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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.