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Home My WebLink About02-03-2003MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF JEFFERSONVILLE, INDIANA FEBRUARY 3, 2003 In Mayor Galligan's absence Engineer Miller called the meeting to order at 9:30 a.m. and on call of the roll those members present were: Councilperson Frantz and Parks Director Elliott sitting in for City Engineer Miller. Also present were: Safety Director Rodden, Wastewater Treatment Director Crawford, Administrator Rich Davis, Fire Chief Smith, Redevelopment Director Robinson, Building Commissioner Gavin, Vehicle Maintenance Director Drury, Street Commissioner Grant, Planning and Zoning Director Padgett, Personnel Director Ellis, Police Chief Pavey, Animal Shelter Director Wilder, Engineer Dixon, Sewer Office Manager Johnson, and Deputy Clerk Lynne Mayfield. Councilperson Frantz made the motion to approve the payroll as presented, seconded by ~r'-'"Parks Director Elliott carried unanimously. Councilperson Frantz made the motion to approve the claims as presented, seconded by Parks Director Elliott and carded unanimously. CONDEMNING RESOLUTIONS 1,2.and 3 Builder Bob Lynn and his Attorney Greg Fifer appeared before the Board in regard to the action to table the Condemnation Resolutions 1,2, and 3 last week. Attorney Gillenwater last week argued before the Board that the property in question is being annexed by the City of Charlestown so therefore Jeffersonville cannot put sewers on it. Attorney Filer said that under Indiana law that the annexation ordinance does not take effect until at least 90days after it's publication. He said the effective day would be February 14, 2003. Paralegal Sharon King then asked the Board to approve the Condemning Resolutions #1, #2, and #3. Councilperson Frantz asked if there is anything stopping this area from being annexed on February 14, 2003. Attorney Filer said the only thing that would stop it would be ifa lawsuit were filed. Councilperson Frantz asked if anyone has filed and Attorney Filer replied no. Attorney Gillenwater said it is too late for an appeal of the annexation and a remonstrance takes 65% of the landowners to join into it and 70% of the landowners have asked to be annexed. Attorney Filer said it's simply not true that Jeffersonville can't operate in property annexed by Charlestown. Attorney Fifer thinks there will be a legal challenge to the annexation. Engineer Miller said he has done some checking and he knows for a fact that Sellersburg has got a sewer that crosses the Floyd County line. That means f""~hat any municipality can move in to an area that's got the sewers, said Miller. Councilperson Frantz said his feeling is that City services of any kind shouldn't be extended anywhere that's not going to be annexed by the City. Attorney Fifer said a few weeks back there was application to voluntarily annex this parcel into the City of Jeffersonville. He said he went to the Clerk Treasurer's office and was told it had been taken off the agenda. Attorney Fifer confirmed it with the Mayor's office and was told it had been turned down. He said Mr. Lyrin is proposing to build all the sanitary sewer line in the existing easement and to fund it. Attorney Gillenwater said there are five pending lawsuits in regard to this property and if this action is taken to condemn these properties there will be six lawsuits. He said the City Attorney has an interest in this property as Trustee and there are issues related to that. He said Charlestown will provide sewers to that area since it is annexing it. Engineer Miller said it is his understanding as of last week that City Attorney Galligan doesn't own any of the property. Bob Lynn said he is the deed holder of the property and has followed all procedures and rules. He said Charlestown doesn't have the capability or funding to ever provide sewers. Parks Department Director Elliott said this matter won't be settled here but he made the motion to approve the condemnation of the properties in question, seconded by Engineer Miller and carded unanimously. Attorney Gillenwater requested some public records in regard to the Hollis, Chapman, and Ward Condemnations. CONDEMNATION RESOLUTION 2003-R-4 Parks Director Elliott made the motion tb ~pproCe the initial condemnation resolution for a sewer easement on the Leman property that is between Salem-Noble and Stacy Road, seconded by Councilperson Frantz and carded unanimously. STREET DEDICATION Engineer Miller