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Home My WebLink About02-24-2003MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF JEFFERSONVILLE, INDIANA FEBRUARY 24, 2003 Mayor Galligan called the meeting to order at 9:40 a.m. and on call of the roll those members present Were: Parks Director Elliott sitting in for Councilperson Frantz and City Engineer Miller. Also present were: Wastewater Treatment Dir. Crawford, Vehicle Maintenance Director Drury, Personnel Director Ellis, Administrator Rich Davis, Animal Shelter Director Wilder, Planning and Zoning Director Padgett, Youth Director Knight, Safety Director Rodden, Engineer Dixon, Street Commissioner Grant, Redevelopment Asst. Director Robinson, Police ChiefPavey, and Clerk Lynne Mayfield. Councilperson Frantz made the motion to approve the payroll as presented, seconded by Parks Director Elliott and carded unanimously. HAVEN HOUSE WALK Youth Director Beverly Knight told the Board that a Haven House Walk will be held to raise money for the homeless. She requested that each department get a team together. She requested that the street be dosed in front of Warder Park from noon to 4:00 p.m. on April 6, 2003. The police department will furnish a lead vehicle for the walk and Street Commissioner Grant will furnish the barricades. Councilperson Frantz made the motion to approve the Haven House Walk, seconded by Parks Director Elliott and carried unanimously. STUDENT ACADEMY Youth Director Knight said she would like to do a student academy to let students have a better idea of what role each department plays in running the City of Jeffersonville. She wants to do this during the month of April on Tuesdays or Thursdays. She asked that the department heads let her know what day is best for them to do this. RESIDENTIAL PARKING Engineer Miller said a residential parking sign has been requested for 503 E. 7~h Street. Couneilperson Frantz made the motion to approve the resident only parking sign, seconded by Parks Director Elliott and carded unanimously. CONFIRMING CONDEMNATIONS City Attorney Galligan asked the Board to approve the Confirming Condemnation Resolutions on the Ward, Hollis, and Chapman properties. She said two appraisals have been obtained on each property with the highest appraisal being used. They are: #10/Hollis-$785.00, #9/Ward-S7,400.00, and #8/Chapmam$390.00. Attorney Mike Gillenwater appeared before the Board to remonstrate for the property owners. (remonstrance attached) Parks Director Elliott made the motion to approve the Confirming Resolutions, seconded by Councilperson Frantz and carded unanimously. RE-DO INITIAL CONDEMNATION RESOLUTION # 11 City Attorney Galligan asked the Board to approve the Initial Condemnation Resolution on the Lewman property. It is being re-done because of a publishing error. Councilperson Frantz asked if this property is in the City of Charlestown. She responded that it is not The remonstrance is scheduled for March 17, 2003 at the Board of Public Works meeting. Parks Director Elliott made the motion to approve the Initial Condemnation Resolution, seconded by Councilperson Frantz and carried unanimously. CROSSWALK Councilperson Frantz said that the crosswalk in front of the Courthouse needs to be painted with "Yield to Pedestrians". He said he has had a few close calls there. As soon as the weather warms up Street Commissioner Grant will take care of it. There being no further business to come before the Board the motion was made by Parks Director Elliott to adjourn at 9:50 a.m. seconded by Councilperson Frantz and carried unanimously. ATTEST: Before The City of Jeffersonville Board of Public Works and Safety IN RE: Condemnation of the Hollis, Ward & Chapman Tracts REMONSTRANCE This petition comes pursuant to lC 32-24-2-8, as a formal objection and remonstrance in response to a resolution adopted by the Jeffersonville Board of Public Works and Safety on December 23, 2002 condemning certain real properties pursuant to Indiana Code 32-11-1.