HomeMy WebLinkAbout01-06-97 COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF TI~..cTrY
OF JEPI~'~:KgONVII,LE, ~A
JANUARY 6, 1997
The Comnoa Com~ oflhe City of Jeffer~onville met in regular session in the Multi-Purpose
Meeting Room in the City-County Building, Jeffersonville, Indiana at 7:00 P..M. on the 6th day of
January, 1997.
The meeting was cailed to order by Mayor Thomas P~ Gailigan, with Clerk and Treasurer
C. Richard Spencer Jr., at the desk. Mayor Gailigan welcomed ail in attendance, asking ail those
p~sent to stand as Coun¢ilperson Ron Ellis gave the invocation. He then asked ail those present to
join him in the pledge ofailegiance to the fla~
The roll was cailed and those present were Coua¢ilperaoas John Perkins, Ron Ellis, Donna
M. Frantz, Peggy Kuight Wilder, B, bara Wilson, Vicky Conlin, and Andrew Williams
Absent: Non~...
Mayor Gailigan presented the minutes of the meetings of December 6, 1996, ami December
16, 1996 for consideration by the Council. Couacilperson Cenlin made the motion to approve the
minutes as pies~nted~ seconded by Couaoilperson Wild~r, and carried uaaaimoasly.
Clerk and Treasurer Spencer presented the claim list for ennsideratien by the Coua¢il,
explaining additionai claims. Clerk and Treasta-er Spencer aiso presented, ba~k to the Council, a
cl~,iminl~ amount of $54,000 as a locai match for a grant The grant had not been si~ned at the time
of original presentatioa. He then read a paragraph from a letter he received from City Attorney
Sedwi~k at~ start of this meeting. The letter stated that interest has been charged due to the lack of
p~fment in a timely rammer. Clerk and Treasurer Spencer said he does take exception to this as the
claim in question was not presented to the Clerk and Treasurer's Olliee ,mtil last Thursday (January
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iJ~NUARy ~6, 1997
2, 1997). He has no problem with the Redevelopment Commiasion m,~orizingpayment ofclaims.
The problem he has is with paying money from the Drainage Fund into the Dep~/ment of
Redevelopment. He requests written direction from the City Attorney as the grant applicaton states
the matching funds would come from the Sower Improvement Fund. He would have no problem
paying this claim if the funds were to come fi.om the Sewer Improvement Fund. Attorney Sedwick
eaplain~l ~is is aatorm w~er drainage grant, and at the time ofapplicaton it was not anticipated the
fund~ wouldbe available from the drainage fund. The grant applicatinn s~ed the local ma~h would
likely be made from the Sewer Works. The Council did approve the claim for $$4,000 from the
drainage fund to the DepaFm~ent of Redevelopment on December 16, 1996. Attorney Sedwick feels
~h~ ClerkTre~arer didno~ believe the Redevelopment Commission should be administering the grant.
The Redevelopment Commiasien now has a treasurer, therefore it has the ability to write its own
checks, and to do anything that needs to be done to adminiater these funds. The claim approved by
the Council on December 16, 1996 has not been paid. Attorney Sedwick fur~er ~tated the claim to
Borer (~has acc~alated interest charges) has been sitting for several months and a~ a result of the
claim not paid into the Dep~huent of Redevelopment there has been an interest accumulation. The
¢laimto Bonar h~ been submitted for payment by the Depmh~ent of Redevelopment Revolving Loan
Fund. This fund will be reimbursed when the payment from the Drainage Fund is made to the
Dep~ h~ent of Redevelopment. Mayor C~ligan said the grant is for drainage study andhe does not
unde~dwhy~e money should not be taken fi.om the Drainage Fund. Clerk and Treasurer Spencer
~zks how there could have been a contract withont the 8rant havin~ been approved first. He stated
~he ~wa~ approved December 26, 1996, and will be mailed today. Clerk and Trensmer Spencer
is only asking for a letter because he feels if there is a problem with a claim he will not pay iL
~u~,~ey Sedwick has just inmded him a letter. Council President Williams asked if Mr. Spencer is
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JANUARY 6, 1997
not going to pay the claim. Clerk and Treasurer Spencer said he did not say that, he only wants it
clearedup so ~ he may pay it in proper fashion. Councilperson Frantz asked if he bad a leRer fi`om
the CityAItomey would he pay the claim. Clerk and Treasurer Spencer said if the leRer which he has
nothad adw~e to 8o over, is O.K., he has no problem with paying the claim. Cooncilperson Wilson
/gnmade the motion to pay the claims as presented, as well as the additional, seconded by Council
President Vfdiim~s, passing on a vote of 6-1. Couacilperson Perkins voted ngainat paying the claims
as ~ list included a claim to the County for court space rent and he does not agree the City should pay
~his. He knows there is an agreement to pay this, however he feels it is abad agreement.