asked for approval of the dedication of Childer's Drive from Gardner Boulevard to East Brooke and East Brooke from Tenth Street to Gardner. Councilperson Frantz made the motion to approve the dedication, seconded by Parks Director Elliott and carried unanimously. ROSE I-fiLL NEIGHBORHOOD Henry Sanders appeared before the Board to request improvements for the Rose Hill neighborhood. Engineer Miller said he and Planning and Zoning Director Padgett would get with Mr. Sander's on a plan and will bring back to the Board at a later date. NELLIE KNOWLAND Mrs. Knowland said trash needs to be picked up at Burnside and Magnolia Avenue. Engineer Miller said it will be cleaned up. PROMOTIONS Police Chief Pavey asked the Board to approve two promotions effective February 1, 2003. He would like to promote Don Grimes to Captain and John Beury to Lieutenant. Councilperson Frantz made the motion to approve the promotions, seconded by Parks Director Elliott and carried unanimously. There bein~no further business to come before the Board the motion was made by Parks Director Elliott to ~jo~r~ ~ 10:00/a~)n.,[r)e,~Se~ by Councilperson Frantz and carried unanimously- ATTEST: f.~..TCLERK TREASURER P~DLICE DEPARTMENT THOMAS R. GALLIGAN Mayor MICHAEL PAVEY Chief of Police 812 - 283 - 6633 office 812 - 285 - 6536 fax City - County Building 501 E. Court Avenue Jeffersonville, Indiana 47130 February 3, 2003 Mayor Tom Galligan Members of the Board of Public Works and Safety Peggy Wilder, Clerk Treasurer Dear Sir or Madam: I am requesting authorization to promote the following officers: Donald Grimes to the permanent rank of Captain John Beury to the permanent rank of Lieutenant. BOth officers have comple{ed the written testing, oral board and chiefs interviews. They are the next to be promoted from the testing process. These openings in rank are due to a retirement. I am requesting that the promotions go into effect as of today date. Thanks in advance for your consideration. Sincerely, _ ~-- .. ~ Michael Pavey Chief of Police An equal opportunity employer. Michael A. Gillenwater ATTORNEY AT LAW 411 Watt Street JEFFERSONVlLLE, INDIANA 47130 (812) 288-4442 Fax Number (812) 288-4451 February 3, 2003 City of Jeffersonville Board of Public Works and Safety Hand Delivered RE: Condemnation of the Hollis, Ward, and Chapman tracts Deaf Sirs, This is a request for public records, pursuant to IC 5-14-3 et seq. Please immediately make available to me for review and provide me with all written instruments received by the Board of Public Works relating to the condemnation proceedings relating to the Hollis, Ward, and Chapman tracts of land located at or near Stacy Road in Charlestown, Indiana. These tracts were the subject of business by the Board on the 20th of January 2003, as well as on other dates. Also requested is any written disclosure from Anne M. Galligan, city attorney, relating to any past or present interest she has or does have in the real property intended to be served by the sewer line that is the stated purpose of the easements being condemned. I' appreciate your prompt attention in this matter. Please contact me at the address and phone number above if you have any questions comments or concerns. Otherwise, I will expect to accept delivery of the copies requested at 1:00 p.m. Wednesday, February 5th, 2003 Sincerely, ~!chael A. Gillemvat MAG:smd CITY OF JEFFERSONVILLE STATE OF INDIANA COUNTY OF CLARK I, the undersigned, do hereby appoint Robert Miller to serve in my absence as President of the Jeffersonville Board of Public Works and Safety for the City of Jeffersonvill~,Indiana on February 3, 2003· · Galligan Mayor of Jeffersonville STATE OF INDIANA SS: COUNTY OF CLARK I,~~~. ,~ solemnly swear and affirm that I will support, protect and defend the constitution of the United States of America and the constitution of the State of Indiana and that I will discharge the duties of my office with fidelity; that I have not paid or contributed, either directly or indirectly, any money or other valuable thing to procure my appointment, except for necessary and property expenses expressly authorized by law, that I will not knowingly receive, directly or indirectly, any money or other valuable thing for my performance or non-performance of any act or duty pertaining to my office other than the compensation allowed by law. So Help Me God. ed and sworn to before me this ~-Thomas R. Galligan ~ /~/ ' Mayor of Jeffersonville ~j/ 2 03 day ofl xmry, ·