~5 et. seq. In response, the aggrieved petitioners state and affnm the following: 1. That the proposed condemnation proceeding affects the following properties in the following manner: CHAPMAN TRACT: Real property being a p art o fS urvey #53 of the I llinois Grant, Utica Township, Clark County, Indiana, more particularly described as a strip of ground 20.00 feet in width for a permanent Sanitary Sewer Easement passing through that property recorded in Deed Drawer 23, instrument #10245, running through said tract immediately adjacent to and North of an existing creek running through said property for an approximate length of 100.00 feet, and also a 20.00 foot temporary construction easement immediately North of said permanent easement. WARD TRACT: Real property being a part o fSurvey #71 of the Illinois Grant, Utica Township, Clark County, Indiana, more particularly described as a strip of ground 20.00 foot in width for a permanent Sanitary Sewer Easement passing t trough t hat property recorded i n D ced D rawer 2 instnunent #3272 running through said tract immediately adjacent to and North of an existing creek running through said property for an approximate length of 1200 feet, and also a 20.00 foot temporary construction easement immediately North of said permanent easement. HOLLIS TRACT: Real property being a part o f Survey #70 of the Illinois Grant, Utica Township, Clark County, Indiana, more particularly described as a strip of ground 20.00 foot in width for a permanent Sanitary Sewer Easement passing through that property recorded in Deed Drawer 31, instrument # 14814, nmning through said tract immediately adjacent to and North of an existing creek running through said property for an approximate length of 200.00 feet, and also a 20.00 foot temporary construction easement, immediately North of said permanent easement. GROUNDS FOR REMONSTRANCE The aggrieved property owners state the following grounds supporting this remonstrance and objection: 1. That the Jeffersonville Board of Public Works and Safety has based its resolution to condemn these properties pursuant to IC 32-11-1.5, which has actually been repealed by the state legislature and replaced by IC 32-24-2 et seq.. 2. That The remonstrators were not properly served and do not waive the requirement of service,-and IC 32-24-2-8(b) states: (b) When the assessments or awards are completed, the works board shall have a written notice served upon the owner of each piece of property, showing the amount of the assessment or award, by leaving a copy of the notice at the owner's last usual place of residence in the municipality or by delivering a copy to the o~vner personally. 3. That as is clear from the subsection cited above, the condemnation proceeding is anticipated to be allowed "in the municipality", and not outside the municipal limits. 4. That IC 32-34-2 et seq. gives the Jeffersonville Board of Public Works and Safety has no anthority whatsoever to condemn property outside the municipal limits of Jeffersonville. 5. That the Jeffersonville Board of Public Works and Safety has no authority whatsoever to condemn property within the boundaries of another municipality. 6. That the properties the Jeffersonville Board of Public Works and Safety is attempting to condemn are located in the city of Charlestown, Indiana. 7. That according to IC 36-1-3-9(c), when a statute authorizes a mumc~pality to exercise power outside its corporate boundaries, that power may be exercised inside the corporate boundaries of another municipality, only if both municipalities enter into an agreement allowing such exercise of power. 8. That the City of Charlestown has not authorized the condemnation of the affected properties described in this remonstrance. 9. That the value assigned to the properties that the Jeffersonville Board of Public Works and Safety is attempting to condemn is based upon inaccurate and incomplete information and is not adequate to compensate the remonstrators for the taking proposed by the Board. 10. That the procedures followed by the Jeffersonville Board of Public Works and Safety is flawed in that it denies the remonstrators, and those similarly situated, due process. WHEREFORE, the aggrieved property owners in this remonstrance respectfully request that the Jeffersonville Board of Public Works and Safety rescind its resolution to condemn these properties. Prepare~by:/..