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HomeMy WebLinkAbout11-21-2005COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA November 21, 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 November 21, 2005. Mayor Rob Waiz, with Deputy Clerk Barbara Hollis at the desk, called the meeting to order. Also present was City Attorney Les Merkley. Mayor Waiz welcomed all in attendance, asking all those present to stand as Mr. Gary Leavell 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, Phil McCauley, and Ron Grooms. Absent: None. Council President Grooms made the motion to delete agenda items #22 and #15, and to table agenda item #12, second by Councilperson Wilson, passing on a vote of 7-0. Councilperson Zastawny then made the motion to approve the agenda as amended, second by Councilperson Wilson, passing on a vote of 7-0. Mayor Waiz presented the minutes for approval. Councilperson Wilson made the motion to approve the minutes of the November 7, 2005 regular meeting with one correction on page 7, second by Councilperson Fetz, passing on a vote of 7-0. Deputy Clerk Hollis presented the claim list with one additional claim for consideration by the Council. Councilperson McCauley made the motion to approve the claims with the addition, second by Council President Grooms, passing on a vote of 7-0. PUBLIC COMMENT: Mr. Derek Spence urged the Council to use caution in considering passage of the smoking ban presenting a petition. Mr. Don Herrold asked who gave the right to the Council to take freedom away, noting the GI's that gave their life for rights. November 21, 2005 2 Mr. Levi Beckley questions the public issue of health. He feels it is all about money. He said the Council could be voted out. Ms. Carolyn Isgrigg urged the Council to pass the smoking ban. Ms. Miranda Spitznagle reviewed an air monitoring study. Ms. Linda Wilson read a letter from Mr. Michael S. Maurer, President of the Indiana Economic Development Corporation, urging passage of a smoking ban. Ms. Audrey Caldwell said it is about freedom. Mr. Conrad Storz said it is wrong for the Council to take away the choice of a businessperson on how to mn a business. A ban is wrong. Smoking is bad, but this is wrong. Ms Becka Christensen feels this is ridiculous and close to prokibition. She will no longer support the American Cancer Society. She urged the Council to please vote no as there is a lot of wrong in this. Ms. Donna Spence is against the passage of the ban noting property owner and entrepreneurial rights. Mr. Steve Shaffer, Scottish Inn operator urges the Mayor to veto this ban, as it will kill the lodging industry in Jeffersonville. Mr. Paige Gabhart noted OSHA should protect food service workers. Mr. Mike Hutt urged the Council to not "Swiss cheese" this Ordinance. Don't amend it or water it down. There was one hour and forty minutes of public comment at the last Council meeting that smokers went without smoking. He then noted a fire in the Quadrangle due to a cigarette. Ms. Vanessa Smith is a veteran that does not consider smoking a freedom. She gave statistics of second hand smoke. Mr. Dan Christianson directed his comments to Mayor Waiz asking him to veto the pan. He is concerned about the cost to enforce the ban. He asks to at least figure out the cost before passage. Ms. Joyce Stem is a business owner who has been experiencing a 20% increase in Louisville people coming to Jeff. Mr. Gary Leavell said this is very important. He believes it is a privilege, not a right, to smoke. This vote is for people and their health, not profit. He urges the council November 21, 2005 3 to do the fight thing for the people of Jeffersonville. Mr. Leavell says thank you for NAACP day. Mr. Betty Gabhart noted the Token Club where coffee and cigarettes are tools to help control addiction. As a business owner she wants the fight to control smoking. She also questions what the fine money will be used for. Ms. Heather Lakeman said this is not right and she has had a time with this. She does not believe the Council has the fight to tell business owners what they can and cannot do. She feels the public should vote. Mr. Kirk Singh feels this is a "done deal" and he hopes Mayor Waiz does the fight thing. Freedom is about living your life your way. He asked the power be turned back to the