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HomeMy WebLinkAbout02-28-2005COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA February 28, 2005 The Common Council of the City of Jeffersonville, Indiana met in regular session in the Multi-Purpose Meeting Room in the City-County Building, Jeffersonville, Indiana, at 7'30 P.M. on Monday February 28, 2005. Prior to calling the meeting to order, Mayor Waiz introduced special guest Aerial Martin, State Swimming Champion, reading a proclamation declaring March 1, 2005, Aerial Martin Day. Mayor Waiz introduced Aerial's mother and her coach. The Mayor and Council honored Aerial. She received a standing ovation. Council President Grooms presented a plaque to immediate .past Council President Phil McCauley for his work and dedication as President in 2004. Mayor Rob Waiz, with Clerk Treasurer Peggy Wilder at the desk, called the meeting to order. Also present were City Attorney Les Merkley, Council Attorney Allen Morris, and Deputy Clerk Barbara Hollis. Mayor Waiz welcomed all in attendance, asking all those present to stand as Boy Scout Leader Mitch Harlan gave the invocation. Mayor Waiz 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 John Perkins, Ed Zastawny, Keith Fetz, Connie Sellers, Barbara Wilson, Ron Grooms, and Phil McCauley. Absent: None Councilperson Perkins .made the motion to delete Agenda Item #13 on the agenda, second by Councilperson Zastawny, passing on a vote of 7-0. Council President Grooms made the motion to delete Agenda Item #12, second by Councilperson Sellers, passing on a vote of 7-0. Councilperson Fetz then made the motion to approve the agenda as amended by Councilperson Wilson, passing on a vote of 7-0. Mayor Waiz presented the minutes of the meeting of January 24, 2005, and the minutes of the workshop of January 24, 2005 for approval. Councilperson Wilson made the motion to approve the minutes of the January 24, 2005 workshop as presented, second by Councilperson Fetz, passing on a vote of 7-0. Councilperson Wilson then made the February 23, 2004 motion to approve the minutes of the January 24, 2005 meeting as presented, second by Councilperson Zastawny, passing on a vote of 7-0. Clerk Treasurer Wilder presented the claim list for consideration by the Council explaining the claim to Jeffersonville Main Street had been placed on the list twice in error and one has been removed. Clerk Treasurer Wilder asked to add a claim to Jeffersonville Firefighters Local to the list. Councilperson Zastawny made the motion to approve the claim list as amended, seconded by Council President Grooms passing on a vote of 6-1. Councilperson Perkins voted against passage. PUBLIC COMMENT: Mr. Mike Hutt appeared before the Council to ask the Council to obligate all of .the EDIT.revenue to fund a new City Building. This would be good for the citizens and · boost the Quadrangle. Mr. Ray Michael appeared before the Council to express his concern the City was "broke" last year and now the Council wants to use new taxes (EDIT) to create Council slush funds. DEPARTMENT HEAD REPORTS Mr. Rob Poff, Park and Recreation Superintendent, presented a general overview of the functions of the Parks Department. Superintendent Poff introduced Park Board members Mr. Kevin LaGrange, Mr. Mick Hennegan, and Mr. Ted Throckmorton. Superintendent Poff next introduced Ms. Sandy Knight. Ms. Knight explained the plans for the Bob Hedge Park renovation. There will be an area for those with special needs. This project will be done with donations. AGENDA ITEMS' Mr. Mike Whitis appeared before the Council representing the Building Trade Association of Southern Indiana. Mr. Whitis reviewed construction numbers and urged the Council to take the appropriate steps toward solving sewer problems so construction may continue. He also urged the Council to annex toward Charlestown. Mr. Alan Applegate, Attorney representing Cherokee River, LLC, appeared before the Council to request passage of Ordinance No. 2005-OR-10, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Being Part Of Survey No. 4 Of The Illinois Grant, Jeffersonville Township, Clark County, Indiana, February 23, 2004 From PR:UP-OL & Recreation-Utica Pike Containing 2.302 Acres More Or Less, (Parks Overlay District) To RI' Low Density Residential. Mr. Applegate explained this is a necessary step to get to the desired zoning. The request received a favorable recommendation from the Plan Commission. Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-10, second by Councilperson Sellers. Mayor Waiz announced this meeting has been advertised as a public hearing asking for public comments. No comments were voiced. The motion to pass Ordinance No. 2005-OR-! 0 passed on a vote of 6-0-1. Councilperson McCauley abstained. Councilperson Zastawny presented Ordinance 2005-OR-11, An Ordinance Establishing The Common Council Non-Reverting Capital Improvement Fund. Checks and balances have been added to this version. Councilperson Zastawny made the motion to pass Ordinance No. 2005-OR-11 on the first reading. Councilperson Fetz asked Attorney Merkley for his opinion. Attorney Merkley has reservations as the legality as the spending of EDIT funds has to be consistent with the Mayor's plan for EDIT. Clerk Treasurer Wilder said all claims would have to be a part of the plan that has been filed and she has a concern the funds have not been appropriated. Mr. Tom Lowe, Attorney rer~resentin~ Clerk Treasurer Wilder, questions if the Clerk Treasurer has the authority to transfer EDIT funds to another fund. Mr. Allen Morris, Attorney representing the Council, explained the necessary step to follow saying all steps must be followed. Councilperson McCauley said there has been a lot of publicity regarding this matter and some he feels has been inappropriate. This would not be a slush fund. His oppositiort to this does not have to do with legal opinions. He feels EDIT funds are limited and should be utilized for projects such