approve
the claims as presented, seconded by Councilperson Wolpert and carried
unanimously.
City Attorney Gillenwater introduced County Surveyor Isgrigg
who presented a petition to vacate an easement on behalf of Elk Pointe
Developers. This has been presented to the Board of Public Works and
Safety. Attorney Chuck Murphy explained one half the easement wiii be
vacated. Following all questions and discussion~ Council President
Potter made the motion to grant the easement, seconded by
Councilperson Wilder and carried unanimously. The petition to vacate
an easement on behalf of A1Schmitt will be considered at the next
meeting following corrections made in the description.
PAGE 2
JUNE 87 1993
Councilperson Wilder introduced Ordinance No. 9B-OR-2R, An
Ordinance Regulating Ethics And Conflicts Of Interest For City
Officials And Employees (Final Draft) reviewing the changes that have
been made. Councilperson Wilder stated this Ordinance has been on the
agenda for eight weeks expecting it to be embraced unanimously as this
would be an opportunity to send a message to the taxpayers of this
community that the Council cherishes the positions they hold. She
then called attention to recent political firings~ inditements, etc.
Councilpersons chose to run for their positions and should be bound by
more stringent rules. This Ordinance has drawn criticism~ some of
which has been justifable~ which she has appreciated. She thanks all
for their input. Councilperson Wilder has compromised, however she is
unwilling to sacrifice the intent and purpose of the Ordinance. The
Ordinance has been endorsed by the Courier Journal and The Evening
News as well as other groups and countless citizens. Councilperson
Wilder asks and challenges the Council to vote with her tonight to
show they are willing to raise themselves up to a level of scrutiny.
Council President Potter asked Attorney Gillenwater if he feels the
revised form is legal. Attorney Gillenwater, stating he had just
received a copy and had not had a chance to review it entirely feels
most of his concerns have been addressed. The only area of concern at
this point is the section on who the Mayor can and cannot hire. He
does commend Council~erson Wilder on her willingness to make the
changes. Attorney Gillenwater has also received another opinion on
this. Council President Potter, calling attention to the statement
made by Councilperson Wilder regarding recent inditements, stated this
does show that laws are on the books and the justice system is
working. He asks that the Council be given the time to read and
review this revised Ordinance. Councilperson Wilder feels this has
gone on long enough and she has reviewed~ with the Council~ the
changes. Firefighter John Palmer expressed concern for an area of the
Ordinance regarding the supervision of family members as he would like
to see this stricken. Mr. Terry Nomeister, as a citizen~ has lost
trust in all levels of government and he applauds this Council for
publicly addressing these areas. He has read both Councilperson
Wilder's and Council President Potter's proposals. He wishes Council
PAGE 3
JUNE 8, 1993
President Potter's would be enough~ however he also wishes he did not
have to lock the doors at night. He begs the Council to pass
Councilperson Wilder's Ordinance so that he can tell all young people
it is not who you know~ but what you know if you want a job with the
City. Arson Inspector Randy Leverett stated he is for good government
and appreciates the comments. He does question why the employees have
to be brought into this as he feels it will hold employees back from
advancing. Mr. Leverett feels the Council has enough to do on the
legislative side without getting into personnel. Councilperson Wilder
explained this will only affect those employees that are receiving
gifts of over $200. Mr. Kyle Williams feels that the "appearance of
impropriety" should be looked at as positive rather than negative and
look at the disclosure as a defense. Mr. Charlie White feels the
passing of this Ordinance would prove credibility and improve the
image of Jeffersonville. Attorney Anne Sedwick stated this Ordinance
addresses things that are not crimes but those things that cause the
appearance of impropriety. Ms. Sedwick further explained only those
employees that act as purchasing agents and receive gifts of $100 or
more from an entity doing business with this City would be affected.
She also explained that the supervision of family members applied to
direct supervision and not general supervision. Mr. Donnie Griffin~
an employee of the Wastewater Treatment Plant asked what this will
cost the taxypayer. Councilperson Wilder explained these will be
volunteers. Mr. Mike Ewton questioned gifts he may receive when
purchasing from the City. Attorney Sedwick explained he would have to
file a disclosure statement if gifts totaling $100 or more were
received from one company. Attorney Gillenwater asks that the word
directly~ be added to page 9, section B. Councilperson Wilder agreed
to this. Fire Chief Jerry Dooley does have a concern regarding giving
direct orders such
this is from 14
current employees
Gillenwater stated
feel this will work
departments.
as during
days following passage and
of the City~ only new
this is not what it says.
a fire. Councilperson Wilder explained
does not include the
employees. Attorney
Chief Dooley does not
in the Fire Department as well as many other City
Attorney Sedwick suggests adding "except for emergency".