~ f') /~ ~ /~ 1Vii~hael A. Gi~enwater, 8459- Attorney for Remonstrators 411 Watt St. Jeffersonville, IN 47130 (812) 288-4442 m Individua CI Team: Team Name Team Captain's Name First Name - Last Name Address City State Zip Phone E-mail e ClMale nFemale Sponsor Name Address/City/Zip Phone Amount 1, [~' o~ :p]®~e ~ 2. 3. 16. 17. 18. 19 .... 20. , I _/ J:lJ~,,,l,~.,,~.,:.,m~; Total: Walker Signature Parent/Guardian Signatura(forwalkersunder18yeais0fa~e) :~ The Jeffersonville Youth Commission Student Academy will provide studeii~ts with. an interactive learning experience about the City of Jeffersonville. Students will learn about city programs, services, budgets and day-to-day operations. The JYC Student Academy will be a four week course beginning ending and Ail classes will meet on the 34 floor of the City/County Building, 501 E Court Ave in Jeffersonville. All tours will proceed from there. All students who are interested in learning more about their city government are encouraged to attend. JYC Student Academy Class Schedule Date 5:30- 7:30pm WelcOme Date 5:30 - 7:30pm Redevelopment History of Jeffersonville Mayor Planning and Zoning citY Engineer Clerk/Treasurer Date 5:30 - 8:00pm Animal Shelter (Presentation and tour) Fire Department (Presentation and tour) EMC Sewage Plant (Presentation and tour) Parks Department (Presentation and tour) Date 5:30 - 7:30pm CitY Council Police Department (Presentation and tour) Graduation ~mopg~v luopnls uo!ss!mmoD qlnoj~ olI!~uosjojjo£ Indiana's 5K Walk to F Homelessness January 27,2003 Dear Friend: On Sunday, April 6, 2003 the citizens of Southern Indiana will host "Homeward Bound - Indiana's 5K Walk to Fight Homelessness. Six walks for homelessness will be conducted across Indiana in the spring of 2003. Thousands of people from dozens of area community organizations and businesses will walk five kilometers with their employees, their families and friends. Senator Evan Bayh, Congresswoman Julia Carson, and Mayor Tom Galligan are serving as .Honorary Chairs of this coordinated statewide effort to strengthen programs that help to house homeless persons and prevent homelessness. It will be a unique opportunity to raise public awareness and enhance needed resources for more than one dozen local service providers. Funds raised locally stay in the local area. This walk event will benefit the following four local homeless and affordable housing providers in Clark/Floyd counties: Community Action of Southern Indiana, Haven House Services, and The Salvation Army New Albany Corps. We are asking you to help us by considering sponsorship of this event and/or forming an employee walk team to raise needed funds to continue the important programs offered by these community-based service providers, Your leadership will be invaluable in the process of building a positive and fun family event that has a very important focus. With a minimal investment of your time and resources, you can assist the agencies doing important work to end homelessness in your area. Attached, please find a simple form to fill out to get your team started. Also provided is a listing of sponsorship packages if you wish to come on board as a corporate partner. We will be in touch soon to discuss your participation or answer any questions you may have. If you have immediate questions or need any additional information, please call Brittany at 812- 284-3373, ext.110 or by e-mail at HavenHouse96@hotmail.com Sincerely, Haven House Services Inc. Corporate Sponsorship Chair Thank you for your consideration of this request. News and Journal Chem Trusion Homeward Bound - Indiana's 5K Walk to Fight Homelessness (Southern Indiana HOMEWARD BOUND- Southern Indiana PO Box 1544 [ Jelfersonville, IN 47131 Phone 812.284.3373 x1101 Fax 812.284.1665 www.homelesswalks.org CITY OF JEFFERSONVILLE STATE OF INDIANA COUNTY OF CLARK I, the undersigned, do hereby appoint Rick Elliott to serve in my absence as a member of the Jeffersonville Board of Public Works and Safety for the City of Jeffersor,/~lle, Indiana on February 3, 2003. ThOmas R. Galligan / Mayor of Jeffersonville STATE OF INDIANA SS: COUNTY OF CLARK I, ~-/'~/'~--~'~ do 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. Rick Elliott Subscribed and sworn to before me this 2003· ~hom~as R. Ga 'g Mayor of Jeffersonvill~ H:\Legal\MAYOR~Appointments\Member PBW.doc · day of February--