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Home My WebLink About09-17-01· SEPTI~MBER 17, 2001 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA SEPTEMBER 17, 2001 The Common Council of the City of Jeffersonville, Indiana met in regular session the Multi-Purpose Meeting Room in the City-County Building, Jeffersonville, Indiana a~ :00 P.M. on the 17th day of September, 2001. The meeting was called to order by Mayor Thomas R. Galligan, with Clerk and Treasurer~ the desk. Also present were city Attorney Anne Marie Galligan, t~nd Peggy Wilder at Deputy Clerk Barbara Hollis. Mayor Galligan welcomed all in attendance, asking all those present to stand as Reverend Vo~gler gave the invocation~ Mayor Galligan 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 lis, Denny Frantz, Rob Waiz, Barbara Wilson, and Ron Grooms. Absent: Councilperson Vicki Conlin. Council President Merkley made the motion to approve the agenda as prese: ed, seconded by Councilperson Ellis, passing unanimously. Mayor Galligan presented the minutes of the meeting of September 4, 2001 for consideration by the Council. Councilperson Wilson made the motion to approv~ the September 4, 2001 minutes as presented, seconded by Council President Merkley, pm lng unanimously. Clerk and Treasurer Wilder presented the claim list for consideration by the Cot eil. Councilperson Waiz made the motion to approve the claims as presented, Seconded!by Council President Merkley, passing unanimously. PUBLIC COMMENT: City Attorney Department Paralegal Sharon King appeared before the Council askir the Council to look closely at, and pass the proposed Salary Ordinance as amended. AGENDA ITEMS: Mr. Judy Bartram, Clark County Youth Coalition was not available as listed o~ the agenda. SEPTEMBER 17, 2001 2 City Attorney Anne Marie Galligan presented and explained amendments to Ordin ice No. 2001-OR-25, An Ordinance Fixing Basic Salaries Of Appointed Officers And will be well over $100,000 annually. The other amendments are an increase for the :ity Attorney Paralegal, and additional employees in Motor Vehicle. Councilperson Gtc ms made the motion to amend Ordinance No. 2001-OR-25 as presented, seconder by Councilperson Frantz. Mayor Galligan reviewed the duties of the Engineering Coordin :or. Mr Brian Dixon reviewed some of the current projects that the Engineering Coordinatorl~ll/ be ~orking on Councilperson Grooms is opposed to hiring ofnew employees, but is willing-' · I e to look at if there is an opportunity to save money. Council President Merkley believes th Engineering Coordinator was hired September 4, 2001, prior to the position being appr md by the Council. It appears the decision was made before it was presented to the Cot ¢il. Attorney Galligan explained the City Council does approve the salary ordinance ant the Mayor does the hiring. Council President Merkley also referred to an e-mail he rec~ ~ed fi:om Sanitary Sewer Board Member Jack Jordan. Mayor Galligan apologized for not co] ing / to the Council. He did communicate with Councilpersons Merkley and Waiz and felt co'a ~cil / President Merkley would inform the Council. Attorney Galligan does have a copy o~ the menti°ned // proposed contract with EMC taking the amount from the contract. Councilper~on el erson ~ms Grooms commented there has not been a lot of communication. Coun 'Ip or i I asked City Engineer Miller if it is a good move to hire an Engineering Coordinator. Engineer the job bas grown to the extent that he cannot handle all the work. Eng~eer Miller explained Miller further remarked none of the Council, except Councilperson Waiz, has been in~s office to see what he does. He does have a good working relationship with Mr. Dixon. The Sanitary Sewer Board is in favor of hiring an Engineering Coordinator. Councilpe rson Frantz said if the Council is not going to take the recommendation of the Sanitary S ~er Board, the Council should do away with the Board. At the conclusion of all discus on, Councilperson Grooms made the motion to cease debate, seconded by Council Pres ent Merkley, passing on a vote of 5-1. Councilperson Ellis voted nay. The following rol :all vote was recorded for amending Ordinance No. 2001-OR-25: ~ sEpTEMBER 17, 2001 3 Ayes: Cotmcilperson Grooms, Waiz, and Frantz. Nays: Councilpersons Wilson, Ellis, and Merkley. Mayor Galligan broke the tie vote by voting in favor of passage. Council President Merkley made the motion to pass Ordinance