PAGE A
JUNE 8, 1993
Wastewater Treatment Plant Superintendent Larry James feels this
Ordinance will hamper his changes for advancement. Assistant Fire
Chief Butch James realizes Councilperson Wilder has worked hard for
eight weeks, however he feels with all the questions brought up
tonight that it would be better to walt another two weeks and do it
right so that it will be one that everyone can live by. Councilperson
Wilder agreed to strike the section regarding supervision. Council
President Potter would be happy to withdraw the third reading on his
Ordinance if Councilperson Wilder would
for hers. Councilperson Wilder said it
feels this has gone on far too long~
wait until the next meeting
is common to make changes and
making the motion to pass
Concil President Potter introduced Mr. Joe Edwards who
presented a Statement of Benefits for Southern Indiana Radiation
Ontology. Mr. Edwards explained the business, the location,
Ordinance No. 93-0R-88 as amended on the third reading, seconded by
Councilperson Frantz. Mayor Parker has been 100% for good government
and ethics and commends Councilperson Wilder for her hard work. He
also would rather wait and see this in proper form as many good points
have been made tonight. He does agree with Mr. Griffin that this may
cost the taxpayers in the case of a suit. He also noted no public
hearing has been held with the vendors. It will be tough to sign
unless it is 100%. Councilperson Wilde~ stated Mayor Parker will have
plenty of time to review the Ordinance prior to signing and she is
ready for the vote. Councilperson Williams questioned the veto
process and was told it would take a 2/3 vote to override a veto.
Council President Potter, saying he has no relatives that work for the
City and he does no business with the City, however he would also like
to see this written in final form. Ordinance No. 93-0R-22 passed on
the following roll call vote:
Ayes: Councilpersons Stemler, Wolpert, Williams, Frantz,
Wilder, and Wilson.
Nays: Councilperson Potter.
Council President Potter withdraws Ordinance No. 93-0R-30.
Councilperson Wilder asked to table Ordinance No. 93-0R-31,
Solid Waste Dumping until the next meeting. All agreed.
PAGE 5
JUNE 8, 1993
employees~ and payroll and answered questio'ns. Councilperson Williams
questioned the disposal of radioactive materials and was told there
would be none as microwave will be used. Attorney Gillenwater stated
there will be a need for a Resolution qualifying the area. Council
President Potter then made the motion to accept the Satement of
Benefits pending approval of the proper Resolution, seconded by
Councilperson Stemler and carried unanimously.
Attorney Gillenwater reviewed Resolution No. 93-R-14, A
Resolution Adopting A Flexible Insurance Plan Adoption Agreement.
Council President Potter made the motion to pass Resolution No.
93-R-14, seconded by Councilperson Williams. Councilperson Wilder
stated she will vote against this Resolution as the Council has no
vote. Councilperson Frantz read the Resolution aloud, stating the
Board of Public Works does contracts and the Council has no input.
Attorney Gillenwter stated the Council can discontinue funding.
Councilperson Frantz said if this is not passed the Mayor will do this
anyway. Attorney Gillenwater feels this is necessary paperwork to
comply with all State and Federal regulations. Resolution No.
93-R-14 passed on the following roll call vote:
Ayes: Councilpersons Stemler~ Potter~ Wolpert, Williams~ and
Wilson.
Nays: Councilpersons Frantz and Wilder.
Attorney Gillenwater introduced Mr. Chuck Moore~ President
of Eagle Steel who presented a Statement of Benefits. Mr. Moore
explained this is for additional equipment
to employ more and begin a third shift.
Council President Potter made the motion
that will allow Eagle Steel
Following all discussion
to accept the Statement of
Benefits presented by Eagle Steel, seconded by Councilperson Williams
and carried unanimously.
Councilperson Stemler introduced Ordinance No. 93-0R-35~ An
Ordinance Of The Common Council Of The City Of Jeffersonville,
Indiana, Establishing Procedures For A More Effective Operation Of
Government And Delegating Responsibilities Among The Council By
Establishment Of A Seven Member Cabinet~ explaining this is an idea
translated on paper as a joint working of the legislative and
executive branches. Councilperson Stemler gave a general review of
PAGE 6
JUNE 8, 1993
for Ordinance No.
carried unanimously.
pass Ordinance No.
Councilperson Frantz
the Ordinance. This will be a tool for a productive Jeffersonville.
Council President Potter feels this is a good proposal providing focus
and direction. He is concerned for the area
so that Jeffersonville can remain competitive.