people. Ms. Deanne Archie is an 18 year-old college student and is not a smoker for a reason. Mr. John Harbeson said this is property fights and that is all it is. Ms. Shelly Anthony said smoking is not good. Her mother passed away nine months ago from smoking. She says protect the young that cannot vote. AGENDA ITEMS: Councilperson Wilson presented Ordinance No. 2005-OR-63, An Ordinance Regulating Smoking In Public Places And Places Of Employment for consideration. Councilperson Perkins reviewed 3 proposed amendments, making a motion to amend Ordinance No. 2005-OR-63. The motion failed due to a lack of a second. Attorney Merkley explained the "enforcement" amendment. Councilperson Sellers asked Building Commissioner Russ Seagraves what he estimates the cost of enfomement to be. Commissioner Seagraves estimates the first year cost to be $155,000. Councilperson McCauley noted a study that compliance is not a problem. Council President Grooms asked Commission Seagraves if enforcement could be done with less. He feels eventually complaints can be relied on. Mayor Waiz has talked with the Mayor of Columbus where a ban has been recently enacted. He plans to keep in touch with the results. He would like to see everything ironed out before passage. Councilperson Sellers feels this is a property fights issue that needs thorough study. It took Louisville two years. This has been done in the wrong manner. Councilperson McCauley noted November 21, 2005 4 Governor Daniels has said he wants Hoosiers healthy and to lead better lives. He does respect Councilperson Sellers, Zastawny, and Grooms. The question is which rights prevail; owners or workers. Food service is the fourth largest industry in the U.S. He feels it is the rights of workers to breath clean air. Council President Grooms has issues with the Ordinance. He has a problem with hotel rooms. He cannot support the Ordinance as written - it is about fairness. Councilperson Zastawny said the Ordinance is wrong in many areas. Workers should be protected. The Federal Government does that. Smoking is legal. Results have not been seen of what has been passed in Louisville. Councilperson Wilson made the motion to amend Ordinance No. 2005-OR-63 with the amendment marked "enforcement", second by Councilperson McCauley. Councilperson Perkins said he taught government and the constitution and many in his family have served to protect. This is a representative form of government and the Council does have the right to pass this Ordinance. The issue is of public safety and welfare of the public. The emails he has received have been 70% for passage and 30% opposed. The "enforcement amendment" passed on the following roll call vote. Ayes: Councilpersons Perkins, Fetz, Wilson, and McCauley. Nays: Councilpersons Zastawny, Sellers, and Grooms. Councilperson Wilson made the motion to pass Ordinance No. 2005-OR-63 as amended on the third reading, second by Councilperson McCauley. The motion carried on the following roll call vote: Ayes: Councilpersons McCauley, Wilson, Fetz, and Perkins. Nays: Councilpersons Grooms, Sellers, and Zastawny. The meeting was recessed from 9:10 P.M. until 9:25 P.M. Planning and Zoning Director Chester Hicks explained the need for passage of Ordinance No. 2005-OR-69, An Ordinance Amending Ordinance No. 91-OR-18, Section 156.011 (Filing Fees) and Ordinance No. 96-OR-28, Section 155.22-C (Preliminary Plat) and Ordinance No. 2000-OR-61, Article 12.4 (Schedule of Fees). Councilperson Fetz made the motion to pass Ordinance No. 2005-OR-69 on the second and third readings, second by Councilperson Perkins, passing on a vote of 6-0. Councilperson McCauley had not returned from the recess. November 21, 2005 5 Councilperson Zastawny made the motion to pass Ordinance No. 2005-OR-64, An Ordinance Of Additional Appropriation (EDIT-Sidewalks) on the second and third readings, second by Councilperson Perkins, passing on a vote of 6-0. Councilperson McCauley had not returned from the recess. Councilperson Sellers made the motion to pass Ordinance No. 2005-OR-65, An Ordinance For Post-Construction Storm Water Management on the second and third readings, second by Councilperson Wilson, passing on a vote of 7-0. Councilperson McCauley had returned from the recess for the vote. Councilperson Wilson explained the need for passage