HomeMy WebLinkAbout08-19-02COUNCIL PROCEEDiNGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
AUGUST 19, 2002
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 the 19th day of August, 2002.
Mayor Thomas R. Galligan called the meeting to order with Clerk Treasurer
Peggy Wilder at the desk. Also present were City Attorney Anne Made Galligan, and
Deputy Clerk Barbara Hollis. Mayor Galligan welcomed all in attendance, asking all
those present to stand as Councilperson Ron Ellis 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 Ron Ellis, Les
Merkley, Denny Frantz, Rob Waiz, Barbara Wilson, Ron Grooms, and Vicki Conlin.
Absent: None
Agenda item #11 has been rescheduled for the next Council meeting. It was
requested agenda item #21 be heard following agenda item #12 as they are related.
Councilperson Grooms then made the motion to approve the agenda as amended,
seconded by Cotmcilperson Conlin, passing unanimously.
Mayor Galligan presented the minutes of the workshop of July 15, 2002, the
meetings of July 15, 2002, July 29, 2002, and August 5, 2002 for consideration by the
Council. Councilperson Grooms made the motion to approve the minutes of the July 15,
2002 workshop as submitted, seconded by Councilperson Waiz, passing on a vote of 6-0-
1. Councilperson Ellis abstained stating he was not in attendance for the workshop.
Councilperson Grooms then made the motion to approve the minutes of the July 15, 2002
meeting as presented, seconded by Councilperson Merkley, passing on a vote of 6-0-1.
Councilperson Ellis abstained stating he was not in attendance for the meeting.
Councilperson Wilson made the motion to approve the minutes of July 29, 2002 meeting
as presented, seconded by Councilperson Grooms, passing on a vote of 6-0-1.
Councilperson Waiz abstained. Councilperson Wilson then made the motion to approve
August 20, 2002 2
the minutes of the August 5, 2002 meeting as presented, seconded by Councilperson
Waiz, passing unanimously.
Clerk Treasurer Wilder presented the claim list for consideration by the Council.
The claim to Main Street, that a transfer was made to cover at the last meeting, was
approved. Councilperson Conlin questioned the claim to Jacobi, Toombs, and Lanz for
redistricting. Councilperson Ellis said he could not support another payment to Jacobi,
Toombs, and Lanz for this. Councilperson Grooms commented that it is not in the best
interest of the taxpayer to use promotion money to pay for advertising and golf. At the
conclusion of all discussion, Councilperson Grooms made the motion to approve the
claims as submitted, seconded by Council President Frantz, passing on the following roll
call vote:
Ayes: Councilpersons Merkley, Frantz, Waiz, Wilson, and Grooms.
Nays: Councilpersons Ellis and Conlin.
PUBLIC COMMENT:
Ms. Candy Nolan appeared before the Council as a board member of Metro
Disability Coalition, to invite all to Breaking Barriers Awards 2002. The event will be
held Monday, September 23, 2002. Ms. Nolan represents Southern Indiana on the Board.
Mayor Galligan thanked Ms. Nolan for all the work she is doing for this side of the River.
AGENDA ITEMS:
Councitperson Conlin made the motion to pass Ordinance No. 2002-OR-18, An
Ordinance Amending Certain Portions Of Section 1 Of Ordinance No. 2001-OR-25, An
Ordinance Fixing Basic Salaries Of Appointed Officers And Employees Of The City Of
Jeffersonville, IN For The Year 2002 (Animal Shelter) on the second and third readings,
seconded by Councilperson Merkley, passing on a vote of 6-1. Councilperson Ellis voted
against passage.
Ms. Jill Saegesser of River Hills, and Ms. Kathy Hailer appeared before the
Council to explain Resolution No. 2002-R-23, Resolution Of The City Council Of
Jeffersonville, Indiana, Authorizing The Submittal Of The CFF Application To The
Indiana Department Of Commerce And Addressing Related Matters. Councilperson
Conlin made the motion to pass Resolution No. 2002-R-23, seconded by Councilperson
Grooms, passing unanimously.
August 20, 200~ ~
City Attorney Anne Marie Galligan explained Resolution No. 2002-R-24, A
Resolution Of The Common Council Of The City Of Jeffersonville, Indiana Providing
Preliminary Approval Of The Issuance Of Bonds For The Purpose Of Providing
Financing Of Certain Economic Development Facilities To Be Owned And Operated By
Southern Indiana Mental Health And Guidance Center, Inc., D/B/A Lifespring.
Councilperson Conlin made the motion to pass Resolution No. 2002-R-24, seconded by
Councilperson Merkley, passing unanimously.