No. 2001-OR-2: amended, on the second and third readings, seconded by Councilperson Grooms, passin a vote of 5-1. Councilperson Ellis voted against passage. Council President Merkley read aloud the proposed amendment to Ordinance No. OR-28, An Ordinance Establishing The Jeffersonville Community Animal Control Council President Merkley then made the motion to amend Ordinance No. presented, seconded by Councilperson Ellis, passing on a vote ofS-1. Councilperson voted in oppositiom Councilperson Ellis then made the motion to pass Ordinance No. OR-28, as amended, on the third, reading, seconded by Council President Merkley. Galligan disagrees with this Ordinance. He has talked with representatives of the Animal Shelter and is going to visit the New Albany Animal Shelter. They are tightening the adoptions procedures. The motion to pass Ordinance No. third reading passed on a vote of 4-2. Councilpersons Frantz and Waiz voted passage. Clerk and Treasurer Wilder presented and reviewed Ordinance No. Ordinance Transferring Certain Funds Within The Same Department (Common Council President Merkley made the motion to pass Ordinance No. 2001-OR-29 on the reading, seconded by Councilperson Waiz, passing unanimously. Council President Merkley presented Ordinance No. 2001-OR-30, Ordinance Appropriation And Tax Rates for 2002, asking for public comment, Councilperson Gr{ explained capital purchases will be allowed, however the procedure has changed. The money available for capital expenditures for departments. This method has implemented to better control the tax rate. Mayor Galligan has concerns with cutting th rate. There being no public comment, Council President Merkley made the motion to Ordinance No. 2001-OR-30 on the second and third readings, seconded by Councilp~ Grooms, passing on a vote of 5-1. Councilperson Frantz voted against passage. Attorney Galligan presented and explained Ordinance No. 2001-OR-31, An Ordk Amending Certain Portions Of Section 1 Of Ordinance No. 2000-OR-39 (Se' as 31- Of lice age SEPTEMBER 17, 2001 4 Department). Following discussion, Councilperson Grooms made the motion to p~ss Ordinance No. 2001-OR-31, on the first reading, seconded by Councilperson Walz, passing on a vote of 4-2. Councilpersons Merkley and Ellis voted against passage. Clerk Treasurer Wilder presented and explained Resolution No. 2001-R-21, A ResolUtion Of The Common Council Of The City Of Jeffersonville, Indiana Requesting The Fire Pension Fund Budgetary Accounts Reft:ain From The Complete Dispersion Of Said Funds For The Year 2001. Councilperson Waiz made the motion to pass Resolution No. 2001 -R- 21, seconded by Councilperson Wilson, passing unanimously. Council President Merkley presented and read aloud a draft ora position letter regard hag Indiana First Initiative addressed to Charlestown Mayor Bob Hall. Council Presi ent Merkley made the motion to pass Resolution No. 2001~R-22, A Resolution RE: Indiana h:st Initiative, seconded by Councilperson Grooms. Attorney Galligan warned the Council of the .. danger of quotes being taken out of context. Mayor Galligan agrees the Reuse ~7,~o~y~T should have control of the wells. Following discussion, the motion to pass Reso.~.w..v' ~ . 2001-R-22 passed unanimously. Council President Merkley will encourage use of the letter in whole and not out of context. COUNCIL AND MAYOR COMMENTS: Council President Merkley announced an executive meeting for October 15, 2001 at 6:00 P.M. Council President Merkley said there is a need to consider the "rainy-day-fund". He er le will work with Clerk Treasurer Wilder and Attorney Galligan. Council President M!k y thanked all that participated in the Steamboat Days Parade. He recommends the Couhcil uno purchase an ad and tickets for the NAACP Banquet. There was no opposition. Co il President Merkley commends all in the community for the events in the past week and for coming together during a difficult time. Mayor Galligan explained the past week was a tough week. The decision was made t{ go ahead with Steamboat Days and the parade. President Bush recommended getting bad! to business and that is why the decision was made. Steamboat Days is getting better. ~rhe Mayor announced the gearing up to do Mellwood drainage corrections. There will be some blockage of traffic. Council President Merkley commended the Fire Department for raising money fo the New York disaster. SEPTEMBER 17, 2001 Mayor Galligan commended New