Councilperson Stemler on the good job done on
favor. Councilperson Stemler feels one of the
area concerning the State of the City Address. Following all
discussion Councilperson Stemler made the motion to suspend the rules
9S-OR-BS, seconded by Councilperson Wilder and
Councilperson Stemler then made the motion to
93-0R-35 on all three readings, seconded by
and carried unanimously.
of economic development
Mayor Parker commended
this as he is 100% in
important areas is the
year and
promised to look into increases.
the red and due to an additional
accounts the department is now in
At this time the department was in
grant and collections of delinquent
the black. The increases given are
below the maximum allowed in the salary ordinance. This is within the
authority of the Mayor and were given based upon a review from Utility
Director Tolliver. Mayor Parker does wish there was a merit system
for all city employees. Mr. Kyle P. Williams asked why the Mayor
decided to give raises when the streets need to be paved. Mayor
Parker replied this a utility and the employees do have to be taken
care of. Mr. Clarence Keyes made reference to the $100,000 cut back
and the hiring of nine employees and questions where the money came
from. Mayor Parker replied there has not been nine new positions and
the total amount of the increase is about $6~000.00 for the
department. Wastewater Treatment Plant employee Bonnie Griffin stated
he had talked with all Councilpersons with the exception of
Councilpersons Frantz and Clapp last year regarding these increases
and was told the Council would work on the situation. Councilperson
Frantz has stated in the paper and she states again the City of
Jeffersonville does not have a merit system, she does not know if the
raises are deserved as she does not know what is done by the
employees. Mr. Griffin said that is what is wrong, the Council does
Mayor Parker has received numerous requests for an
explanation regarding recent raises given for Wastewater Treatment
Plant employees. He explained he met with the employees last
PAGE ?
JUNE 8, 1993
not know what is done at the plant as they don't come there. In his
opinion~ "the sewage plant comes dead last." Councilperson Frantz
still does not feel the City has a merit system and feels the meeting
was adjourned and then the raises given. Mr. Griffin feels this is no
different than if a police officer is given a new rank~ it is a raise.
Mr. Dave Shelton said the $.25 an hour increase he received doesn't
even pay his monthly sewage bill. Council President Potter reiterated
this is an executive call of the Mayor. The Council does not get
involved in hiring and firing. Mayor Parker said the meeting was
legal and he is willing to back this up. Ms. Mary Goode asked to hear
the tape of the meeting as she was in attendance and did not hear the
raises brought up. Mayor Parker said that is not correct. Mr.
Russell Goody told Mayor Parker not to call his wife a lief. Council
President Potter asked that order be restored or he will request the
Police Chief to remove those that are causing a disturbance. Mayor
Parker explained the situation of that meeting being the meeting was
adjourned following the agenda~ forgetting to "go around the table" as
is the custom to allow the Department Heads to speak. It was at this
time most in attendance moved to the coffee machine and the outer
office~ when business continued. The minutes continued to be taken
and several people including the City Attorney and a gentleman
concerning the trash collection bids remained. Ms. Mary Goode asked
if a tape of the meeting exists. Clerk and Treasurer Spencer asked if
he could clarify this question by stating "this question has been
brought to my attention by, you are probably the third or fourth
person. I would like for Ms. Alice Davis if she would, she is in the
audience this evening~
minutes of the Board of
this community. I
done. Her father
Alice if you would stand up. Alice takes the
Public Works. Alice is a respected member of
am bringing this out because I feel it has to be
is former County Chairman Mr. A1Reschar. Her
husband's father was a former County Commissioner. I think that
someone is trying to impugn the character of Alice Davis and myself as
far as the tape~ and I resent this. I feel that this is not true. We
have always done our minutes and when Alice is done with the tape~ we
reuse the tape at the next meeting. This is done to save the taxpayer
PAGE 8
JUNE 8, 1993
money. I~m sorry~ who is snickering in the back. Would you like to
stand up Mr. Williams if you have something to say9 Can you give us
one reason why you would save a tape sir?" Mr. Williams said to avoid
the appearance of impropriety. Clerk
has been going on for several years?
the meetings, we can do it in longhand
and Treasurer Spencer said "If
We do not have to use tapes for
sir. The tape if for accuracy,
I might add that.
this evening." Ms.
reputation, she is
was adjourned and
We do not have to have these tapes at this meeting
Mary Goode replied she is not inpugning anybody's
just saying she sat through that meeting until it
it didn't happen. Everyone makes mistakes~ but in
this case she did not as the meeting was adjourned. Attorney
GIllenwater stated he was there and the door was open and other people
were in that room and Ms. Goode left before the salaries were
addressed. Many thought the meeting was over, but it was not. We
talked and
to inpugn
lier~ the
else that
Goode said
it was an open meeting. If she is saying she is not trying
anyone's character she is lieing as she is calling him a
Mayor a lief, Mr. Spencer a lief, and Alice and everyone
was there. You are wrong maam, you made a mistake. Ms.
he is calling her a lief. Council President Potter asked
this discussion be closed. Mayor Parker
explanation was necessary.