Ms. Judy Sapp, a disability advocate, appeared before the Council to say that
Mayor Galligan has not returned her calls. She wants to meet with him to notify him of
plans regarding parking in downtown. She is led to believe that he does not support the
plan. Jeffersonville has been fined in the past for non-compliance. Ms. Sapp also stated
Attorney Galligan did not return calls and publicly said she refuses to meet with her and
refuses to talk to her. She called and was treated poorly by a representative of the Mayor.
The behavior she has experienced has been inappropriate and not a good representation.
Mayor Galligan told Ms. Sapp she could talk to business owners as he felt the business
owners would help. Ms. Sapp noted there is no provision for heating impaired or no
interpreter service available at the meetings. Also there is no Title I or Title II
representative and no grievance procedure in place. Ms. Sapp feels she has been
discriminated against. She does expect calls to be returned. Mayor Galligan stated he
has asked Ms. Sapp to put her questions in writing. Ms. Sapp replied she does not have
to. Mayor Galligan explained if questions are in writing there is no misunderstanding
and there will be a record. Ms. Candy Nolan stated she feels questions should be put in
writing so there is no question. Councilperson Merkley asked who is in charge of ADA?
Mayor Galligan answered Bob Miller. Councilperson Conlin said when Mr. Harold
Lakeman was in charge there was a manual. Attorney Galligan has not been able to find
any of the records from the previous administration. Mayor Galligan said the City is not
trying to run from their responsibility. There has never been a need for an interpreter.
Ads have been put in the newspaper regarding curb cuts. He is not trying to keep from
doing anything, he is trying to help those that need help. Councilperson Grooms made
the motion to hold a workshop Monday, September 30, 2002 at 6:30 P.M. in the Mayor's
Conference Room with a representative to inform the Council on the disability needs.
August 20, 2002 4
All agreed. Clerk Treasurer Wilder explained she is working on a TDD line.
Councilperson Merkley seconded the motion for a workshop, which passed unanimously.
Ms. Audrey Canterbury appeared before the Council to request handicap parking
in the downtown area. Councilperson Conlin has suggested one handicap spot at each
end o£each block in downtown.
Clerk Treasurer Wilder explained the need to let the Mayor's veto of Ordinance
No. 2002-OR-15, An Ordinance Of Additional Appropriation (Court Avenue Extension)
stand. The Council took no action.
Clerk Treasurer Wilder explained Ordinance No. 2002-OR-16, An Ordinance
Authorizing The Jeffersonville Clerk Treasurer To Seek A Temporary Short Term Loan
In Anticipation Of Current Revenues, asking Attorney Galligan to explained the
Amended And Restated Ordinance No. 2002-OR-22, An Amended And Restated
Ordinance Of The City Of Je£fersonville, Indiana Authorizing The Issuance And Sale Of
Bonds Of Said City For The Purpose Of Providing Funds To Be Used For The Cost Of
, And Incidental Expenses In Connection Therewith And On Account Of
The Issuance Of The Bonds Therefor. Attorney Galligan said the City is not able to
borrow against tax revenues. Councilperson Ellis stated passing this Ordinance would
cause a tax increase. Clerk Treasurer Wilder explained the City is responsible to pay
health insurance claims under the contract. Councilperson Conlin is concerned about
borrowing $1.3 million. Clerk Treasurer Wilder suggests the Council approve a loan for
drawdowns. Councilperson Grooms made the motion to remove Ordinance No. 2002-
OR-16 from table status, seconded by Councilperson Ellis, passing unanimously. Clerk
Treasurer Wilder reviewed the debt payment schedule. Councilperson Grooms made the
motion to pass the original form of Ordinance No. 2002-OR-16 on the second and third
readings, seconded by Councilperson Conlin. Council President Frantz made the motion
to pass Amended And Restated Ordinance No. 2002-OR-16, seconded by Councilperson
Merkley. Councilperson Conlin is uncomfortable with the Ordinance as it contains
blanks. Councilperson Ellis said passing this will raise property taxes $.38 to $.40 and it
is ridiculous to burden the taxpayer. Councilperson Ellis said he wants to look at cutting
back to where the City can live within its means. Councilperson Grooms would like to
go ahead with borrowing $500,000 until the budgets are done and then look at a bond.
August 20, 2002 5
The vote to pass the Amended and Restated Ordinance No. 2002-OR-16 failed on a vote
of 1-6. Councilpersons Merkley, Ellis, Waiz, Wilson, Grooms, and Conlin voted against
passage. The following roll call vote was then taken on Ordinance No. 2002-OR-16.
Ayes: Councilpersons Frantz, Grooms, and Conlin.
Nays: Councilpersons Merkley, Waiz, and Wilson.
Abstain: Councilperson Ellis.
Mayor Galligan, noting the need to pay our bills, broke the tie with a yes vote,
thus passing Ordinance No. 2002-OR- 16.
Councilperson Grooms then made the motion to pass Ordinance No. 2002-OR-22,
An Amended And Restated Ordinance No. 2002-OR-16 on the first reading, seconded by
councilperson Conlin. The motion failed on the following roll call vote.
Ayes: Councilpersons Conlin, Grooms, and Frantz.
Nays: Councilpersons Wilson, Waiz, Ellis, and Merkley.
Clerk Treasurer Wilder explained Ordinance No. 2002-OR-19, An Ordinance
Transferring Certain Funds Within Same Department (Animal Shelter). Councilperson
Conlin made the motion to pass Ordinance No. 2002-OR-19 on the second and third
readings, seconded by Councilperson Waiz, passing on a vote of 6-1. Councilperson
Ellis voted against passage.
Councilperson Ellis made the motion to pass Ordinance No. 2002-OR-20, An
Ordinance Establishing An Animal Control Authority on the second reading, seconded by
Councilperson Waiz. Councilperson Grooms made the motion to amend Ordinance No.
2002-OR-20, on page 1, Article 2, inserting Clark County instead of Jeffersonville, and
page 2, article 3 changes in the Board. seconded by Councilperson Ellis, passing
unanimously. Councilperson Conlin then made the motion to amend Article 7, by
removing "and shall therein recommend the compensation for each of the employees of
the Authority", seconded by Councilperson Ellis passing unanimously. The motion to
pass Ordinance No. 2002-OR-20, as amended, on the second reading passed on a vote of
6-0-1. Councilperson Conlin abstained.
City Court Judge Vicki Carmichael appeared before the Council to explain the
need to pass Resolution No. 2002-R-25, A Resolution By The Common Council Of The
City Of Jeffersonville To Approve City Court Lease Agreement For The Purchase Of
August 20, 2002 6
Document Imaging Equipment And Software. Councilperson Conlin made the motion to
pass Resolution No. 2002-R-25, seconded by Councilperson Wilson, passing on a vote of
6-1. Councilperson Grooms voted against passage, stating he has a problem with the
purchase of anything at this time.
Mr. Harold W. Cox Jr., appeared before the Council to request passage of
Ordinance No. 2002-OR-23, An Ordinance Changing The Zoning Map Designation OrA
Certain Tract Of Property Being Part Of Survey No. 10 Of The Illinois Grant From RI:
Low Density Residential To M2: Multifamily Residential. Mr. Cox explained the plans
are for a senior-targeted development. Councilperson Ellis voiced concerns for the
location in relation to the quarry. Mr. Cox explained he plans to disclose the proximity to
the quarry. Attorney Galligan reported the Plan Commission had one speaker in favor of
the plan and there was no opposition. Councilperson Frantz also voiced concern for the
location as it relates to the quarry. Councilperson Ellis asked if Mr. Cox would advise
potential buyers they will experience cracks and that nails will work out. Councilperson
Frantz also voiced concerns for traffic from Reeds Lane onto l0th Street. At the
conclusion of all discussion, Councilperson Waiz made the motion to pass Ordinance No.
2002-OR-23, seconded by Councilperson Grooms, passing on a vote of 5-2.
Councilpersons Ellis and Frantz voted against passage.
Councilperson Conlin stated two weeks ago a young lady lost her life due to a
horrible accident. She hopes the Council will address safety procedures of volunteer
emergency vehicles. She would like all to work together on this. Mayor Galligan has
asked the volunteer Fire Chief to come in and talk with the Police Chief. Councilperson
Conlin would like to follow up with the State Legislators.
Clerk Treasurer Wilder announced this meeting has been advertised as a public
hearing on Ordinance No. 2002-OR-26, Ordinance Of Appropriations And Tax Rates,
asking for public comment. Councilperson Merkley voiced his concern for the
challenges this budgets presents (statement attached). Mayor Galligan said he would like
to have three Councilpersons work with him and bring the results back to the Council. A
large chunk of the increase is the health insurance. There being no further comment,
Councilperson Merkley made the motion to table Ordinance No. 2002-OR-26, giving it
back to Mayor Galligan asking that he resubmit it at the maximum levy within one week.
August 20, 2002 7
It was agreed to schedule budget workshops for August 27, 28, and 29, September 3, 4,
and 5, at 6:30 P.M. Councilpersons Grooms, Waiz, and Frantz will meet with Mayor
Galligan August 22 at 9:00 A.M. and Councilpersons Conlin, Wilson, and Merkley at
5:00 P.M. Councilperson Ellis does not feel the workshops will be productive, so he will
not participate. The motion to table Ordinance No. 2002-OR-26 carded unanimously.
Clerk Treasurer Wilder explained Ordinance No. 2002-OR-27, An Ordinance
Fixing Basic Salaries Of Appointed Officers And Employees Of The City Of
Jeffersonville, Indiana For The Year 2002. Councilperson Merkley made the motion to
table Ordinance No. 2002-OR-27 until the meeting scheduled for September 3, 2002,
seconded by Councilperson Wilson passing unanimously.