Deputy Mayor Phil McCanley presented Ordinance No. 96-0R-99, An Ordinance Fixing
Basic Salaries Of Elected Officials Of The City Of Sefferannville, Indiana For The Year 1997,
reading the amounts. Mr. $ohn Montgomery, Attorney representing Clerk Treasurer Spencer asked
to point out a few things regarding this ordinance, which he defines as an illegal ordinance, prior to
the vo~. Attorney Montgomery noted Indiana Code 36-4-7-2 indicated that the compensation set for
elected officials ~,~ot be reduced no matter what fund that salmy is comprised out o£ If the Council
would pass on illegal ordinance, and if it is contested in court, the whole ordinance will be
invalidated. Compensation in that statute is defined as money fi`om all funds. Attorney Montgomery
reminds the Counoil that/he City Attorney is hired by th~ City Administration and serves at his
ple~are. He warns the Council against being cansht in apolitical argument between the Mayor and
the Clerk Treasurer by passing an illegal ordinance. He feels the statute is very clear, however he
does susgssts the Coancil hire an independent legal co, m~el to further explain what is says. The
proposed ordinance is in conflict with this statute on its face. Attorney Montgomery continued by
s~flfis is also capricious, arbitrary, discriminatory and above all it is illegal. Clerk and Treasurer
Spencer has anthorized Attorney Montgomery and Attorney Ed Sedwick to draft a complaint to be
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JANUARY 6, 1997
filed in one of the local courts to contest the validity o£the ordinance. Attorney Montsomery noted
Mr. Spencer is m eleded chieftlsenl officer of the City, and he has held the office for some ~ime. The
citizens of the City m'e the deternu'ners ns to whether or not he is doing a good job, and it is not the
puvpo~ of~heMayor or anyone else in City govel~ment to make that determination. To discriminate
~in~him wilh ~is salary ordiunnce just smacks the people of Jeffersunville right in their face. You
cmnot ~rgue wi~ a ballot box Altomey Montgomery then referred to the removal of a desk fi.om the
office of the Clerk Treasurer, saying this may be a laughable point to some people, but what [fit had
been equipment or supplies necessary to nm the office effectively like the citizens of Jeffersonville
elected him to do. He believes someone, on the advise of counsel, has goiten the Council to fulfill
their political agenda. If the Council wants to go to court to see if this is legal, without benefit of
coansel, that is the Councils decision to make. Councilperson Perkins then made the motion to pass
Ordinance Bio. 96-OR-99 on the third and final reading, seconded by Council President Willimm.
Mayor C, alligm asked for any comments. There being none, Ordinance No. 96-OR-99, passed on the
third and final reading with the following roll call vote:
Ayes: Councilporsons Perkins, Ellis, Williams, and Cunlin.