as a new firehouse or city hall. Also the State is considenng changes in EDIT funds. In another year he may be supportive. He also feels this would fringe on crossing the administration/fiscal line. He feels the Council and the Mayor can work together. He is not opposed to the concept but asks the Council to delay action for a year. Mr. Ray Michael apologized for his use of the term slush fund. Council President Grooms then seconded the motion to pass Ordinance No. 2005-OR-11 in order to move forward. He does agree with Councilperson McCauley, saying this should be put in the 2006 budget and comply with the Mayor's plan. Councilperson Grooms suggests using Riverboat funds for these types of project next year. Councilperson Zastawny said he February 23, 2004 understands the arguments and concerns and agrees to plan for 2006. Council President Grooms withdrew his second and Councilperson Zastawny withdrew his motion to pass Ordinance No. 2005-OR-11. Councilperson Perkins made the motion to add Resolution No. 2005-R-10, A Resolution of Additional Appropriation to the agenda, second by Councilperson Wilson, passing on a vote of 7-0. Councilperson Perkins made the motion to pass Resolution No. 2005-R-10, second by Councilperson Wilson, passing on a vote of 7-0. CLERK TREASURER COMMENTS' Clerk Treasurer Wilder called attention to the 2005 bUdget copies she distributed, noting the Council may want to ~keep up with the budgets by comparing them with the monthly appropriation reports. · "--~.~ .~. ,~ ..... -. ': coUNcIL PRESIDENT~~MENaI'S .... C'ouncil President GroOms called attention to a letter requesting a donation from Howard Steamboat Museum. There is not a line item in the budget for this and he does remember discussion at budget time. There is a line for special projects and this will be reviewed at a workshop. Next Council President Grooms called attention to a letter from Street Commission Ellis regarding the paving priority list. He then announced the dedication of the YMCA expansion will be April 3, the final review of the Sewer 20 year plan will be March 16, and 18, and the City Hall progress report will be Thursday at 9°00 A.M. He has met with Street Commissioner Ellis and Mayor Waiz regarding the possible new City garage location off 12th Street. Council President Grooms asks Mayor Waiz to consider having a Police Officer at each Council meeting. Councilperson McCauley has accepted an appointment to the Tax Abatement Committee. COMMITTEE REPORTS' Councilperson Perkins announced the Redevelopment Board met for 6 hours last Saturday having a wide-ranging discussion. They are looking at many projects and funding sources. Within the next 30 to 60 days they will be looking at reorganizing the Department of Redevelopment. Councilperson Zastawny reviewed the TIF Districts. It is possible that two may be combined. Different ideas are being entertained. February 23, 2004 Councilperson McCauley stated the TIF Districts have been a huge help for the future of Jeffersonville and Councilperson Zastawny has don~ a.go°d job. All money is accounted for in the Revolving Loan Fund and are being administered competently. There are two loans that are past due and will be brought to the Council. There is $554,000 available. These funds are serving a purpose. Council President Grooms feels the committees are working well. COUNCIL AND MAYOR COMMENTS' Councilperson Wilson said the Park Board is doing an excellent job. SIEDC has a lot going on and she will be providing the Council with a copy of the· minutes at the next meeting. ~ .~Councilpe~g'on Perkins said Mr. Whitis comments regarding annexation. ~ were music to his ears.'~'~ There are"economic benefits to becoming a second clasS'City.'~i ~e :asks for Prayers for Walt Bales who passed away today. Councilperson Perkins 'commented on the term "slush fund". He voted against the claims due to what he feels is a slush fund and he will meet with the department of his concern. Councilpers0n Perkins said he and Councilpersons Sellers and Wilson attended the Sanitary Board meeting and were nOt asked for their comments. He feels a firm was inappropriately removed. He is also concerned that 2 of the 3 board members met violating the open door law. Councilperson Zastawny said he received a call last week from a woman who was being threatened by her husband and wanted to get a restraining order on the weekend. Attorney Merkley said restraining orders are issued through the County Courts only during court hours. This County has no weekend courts. The woman was also concerned there are no direction signs to the Police Department. Councilperson Zastawny thanked Clerk Treasurer Wilder for the budget folder. Councilperson Fetz complimented the Council and the Public for their comments. Communication and cooperation are welCome and he compliments those that participate. Councilperson Sellers is working with the Animal Shelter to start a spay/neuter program. A golf scramble will be held in June to raise funds for the program. Councilperson Sellers reported the meeting with Tetra Tech regarding the sewer technical review was good. February 23, 2004 Councilperson McCauley is impressed with the Hedge Park plans, saying they are outstanding. The list of those helping is impressive. He cOmmends all for the huge effort. Councilperson Grooms thanked all for attending, including the Park Board members, and Sandy Knight. There will be a Council workshop on March 21, 2005 at -5'30 P.M. Progress is being made. There is good progress being made in communication and he appreciates the willingness of the Mayor to be involved. Mayor Waiz called attention to visiting Boy Scout Troop #1. Councilperson Wilson noted this is the troop that works at the Concerts In The Park. Mayor Waiz said Walt Bales will be As there was no further business to corse before· ', Council, the meeting.~ ! .. :,. :~was'~ adjourned 9 00 P.M. ': ROBERT L. WAIZfMAYOR ATTEST: PEGGY ~~~R, CLERK AND TREASURER -z . ,; ,.