Attorney Galligan explained Resolution No. 2002-R-26, A Resolution Approving
Lease Financing Agreement For Purchase of Fire Truck. Councilperson Contin made the
motion to pass Resolution No. 2002-R-26, seconded by Councilperson Grooms, passing
on a vote of 6-1. Councilperson Ellis voted against passage.
Vehicle Maintenance Director Mike Drury appeared before the Council to request
an additional $50,000 for fuel, explaining he is working with the same budget since 1999.
Councilperson Ellis questioned how much more fuel is used by driving to the new garage
location fi'om downtown. Director Drury said he does not have that information.
Approximately 3,500 gallons of fuel are needed each week. At the conclusion of all
discussion, Councilperson Conlin made the motion to pass Ordinance No. 2002-OR-28,
An Ordinance Transferring Funds Within Same Department (Cumulative Capital
Improvement - $20,000 fi.om Court Avenue Extension to Fuel), on the first reading,
seconded by Councilperson Waiz, passing unanimously.
COUNCIL AND MAYOR COMMENTS:
Mayor Galligan invites all to participate in a ceremony September 11, 2002 at
noon in front of the Court House. Mayor Galligan said it is important to remember those
that lost their lives, not only in the buildings, but the heroes on the airline.
' August 20, 2002 8
There being no further business to come before the meeting was adjourned at
10:10 P.M.
THOMAS R. GALLIGAN, M~tOR
ATTEST:
PEGGY WILDER, CLERK AND TREASURER
August 11, 2002
To: Peggy Wilder
I would like to be added to the agenda for the City Council
Meeting on August 19,2002 regarding the NEED for handicapped
parking throughout the city of Jeffersonville. As of the present
time the city is not accessible to everyone. I am elderly and
disabled and mobile only through the use of a walker. In order to
the city to be accessible to myself and others disabled with
mobility issues it is necessary that handicapped parking be added
by the city even though it is not mandated. I would very much like
to enjoy the downtown area to shop, eat etc but I cannot.
If there are any questions I can be reached at 288-7661.
Sincerely. Ms. Audrey Canterbury
METRO DISABILITY COALITION
Presents
BREAKING BARRIERS
AWARDS 2002
Keynote Speaker
Marca Bristo
Chair of the National Council on Disability and President and
Chief Executive Officer of Access Living in Chicago
Monday, September 23rd
Reception - 6:30 p.m.
Awards Ceremony - 7:30 p.m.
Jewish Hospital Rudd Heart and Lung Center
201 Abraham Flexner Way, Louisville, KY
Contact the MDC Info Line at 894~0197 for more information
Sponsored by Frazier Institute (Labor Donated)
COUNCILPESON MERKLEY COMMENTS ON BUDGET PROPOSAL
August 19, 2002
Tonight we begin the long and difficult budget process. The budget before us is
one that the administration has submitted to the council for review and consideration.
The clerk/treasurer's office tells me that this is a budget that calls for nearly $1.4
million of Spending above the city's maximum levy, which is the amount the state will
allow us to raise in tax dollars. So even if the council concluded that this budget was
worthy of adopting, we couldn't do so because it's illegal. It's a budget that calls for at
least $4 million more in spending than last year's budget (see attachment). More
importantly, the adminstration's budget calls for a 50 percent tax increase. All of which
is unacceptable.
While there are certain increases in operating expenses that are out of our control
such as health insurance, fuel, and sanitation, the council is committed to adopting a
budget that addresses these issues, but in a fiscally prudent manner.
The council is committed to fiscal responsibility. For example, the overall city
operating budget has increased from $13.5 million in 1999 to $14.7 million this year.
Meanwhile, the tax rate has fallen almost five cents.
Of c6urse, this year the budget process is complicated even more because the state
is revamping the property tax system by assessing property based on fair market values.
Nobody knows how that will affect revenues. The state tells us to base next year's
budget on 90 percent of this year's assessed valuation. We're told that property bills may
not be mailed until early summer, meaning the city may not have any revenue for at least
six months into next year.
I hope the council and the administration can work together to find a solution to
the budget xvoes. But the council cannot begin the budget process until it has a proposal
that is more realistic than this one. Therefore, 1 move that the budget proposal be
returned to mayor, without any formal action, and ask that the mayor re-submit a budget
(no later than next Monday) that calls for spending at least under the maximum levy.
CITY BUDGET COMPARISION
2002 VS. 2003
2002
2003
$14,771,813
$18,796,682 (PROPOSED)
$4,024,869
INCREASE 0 VER 2002
Proiections i[ proposal adopted:
I. 50% proper~y tax increase
2. $1.4 million above the maxintun~ levy