Nays: Councilpersons Frantz, Wilder, and Wilson
ClenkandTreasurer Spencer presented Resolution No. 97-R-1, A Resolution Authorizing The
Investment Of Temporarily Dormant Funds. Following discussion regarding the necessity of this
Resolution, Councilpersun Flmf, z made the motion to pass Resolution No. 97-R-1, seconded by
Councilperson Wilson, pnssin~ ananimously.
Councilperson Perkins made the motion to table the Ordinance of Additional Appropriation
(Sidewalk Renovation, Carnegie Library Acquisition, Equipment) as on the agenda, seconded by
Council President Williams, passing unanimously.
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JANUARY 6, 1997
DeputyM,~cMgCauley presented and explained Ordinance 1``1o. 97-0R-1, An ordimmee Of
Additional Appropriation (General Fund - Clerk md Treasurer, Mayor, md Common Council).
Couneilperson Perldns made the motion to suspend the roles for Ordinance No. 97-0R-1, seconded
by Councilp,rson Ellis. Couneilp*r~on Wilder stated she will vot, no on this as she is not
~mfia~ble with the sitantion. Councilperson Ellis withdrew his second md Councilperson Per~n~
wilhdrew his motion. Councilp*rson Perkins then made the motion to pass Ordinance I',Io. 97-OR-1
on the fn-st and second readings, seennded by Councilp*r~un Frantz, passing on a vote of 6-1, with
Councilp*rson Conlin voting nay.
Comcilperson Wilson, aware of Councilperson's Perkins concern over the court room rental
payment, ,xplained a~cording to the County Commission,rs and the City Attorney, ~h,re is an
~reemeat andthis payment is due. Councilperson Perkins said he was not on the Council at the time
or, tis agreement md he fools the Council 8ave away tho equity in 3,000 square foot of this building.
He flaon explained some of the financial history of the buildin4 Councilperson Perkins feels a need
to sit down with the Commissioners and have a serious discussion. Councilperann Wilson was not
on~o Council at the time of the agreement, bat does feel the agreement should be honored. She also
~ls a need for a meeting. Counvilp*rson P*rlfim stated it"sticks in my craw" that for 47 years the
City taxpayer made bond payments on tiffs building. The City taxpayers also pay County taxes. Ho
is only saying this is a bad deal and if there is may way the City can get out
of the bad deal he would be more than happy. Councilperson Wilder resents it if Councilperson
Perkins is implying flint the Council may have done something that was not in the best interest of the
taxpayer. Councilperson Perkins still feels it was abad deal, but does not feel the Council made a
bad mistake.
Attorney Sedwick introduced and explained Resolution No. 97-R-2, A Resolution Fixing
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JANUARY 6, 1997
Regular Times to Conduct Common Council Meetings. Mayor Galligsa ~ked for any public
~eat There being no public comment Councilperson P~rkins made fl~e motion to pass Resolution
97-R-2, seconded by Councilperson Frm~ passing,m~nhnously.
Deputy Mayor McCsaley presented sad explshed Ordinsace No. 97-OR-2, An Ordinsace
Amending Certain Portions Of Section 10fOrdinsace No. 96-OR-$3. There will be aneed for sa
additionsl appropriation of $10,925. Deputy McCsaley reviewed each line apologizing for the need
for some of the corrections. Councilperson Ellis asl~d KarO, new jobs were being cr~ted. Deputy
McCauley answered yes, ~here ere two. At the conclusion of all discussion Councilperson Conlin
made the motion to suspend the roles for Ordinance No. 97-OR-2, seconded by Council President
W'dliams, passing unanimously. Councilperson Conlin then made the motion to pass Ordinance No.
97-0R-2 on all three readings, seconded by Council President Williams, passing unanimously.
Ailmney,%dwick presented sad explained Resolution No. 97-R-3, A Resolution Designating
N~FerPublicatio~ Of Notice. When questioned about the Courier Journal, Attorney Sedwick
~the Cowier is nnt locally published. Coun¢ilperson Frsaiz made the motion to pass l[esolution
No. 97-R-3, seconded by Couneilperson Wilson, passing ua~niraously.