Mayor Parker announced that Mr.
stated he did feel an
Bill Gavin who has been
wearing two hats, one as Building Commissioner, the other as City
Engineer, has resigned as City Engineer. Mr. Gavin is one of the most
overworked Department Heads in City government. Following discussions
it has been decided that Mr. Bob Miller will take over the duties as
City Engineer and will recieve the pay for this position that
Commissioner Gavin received. This has been worked out with the
Department Heads involved and will become effective June 15~ 1993.
Mayor Parker also announced Utility Director Steve Tolliver
has resigned effective June 30~ 1993~ taking a position with another
firm. Director Tolliver has been a good employee and will be a loss.
Mayor Parker wishes both Mr. Tolliver and Mr. Miller well.
Councilperson Wilder asked if the City has an A.D.A.
Coordinator. Mayor Parker explained Personnel Director Lakeman has
PAGE 9
JUNE 8~ i993
been doing a good job at this.
this was an official position.
Council workshop on Saturday.
Councilperson Wilder is concerned if
She asks that Mr. Lakeman attend the
When she asked she was informed Mr.
Lakeman does not receive compensation for this position. Attorney
Gillenwater would like to see Mr. Lakeman receive compensation for
this. This was discussed.
Councilperson Wilson thanked the Council for the welcome and
help thay have given. She is looking forward to serving.
Councilperson Stemler thanked Mayor Parker, Attorney
Gillenwater and the Council for the support given to his Ordinance
establishing the Council Cabinet Secretaries. Councilperson Stemler
continued emotionally by stating it tears at his heart to have the
Council go through with what they went through tonight. He does not
know why, but tonight he looked up and saw his wife and daughter in
the audience. He would whip his daughter for calling people a lief.
Council President Potter thanked Councilperson Stemler for
his comments. He hopes the conflicts are behind and all can move
forward and work as a team. A workshop will be held Saturday~ June
1R~ 1993 at 9:00 A.M. with an executive session to be held first
followed by discussion of the results of the City survey. They ask
Mr. Lakeman to appear at 10:00 A.M. Mayor Parker asked that time be
allowed for Vehicle Maintenance Director Wathen.
Firefighter John Palmer, as a resident and taxpayer, thanked
the Council for allowing for public input earlier in the meeting as
this is needed before the end of the meeting.
tonight as there is need for public input.
Resolution regarding this.
He noted the full house
It was noted there is a
Firefighter Dennis Frantz said he feels Attorney Gillenwater
is a nice guy~ however he should listen to the tape as only one person
was calling someone a lief. He then called attention to an article in
the Courier Journal regarding KIPDA and the building of a bridge in
the downtown area. He asked if anyone from the City attends these
meetings as he feels what was in the paper was quite a bombshell.
Mayor Parker explained Commissioner Gavin goes to these. The proposal
in the paper is only one of four proposals. Mr. Frantz would like to
fight an additional bridge in the downtown area. Mayor Parker agreed
PAGE 10
JUNE 8, 1993
with this. Councilperson Wilder suggests the Council as a group meet
with the Governor to support a bridge but against a bridge in
downtown. She also was shocked by the article in the paper. Mayor
Parker, not having read the article does support working against a
downtown bridge.
Mr. Kyle P. Williams thanked the Mayor for clarifying the
situation of the raises. He does ask if these were done on a case by
case basis? Mayor Parker explained the raises were given following an
extensive evaluation prepared by Utility Director Tolliver. Director
Tolliver stated there were five meetings going over the evaluations.
Ms. Anne Coffman Fowler would like to applaud the Council
for all they are doing. It appears something is happening on the
Riverfront. She is ~leased with the people who have brought to the
attention of the City the handicap facilities. She applauds the vote
on the Ethics Ordinance. She read the article concerning Steve's
ideas for the cabinet secretaries and feels this is good. The Council
is listening to the people. Ms. Fowler feels this is a good City
Council and a good Mayor that is going forward and generally doing a
good job.
Council President
seconded by
There being no further business to
Potter moved to adjourn
Councilperson Stemler and
come before the Council,
at 9:35 o'clock P.M.
unanimously carried.
M'AYOR /F~YMON~ J. PARKE~R J' '
ATTEST:
CLERK" AND TREASUREy C. RI~RD~PENCER JR.