of Ordinance No. 2005- OR-69, An Ordinance Of Additional Appropriation (EDIT-Sidewalks Perrin Lane). Councilperson Perkins made the motion to suspend the rules for Ordinance No. 2005- OR-69, second by Councilperson Fetz, passing on a vote of 7-0. Councilperson Wilson then made the motion to pass Ordinance No. 2005-OR-69 on all three readings, second by Councilperson Perkins, passing on a vote of 7-0. Council President Grooms explained the need for passage of Ordinance No. 2005- OR-70, An Ordinance Of Additional Appropriation (EDIT-Sidewalks Hamburg Pike). Council President Grooms made the motion to suspend the rules for Ordinance No. 2005- OR-70, second by Councilperson Perkins, passing on a vote of 7-0. Councilperson Perkins hopes developers are required to provide sidewalks in the future. Council President Grooms then made the motion to pass Ordinance No. 2005-OR-70 on all three readings, second by Councilperson Sellers, passing on a vote of 7-0. Building Commissioner Russ Seagraves explained the need for passage of Ordinance No. 2005-OR-68, An Ordinance Amending Section 150.077 Of The Jeffersonville Municipal Code. Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-68 on the second and third readings, second by Councilperson Sellers, passing on a vote of 7-0. Building Commissioner Russ Seagraves next explained the need for passage of Ordinance No. 2005-OR-72, An ordinance Amending Section 150.075 Of The Jeffersonville Municipal Code. Councilperson McCauley made the motion to suspend the rules for Ordinance No. 2005-OR-72, second by Councilperson Wilson, passing on a vote of 7-0. Councilperson McCauley then made the motion to pass Ordinance No. November 21, 2005 6 2005-OR-72 on all three readings, second by Councilperson Wilson, passing on a vote of 7-0. Councilperson Fetz asked if there had been a negative decision regarding Appleby's request for a revolving loan. Councilperson McCauley does not feel the Revolving Loan Committee has the right to deny or affirm a request. Following all discussion, Councilperson Fetz made the motion to table the discussion, second by Councilperson Perkins, passing on a vote of 7-0. CLERK TREASURER COMMENTS: There were no Clerk Treasurer Comments. COMMITTEE REPORTS: Councilperson Perkins reported the annexation study is progressing at a slow but steady pace. He hopes for a meeting in December. Council President Grooms asked Mayor Waiz the status of the Fire Station Committee. Mayor Waiz said the committee would meet November 30 following the Board Of Public Works meeting. Council President Grooms met with Park Board Member Kevin LaGrange. They will be having a follow-up meeting. COUNCIL AND MAYOR COMMENTS: Councilperson Wilson has provided the Council with a Park claims list. Councilperson Sellers is working on a dangerous dog Ordinance. Councilperson Perkins has toured the River Fall Motel rooms and reports they are "not very fresh". There are two people interested in buying the property. There is a need for an R.F.P. to be done quickly. Attorney Merkley is working on this. Council President Grooms said this is the time for the Salary Ordinance for elected officials. Council President Grooms received a call from Mindy Christian regarding emergency preparedness. The Council will need to take a test. Council President Grooms, Councilperson Wilson, and Street Commissioner Ellis are working on a trash Ordinance. He referred to a letter regarding a meeting in Jasper on hometown matters. Council President Grooms thanked Officers Lovan and Seifried for their attendance this evening. He also announced the meeting with the Colgate delegation went well. November 21, 2005 Following discussion regard/ng a salary increase for elected officials,7 C°ancilperson Perkins made the motion to pass Ordinance No. 2005-0R. 73, An Ordinance Fixing Basic Salaries Of Elected Officials Of The City Of Jeffersonville, Indiana For The Year 2006 on the first reading, second by Cotmcilperson on the following roll call vote: Wilson, passing Ayes: Councilpersons Wilson, Sellers, Fetz, Zasto Nays: Councilpersons McCanley and Grooms. -,Why, and Perkins. Mayor Wa/z wishes all a Happy Thanksgiving trip home. As there was no further business to corn cil, the meeting adjourned 10:05 P.M. ~ was ROBERT L. WAIZ,/MAYOR ATTEST: PEGGY WILDER, CLERK AND TREASURER