York City Mayor Giuliani as he is a tremen, individual and we all need to pray for him. i There being no further business to come before the Council, the meeting was adjotm at 8:55 P.M. GALLIGA ~YOR ATTEST: 5 )US ~ed ENVIRONMENTAL MANAGEMENT CORPORATION August 27, 2001 Mayor Thomas Galligan 538 E. Court Ave. Jeffersonville, Indiana 47130 Dear Mayor Galligan: As per our meeting and discussion on August 16, 2001, please find enclosed the contract amendment, which eliminates the "Engineering Scope" of our operations agreement. As agreed, we have also reduced our annual fee by $120,000 per year. It is my understanding that you plan to have this amendment to our contract approved at the September l0th Sewer Board meeting. Also, as discussed, Mr. Timothy Crawford will become the EMC Facility Manager for JeffersonvilIe effective September 4, 2001. Please call me if you have any questions or desire additional information. Sincerely, EMC of Indiana cc: Anne Marie Galligan, City Attorney 1 01 N.W. FIRST STREET · SUITE 11 8 PHONE: (81 485-5900 EVANSVILLE, INDIANA 47708 FAX: (81 485-591 0 AMENDMENT TO AMENDED AGREEMENT FOR CONTRACT OPERATIONS OF THE CITY OF JEFFERSONVILLE This Amendment with an effective date of September 1,2001 to the Amended Agreement for Contract Operations of the City of Jeffersonville Wastewater System, dated December 28, 1999 ("Amendment") between the City of Jeffersonville, a municipal corporation in the County of Clark, State of Indiana, acting through its Sewer Board (hereinafter "City"), and Environmental Management Corporation, a Missouri limited liability corporation with its principal place of business at 101 N.W. First Street, Suite 118, Evansville, Indiana (hereinafter "EMC"): RECITALS WHEREAS, on December 28, 1999 the City and EMC entered into an Amended Agreement for Contract Operations of the City of Jeffersonville Wastewater System (hereinafter, "Agreement"); and WHEREAS, the City and EMC now wish to amend said Agreement with regard to the Scope of Service, Engineering Management Services and Compensation. NOW THEREFORE, the City and EMC hereby agree as follows: 1. Remove in its entirety the Section to Article II Scope of Services on page 8 Engineering Management Services. The Compensation amounts of$115,700.00 per month or $1,388,400.00 per year detailed in Section entitled "Compensation" in Article IV-Compensation on page 9 of the Agreement which have changed over time by Agreement to $123,037.07 and $1,476,444.84 respectively, shall be changed to $113,037.07 per month or $1,356,444.84 per year. IN WITNESS WHEREOF, the City of Jeffersonville, a municipal corporation in the County of Clark, State of Indiana acting through its Sewer Board and Environmental Management Corporation a Missouri limited liability corporation with its principal place of business at 101 N.W. First Street, Suite I 18, Evansville, Indiana, sign this Amendment with an effective date of September 1,2001. ATTEST: CITY OF JEFFERSONVILLE DATE ATTEST: ENVIRONMENTAL MANAGEMENT CORPORATION DATE Jack J. Danks, Vice President THE LES MERKLEY Councilperson 1'' District 538 E. Court Ave Jeffersonville, IN 4' (812) 284-0848 Hc (502) 693-7276 Mc lesliedmerkley @compus September 12, 2001 Honorable Bob Hall, Mayor City of Charlestown 304 Main Cross St. Charlestown, IN 47111 RE: Indiana First Initiative Dear Mayor Hall: The Jeffersonville City Council commends your efforts to protect and preserve the water wells c the Charlestown Ammunition Plant. However, the Reuse Authority should ultimately make th decSsion as to which body has control of these water wells. This decision must be made to ensm accessibility to viable, clean and reliable water. While regional allegiances are important in tl' decision making process, it should not be the controlling factor. Rather, it is the economic growl and vitality of our region to which is best served by the entity better equipped, both technically ar financially, to provide these services to southern Indiana. We implore the Indiana Department of Natural Resources and the Reuse Authority to protect this water supply for Hoosiers without jeopardizing the financial well-being and development of ti Charlestown Ammunition Plant. With this in mind, this letter is our confirmation of your visk and commitment to this objective. 130 me >ile Good luck in your endeavor. With warm regards, I am Sincerely, LES MERKLEY Council President AN EQUAL OPPORTUNFi'Y EMPLOYER