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