Council President Williams asked for nominations for Council President for 1997.
Councilpersan Wilder nominnted Councilperson Wilson, seconded by Councilpereon Williams.
Therebdugno f~er nominations, the nomination of Couacilparson Wilson as Council President for
1997 passed unac_imously.
Mayor Galligsa sta~ed 1996 wus a good year sad he looks forwerd to ~his year. He th~s
Deputy Mayor McCauley, Attorney Sedwick, sad the Council for the excellent job.
Mr. Charles Kenneth White asked Mayor Galligan for clarification of a ~ent in the
Ev~News regarding the Masonic Lodge. Mayor Gallig~n did not say there was a problem with
PAGE 7-
· ~ JANUARY 6, 1997
the members of the Lodge, he said it was the realtor that did not do what he was supposed to do.
Co~cil Presideutgrdsun~ all for their vote. She then inquired of the 1997 appropriation
for palanent for telephones as these have been paid. Clerk and Treasurer Spencer said this will stay
in~e line item for the year and ii'not spent or tranlfferred would 8o back to the general fund balance
st~ clo~ of 1997. He did not* to the Council that at the sim i of 1996 the general fund balance was
approximately $1,224,000 and at this time the year starts out down approximately $800,000, with a
early over of approximately $454,000.
Cotmilpen~ Perlgng for clarification, stated there were no stronger opponent to the DoMars
Hald~d~l lhan himself and former Counoilpersen Jimmy Cart*r. He fools the record is clear it was
a bad deal. He continued by saying that fortunately because of Deputy Mayor McCauley, Attorney
Sedwiclg amlMayor Oailigen, the City has oscspod disaster. He believes that negotiating out of this
deal stands out as one of the major acoomplislnn~nts of 1996. A primo poice of real estate has been
returned to the City.
Coun¢ilperson Ellis noted the minister of First Trinity Baptist Church, Reverend Walter
Jimison is getting ready to retire after 41 years of service. Coaneilp~rsen Ellis made tho motion to
pass Resolution No. 97-R4, A Resolution Honoring Reverend Walt*r Jimison, seconded by
Councilpomon Perkins, passing unanimously.
Co~ilp~sanF, ~ otlh~ lgr seat on the Solid Waste Board to any that would want to serve.
Sl~really would like to stay on the Board but feels she is being selfish. She will continue to att~ad
the meetings as a citizen, bat feels someone else should take a turn. Mr. Charles Kenneth White, as
chah,~ of the C'fd~m Advisory Group of the Clark County Solid Waste Board, feels Councilp~rson
F,--~ has done a good job and for ull on the Board he thanks Councilperson Fraatz for the good job
she has done.
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JANUARY 6, 1997
Come~ W'dd~r ~,,,ks Couneilperson Williams for his ns~iee ns Comeil ~e~ide~ ~
~. ~s ~~s ~ well ~eeiw& She ~es Co. oil ~sid~ Wilson good luck
Co.clip.on Willies s~d it ~ bo~n ~ honor ~d a ~vil~ to s~ ~ Co~cil
~ ~ Co. oil At ~ge. H~ ~es Co~cil ~esid~ Wilson good luck ~d off~ ~s h~Ip.
Co.oil P~side~ Wilson ~d Co~cilp~ Willi~ for &e ~xcelle~job.
~son F~ ~ ~e~ Miller ~d Mayor G~li~ for ~e ~n~e wo~ ~
~ be~ done ~ h~ nei~bo~oo&
~e~ will be a Co~cil wo~op ~y, J~ 2~, 1997 ~ 5:00 P.M.
~ere bei~ no ~ co~, Co~cilp~on P~i~ mo~d to ~jo~ ~ 8:25 P.M.,
secon~d ~ Comcilpe~on Conl~ p~s~ mm~ly.
ATI'EST: