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HomeMy WebLinkAbout01-06-2003January 6, 2003 1 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA JANUARY 6, 2003 The Common Council of the City of Jeffersonvilte, Indiana met in regular session in the Multi-Purpose Meeting Room in the City-County Building, Jeffersonville, Indiana at 7:30 P.M. on the 6th day of January 2003. Council President Denny Frantz, with Clerk Treasurer Peggy Wilder at the desk, called the meeting to order. Also present was Deputy Clerk Barbara Hollis. Council President Frantz welcomed all in attendance, asking all those present to stand as Councilperson Ron Ellis gave the invocation. Council President Frantz then 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 Waiz, Barbara Wilson, Ron Grooms, and Vicki Conlin. Absent: None. Councilperson Merkley made the motion to amend the agenda by deleting Item #12, Amended Petition For Annexation Into The City Of Jeffersonville, as he does not feel this is in the best interest of the City of Jeffersonville, second by Councilperson Conlin. The motion to amend failed on a vote of 5-1. Council President Frantz did not vote and Couneilperson Grooms voted no. Councilperson Merkley then made the motion to move item #12 to ~9A, second by Councilperson Conlin, passing on a vote of 6-0. Council President Frantz did not vote. Councilperson Merkley made the motion to approve the agenda as amended, seconded by Councilperson Conlin, passing on a vote of 6-0. Council President Frantz did not vote. No minutes were presented for approval. Clerk Treasurer Wilder presented the claim list for consideration by the Council. Councilperson Merkley made the motion to approve the claims as presented, seconded by Councilperson Waiz, passing on a vote of 6-0. Council President Frantz did not vote. PUBLIC COMMENT: There was no public comment. January 6, 2003 2 AGENDA ITEMS: Councilperson Grooms stated this meeting has been advertised as a public hearing to receive comments on Amended Petition For Annexation Into The City O£Jeffersonville, and the hearing should be held, therefore he will proceed. Councilperson Grooms explained the procedure saying the Council has received the petition without an Ordinance. This item was placed on the agenda with his name as speaker without his consent. He does not believe the hearing was properly advertised, as there is no Ordinance. Councilperson Grooms said the hearing has to be held at least 60 days after the introduction of the Ordinance. It is not fair if notice has been given that that item be removed fi'om the agenda. Councilperson Grooms feels chances are slim that an Ordinance will be introduced. Councilperson Merkley said this annexation is different as it is 100% voluntary and feels by having this hearing it is the first step toward annexation. The Council cannot proceed on any matter of annexation that has not been duly published. He feels that by having a public hearing, it is the first step. As the individuals that have requested the annexation are not here, he was trying to kilt the issue by not having the hearing. He feels that the advocates of the annexation can come hack at the next meeting and ask for a vote. Councilperson Merkley feels the whole thing of annexation of this property is the wrong thing and not in the best interest of the City of Jeffersonville. He also feels if the Mayor's wife and her family did not have a financial interest in the property it would not be considered. This should be a dead issue. Couneilperson Grooms said the meeting was advertised as a public hearing and reads the procedure. He does not believe the hearing was properly advertised as there is no Ordinance. Councilperson Conlin again noted the Council does not have an attorney present. Council President Frantz said let's get it over with if it is on the agenda. Councilperson Contin wanted those in the audience to know the Council is concerned. Mr. Patrick Northam, representing those people in the audience attandfiag for the hearing will waive speaking, asking those people in the room opposing the annexation to indicate so. A large majority of those in the audience indicated they were against the annexation by the raising of hands. Councilperson Ellis said he will oppose this annexation as long as he is on the Council and will vote against it. Councilperson Grooms said if an Ordinance is introduced there will be a notice of a public hearing. Councilperson Conlin told those in the audience "we are behind you". Councilperson Wilson also indicated she will not vote for the annexation. Councilperson Merk!ey then made a motion to advertise and conduct a public hearing prior to any action regarding an Ordinance to January 6, 2003 annex this property, second by Councilperson Conlin, passing on a vote of 6-0. Council President Frantz did not vote. Mr. Mike Gillenwater, Charlestown City Attorney said it is unfortunate the Council does not have legal counsel present. Mr. Gillenwater noted voluntary annexation is a different statute. Notices do not have to be mailed. The time period is different. He does not think anything the Council did tonight was wrong, and he does appreciate what has been done. He questions if the petition has been withdrawra He has sent a letter to the Council explaining the area is currently being annexed by the City of Charlestown. The area in questions may be in the City of Charlestown before Jeffersonville can act. Mr. Gillenwater further noted this property is currently involved in at least four lawsuits. He questions continuity, as annexation from the Federal Government is different, reading from the statute. He has requested copies of the City of Jeffersonville petition to the Army from the Mayor and City Attorney and has been told they do not have them He suggests the Council hire an attorney. Mr. Gillenwater closed by saying, on behalf of the City of Charlestown, the doors are open and he is willing to meet with the Council and work things out. He would like the fighting to end. Council President Frantz opened the floor for nominations for Council President for 2003. Councilperson Merkley made the motion to nominate Couneilperson Waiz as President, second by Councilperson Coniin. As there were no other nominations, the motion passed on a vote of 6~0. Council President Frantz did not vote. Council President Waiz asked for nominations for Council Vice President for 2003. Couneilperson Ellis made the motion to nominate Councilperson Wilson as Vice President, second by Councilperson Coniir~ As there were no other nominations, the motion passed on a vote of 6-0. Council President Waiz did not vote. Council President Waiz presented Resolution No. 2003-R-1, A Resolution Fixing Regular Times To Conduct Common Council Meetings. Couneilperson Merldey made the motion to pass Resolution No. 2003-R-1, second by Councilperson Coniin, passing on a vote of 6-0. Council President Waiz did not vote. Councilperson Merkley made the motion to appoint Councilperson Grooms to serve on the Solid Waste District Board, second by Councilperson Conlin, passing.on a vote of 6-0. Council President Waiz did not vote. Couneilperson Ellis made the motion to appoint Councilperson Merkley to serve on the Department of Redevelopment replacing Mr. Nathan Samuels, second by Coaneilperson Conlin, January 6, 2003 4 passing on a vote of 6-0. Council President Waiz did not vote. Councilperson Merkleymade the motion to appoint Councilperson Ellis to the Department of Redevelopment, replacing Mr. Robert Campbell, second by Councilperson Conlin. Councilperson Grooms believes Mr. Robert Campbell should be retained. The motion passed on a vote of 4-2. Councilpersons Frantz and Grooms voted against passage and Council President Waiz did not vote. Councilperson Merkley made the motion to nominate Councilperson Frantz to replace Councilperson Conlin on the Plan Commission, second by Councilperson Grooms, passing on a vote of 6-0, Council President Waiz did not vote. Councilperson Ellis made the motion to nominate Councilperson Conlin to replace Councilperson Ellis on SIEDC, second by Councilperson Grooms, passing on a vote of 6-0. Council President Waiz did not vote. Councilperson Merkley made the motion to reappoint Mr. Vernon Osborn to the Building Authority Trustees, second by Councilperson Conlin, passing on a vote of 6-0. Council President Waiz did not vote. Councilperson Ellis made the motion to appoint Mr. Ken Odgen to the Jeffersonville Ethics Commission, second by Councilperson Merkley, passing on a vote of 6-0. Council President Waiz did not vote. Councilperson Conlin made the motion to reappoint Councitperson Wilson to the Economic Development Commission, second by Councilperson Merkley, passing ona vote of 6- 0. Council President Walz did not vote. Councilperson Merldey made the motion to reappoint Ms. Mary Pat Boone to the Board of Zoning Appeals, second by Councilperson Wilson, passing on a vote of 6-0. Council President Waiz did not vote. Councilperson Ellis made the motion to appoint Councilperson Frantz to replace Council President Waiz on the Board of Public Works and Safety, second by Councilperson Grooms, passing on a vote of 6-0. Council President Waiz did not vote. Councilperson Merkley requested official letters be sent to all those who have been replaced. Clerk Treasurer Wilder said she would be happy to do this. COUNCIL AND MAYOR COMMENTS: Councilperson Merkley called attention to a copy of a complaint filed in U.S. District Court on January 6, 2003, noting the Council has 30 days to answer. This complaint is in regard to the failure of the Council to redistrict in 2002. Councilperson Conlin has been told this may January 6, 2003 5 hold hack distric~ eleetion~ Councllperson Merkley has been told all Councilpersons may have to nm at-large. An attorney is needed for this matter. Councilperson Frantz asked if the City Attorney could handle the matter. Councilperson Merkley feels this is a conflict as the City Attorney does not represent the Council. Councilperson Merkley made the motion to hire Attorney Jack Vissing to represent the Council on redistricting, seconded by Councilperson Grooms, passing on a vote of 6-0. Council President Waiz did not vote. Councilperson Frantz thanked Clerk Treasurer Wilder for the gift of a book on the history of Jeffersonville. He has enjoyed it. Councilperson Grooms thanked Councilperson Frantz for the past year of service as Council President. He then congratulated Councilpersons Waiz and Wilson on their elections. He is looking forward to a good year. Councilperson Grooms inquired if the Department of Redevelopmem bas complied with the Ordinance to transfer back to the City of Jeffersonville the funds from the sale of the City's interest in the City-county building. Clerk Treasurer Wilder said the money is tied up in the Quadrangle. Councilperson Grooms said there is a need to make a decision about the program introduced by Mr. Toby Woolcott of Paradigm. He will set up a meeting with Mr. Woolcott, Councilpersons Frantz and Conlin and himself. Councilperson Conlin inquired about the ethics forms. Clerk Treasurer Wilder said the forms will be included in the next Council packet. Councilperson Conlin said Bobby Campbell has done an excellent job on the Department of Redevelopment, however the Council did not hear anything. She supports Council involvement. There is a need to do something with the Quadrangle and it is important the Council voices are heard. Councilperson Grooms has asked Mayor Galligan to appoint Information Technology Director Rich Davis as liaison to the Council. Councilperson Conlin said the Mayor and the City Attorney need to be at the Council meetings. She noted in Third Class Cities the Mayor shall preside. There is a need to have administration here. Council President Waiz appreciates the time and concern of Councllperson Frantz as President of the Council. He is looking forward to serving as President. He thinks it will be a good year. Councilperson Ellis said Councilperson Frantz did a wonderful job. January 6, 2003 6 As there was no further business to come before the Council, the meeting was adjOurned at 8:25 P.M. ATTEST: ALL~O~IAY pEGGY WIED'I~R, CLERK AND TREASURER