City Council

MINUTES OF THE AUGUST MEETING OF THE COMMON COUNCIL OF THE CITY OF ANDERSON OPENING OF MEETING: THE COMMON COUNCIL OF THE CITY OF ANDERSON, MADISON COUNTY, INDIANA, MET IN THE COUNCIL CHAMBERS AT CITY HALL ON THURSDAY, AUGUST 10, 2006 AT 7:00 P.M., WITH PRESIDENT RODNEY CHAMBERLAIN PRESIDING. INVOCATION: COUNCILMAN ART PEPELEA JR. PLEDGE OF ALLEGIANCE: COUNCILWOMAN DONNA J. DAVIS ROLL CALL: PRESENT: OLLIE. H DIXON, ART PEPELEA JR, RICK MUIR, KATO SMITH, JOSEPH NEWMAN, PAUL J. STAPLETON, DONNA J. DAVIS AND PRESIDENT CHAMBERLAIN ABSENT: MIKE WELCH MINUTES: COUNCILMAN DIXON MOVED THAT THE MINUTES FROM THE REGULAR MEETING JULY 13, 2006 BE APPROVED, SECONDED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. MINUTES APPROVED AS CORRECTED. COMMUNICATIONS: IN THE ABSENCE OF MARK EDDY, EDWIN (BUS) UPSHAW READ A LETTER FROM THE ANDERSON NOON LIONS CLUB TO THE COUNCIL REGARDING THE SUCCESS OF THE LIONS FAMILY FESTIVAL HELD AT ATHLETIC PARK. PRESIDENT CHAMBERLAIN THANKED MR. UPSHAW AND STATED HE HOPES THE EVENT WILL BE HELD AGAIN. STEVE DARLINGTON AND DON MANLEY WERE PRESENT AT THE REQUEST OF COUNCILMAN STAPLETON TO GIVE AN ECONOMIC IMPACT PRESENTATION ON THE ANDERSON MUNICIPAL AIRPORT. COUNCILMAN STAPLETON THANKED MR. DARLINGTON AND MR. MANLEY FOR THEIR PRESENTATION. CONFLICT OF INTEREST DISCLOSURE STATEMENT FOR COUNCILMAN KATO SMITH. COUNCILMAN NEWMAN MOVED FOR ACCEPTANCE OF DISCLOSURE STATEMENT FROM COUNCILMAN SMITH, SECONDED BY COUNCILMAN MUIR. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 7 – NAYS 0. DISCLOSURE STATEMENT ACCEPTED. ORDINANCES FOR THIRD READING: ORDINANCE 59-06 – AN ORDINANCE VACATING A PUBLIC WAY WITHIN THE CITY OF ANDERSON, INDIANA. COUNCILMAN PEPELEA MOVED THE ORDINANCE BE GIVEN THIRD READING, SECONDED BY COUNCILMAN MUIR - ORDINANCE READ BY CITY CLERK. MUNICIPAL DEVELOPMENT DIRECTOR/CO-PLANNING DIRECTOR MICHAEL WIDING AND ATTORNEY MICHAEL AUSTIN WERE IN ATTENDANCE TO REPRESENT THE ORDINANCE, WHICH VACATES PROPERTY COMMONLY KNOWN AS LOT 59, LOT 58 AND A PORTION OF LOT 57 BEING A PART OF MILL STREAM LANE IN WESTERN HILLS , THIRD CONTINUATION TO THE CITY OF ANDERSON, INDIANA. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. ORDINANCE 59-06 ADOPTED. INTRODUCTION OF ORDINANCES FOR FIRST AND SECOND READING: ORDINANCE 63-06 – AN ORDINANCE FIXING THE ANNUAL SALARIES OF ELECTED OFFICERS OF THE CITY OF ANDERSON FOR THE YEAR 2007. COUNCILMAN MUIR MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN SMITH - READ BY CITY CLERK. HUMAN RESOURCES DIRECTOR ERICH EWALD WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH ESTABLISHES THE SALARIES FOR ELECTED OFFICERS FOR THE YEAR 2007. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILWOMAN DAVIS. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 6 - NAYS 2 (SMITH AND STAPLETON). ORDINANCE 63-06 PASSED FIRST READING. ORDINANCE 63-06 – COUNCILMAN MUIR MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN SMITH - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILWOMAN DAVIS. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 5 - NAYS 3 (SMITH, NEWMAN & STAPLETON). ORDINANCE 63-06 PASSED SECOND READING. ORDINANCE 64-06 – AN ORDINANCE FIXING THE SALARIES OF APPOINTED OFFICERS, EMPLOYEES, DEPUTIES AND ASSISTANTS OF THE CITY CLERK’S OFFICE OF THE CITY OF ANDERSON, INDIANA. COUNCILMAN SMITH MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN NEWMAN - READ BY CITY CLERK. HUMAN RESOURCES DIRECTOR ERICH EWALD WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH ESTABLISHES THE SALARIES FOR CITY CLERK’S OFFICE FOR THE YEAR 2007. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN MUIR. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. ORDINANCE 64-06 PASSED FIRST READING. ORDINANCE 64-06 – COUNCILMAN SMITH MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN NEWMAN - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN MUIR. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. ORDINANCE 64-06 PASSED SECOND READING. ORDINANCE 65-06 – AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF ANDERSON, INDIANA, AUTHORIZING THE ISSUANCE OF THE CITY OF ANDERSON, INDIANA TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2006 A (NESTLE USA, INC. PROJECT), AND THE LENDING OF THE PROCEEDS THEREOF TO NESTLE USA, INC. OR A DESIGNATED AFFILIATE AND AUTHORIZING AND APPROVING OTHER ACTIONS IN RESPECT THERETO. COUNCILMAN NEWMAN MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN STAPLETON - READ BY CITY CLERK. ECONOMIC DEVELOPMENT DEPUTY DIRECTOR LINDA DAWSON, A.R.C. BOND COUNSEL BRUCE DONALDSON, A.R.C. FINANCIAL ADVISOR BOB SWINTZ AND A.R.C. ATTORNEY CHARLES BRADDOCK WERE IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH AUTHORIZES THE CITY TO ISSUE ITS TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2006 A (NESTLE USA, INC. PROJECT) IN AN ORIGINAL ISSUED AMOUNT NOT TO EXCEED EIGHT MILLION DOLLARS ($8,000,000) AND LOAN THE PROCEEDS OF SUCH BONDS TO THE BORROWER FOR THE PURPOSE OF FINANCING THE NESTLE USA, INC. PROJECT. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. ORDINANCE 65-06 PASSED FIRST READING. ORDINANCE 65-06 – COUNCILMAN NEWMAN MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN STAPLETON - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. ORDINANCE 65-06 PASSED SECOND READING. 2 ORDINANCE 66-06 – AN ORDINANCE AMENDING ORDINANCE 60-83, AS PREVIOUSLY AMENDED, CONCERNING CHAPTER 150 OF THE CODE OF ORDINANCES, THE BUILDING CODE OF ANDERSON, INDIANA. COUNCILMAN STAPLETON MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILWOMAN DAVIS – ORDINANCE READ BY CITY CLERK. MUNICIPAL DEVELOPMENT DIRECTOR/CO-PLANNING DIRECTOR MICHAEL WIDING AND JOHN KINLEY, ANDERSON EMERGENCY MANAGEMENT, WERE IN ATTENDANCE TO REPRESENT THE ORDINANCE, WHICH RECOMMENDS CERTAIN ADDITIONS TO THE EXISTING BUILDING CODE IN ORDER TO CLARIFY CERTAIN PROVISIONS RELATED TO ADMINISTRATIVE PROCEDURES IN ISSUING PERMITS AND CERTAIN PROVISIONS RELATED TO FLOOD PREVENTION. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILWOMAN DAVIS. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. ORDINANCE 66-06 PASSED FIRST READING. ORDINANCE 66-06 – COUNCILMAN STAPLETON MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILWOMAN DAVIS – ORDINANCE READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. ORDINANCE 66-06 PASSED SECOND READING. ORDINANCE 67-06 – AN ORDINANCE FIXING THE SALARIES OF APPOINTED OFFICERS, EMPLOYEES, DEPUTIES AND ASSISTANTS OF THE ANDERSON CITY COURT AND PROBATION DEPARTMENT OF THE CITY OF ANDERSON, MADISON COUNTY, INDIANA. COUNCILWOMAN DAVIS MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN DIXON - READ BY CITY CLERK. HUMAN RESOURCES DIRECTOR ERICH EWALD WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH ESTABLISHES THE SALARIES FOR ANDERSON CITY COURT AND PROBATION DEPARTMENT FOR THE YEAR 2007. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILWOMAN DAVIS. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. ORDINANCE 67-06 PASSED FIRST READING. ORDINANCE 67-06 – COUNCILWOMAN DAVIS MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN DIXON - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. ORDINANCE 67-06 PASSED SECOND READING. ORDINANCE 68-06 – AN ORDINANCE FIXING THE SALARIES FOR THE EXECUTIVE STAFF OF THE CITY OF ANDERSON’S FIRE DEPARTMENT. COUNCILMAN DIXON MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN PEPELEA - READ BY CITY CLERK. HUMAN RESOURCES DIRECTOR ERICH EWALD, FIRE CHIEF PHIL ROGERS AND ASSISTANT CHIEF DAN DYKES WERE IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH ESTABLISHES THE SALARIES FOR THE EXECUTIVE STAFF OF THE ANDERSON FIRE DEPARTMENT FOR THE YEAR 2007. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILWOMAN DAVIS. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. ORDINANCE 68-06 PASSED FIRST READING. ORDINANCE 68-06 – COUNCILMAN DIXON MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN PEPELEA - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. ORDINANCE 68-06 PASSED SECOND READING. ORDINANCE 69-06 – AN ORDINANCE FIXING THE SALARIES OF APPOINTED OFFICERS, EMPLOYEES, DEPUTIES, ASSISTANTS AND DEPARTMENTAL HEADS OF THE CITY OF ANDERSON, INDIANA. COUNCILMAN PEPELEA MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN MUIR - READ BY CITY CLERK. HUMAN RESOURCES DIRECTOR ERICH EWALD WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH 3 ESTABLISHES THE SALARIES AND/OR HOURLY RATES FOR THE CALENDAR YEAR OF 2007 FOR APPOINTED OFFICERS, EMPLOYEES, DEPUTIES, ASSISTANTS AND DEPARTMENTAL HEADS OF THE CITY OF ANDERSON. THERE WAS EXTENSIVE DISCUSSION BETWEEN COUNCIL MEMBERS AND MR. EWALD REGARDING THE SALARY OF THE EXECUTIVE MANAGER FOR THE MAYOR’S OFFICE, THE HUMAN RESOURCE (PERSONNEL) ASSISTANT DIRECTOR POSITION AND THE COMMUNITY DEVELOPMENT OFFICE MANAGER POSITION. MOTION TO AMEND - COUNCILWOMAN DAVIS MADE MOTION TO AMEND ORDINANCE 69-06 BY REMOVING HUMAN RESOURCE (PERSONNEL) ASSISTANT DIRECTOR POSITION AND COMMUNITY DEVELOPMENT OFFICE MANAGER POSITION, SECONDED BY COUNCILMAN DIXON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 4 – NAYS 4 (PEPELEA, SMITH, NEWMAN AND STAPLETON). CLARIFICATION OF THE AMENDMENT WAS MADE AND ON RECALL OF THE VOTE THE VOTE WAS AS FOLLOWS: AYES 5 – NAYS 3 (PEPELEA, SMITH AND STAPLETON). (DURING THE VOTE COUNCILMAN PEPELEA INQUIRED AS TO THE LEGALITY OF RECALLING THE VOTE PER ROBERT’S RULES OF ORDER. CITY ATTORNEY DAVID HAPPE CLARIFIED IT WAS AT THE DISCRETION OF THE CHAIR TO ALLOW VARIANCE FROM ROBERT’S RULES OF ORDER AND IF POINT OF ORDER WAS RAISED IT WOULD BE SUBJECT TO APPEAL BY THE COUNCIL AS TO WHAT PROCEDURE TO FOLLOW ON THIS VOTE.) ORDINANCE 69-06 AMENDED. COUNCILMAN DIXON REQUESTED THE CORRECTED DOCUMENTATION BE GIVEN TO THE COUNCIL BEFORE VOTING ON IT. COUNCILWOMAN DAVIS AND COUNCILMAN DIXON SUGGESTED ONE READING AT THIS MEETING. ORDINANCE 69-06 AS AMENDED – COUNCILMAN PEPELEA MOVED THE ORDINANCE BE GIVEN FIRST READING AS AMENDED, SECONDED BY COUNCILMAN MUIR - READ BY CITY CLERK. HUMAN RESOURCE DIRECTOR ERICH EWALD WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE. THERE WAS QUESTIONS FROM THE COUNCIL AND THE AUDIENCE. SCOTT CALHOUN ASKED QUESTIONS AS TO WHO HAS THE AUTHORITY TO CREATE NEW POSITIONS. MR. EWALD STATED THE PERSONNEL ADVISORY BOARD HAS THE RESPONSIBILITY UNDER ORDINANCE TO CREATE NEW POSITIONS AND THE COUNCIL APPROVES THE PAY. MR. CALHOUN THEN ASKED QUESTIONS ON THE PARKS DEPARTMENT RIVERWALK MAINTENANCE SUPERVISOR POSITION INCLUDED IN THE ORDINANCE. MOTION TO AMEND - COUNCILMAN SMITH MADE MOTION TO AMEND ORDINANCE 69-06 AS AMENDED TO SHOW THE MAXIMUM AMOUNT FOR THE PARKS DEPARTMENT RIVERWALK MAINTENANCE SUPERVISOR AT $44,764 REFLECTING A THREE PERCENT INCREASE, SECONDED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. ORDINANCE 69-06, AS AMENDED, AMENDED 2ND TIME. ORDINANCE 69-06 AS 2ND AMENDED - QUESTION CALLED BY COUNCILWOMAN DAVIS. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. ORDINANCE 69-06, AS 2ND AMENDED, PASSED FIRST READING. MOTION FOR ONE (1) READING ONLY - COUNCILMAN DIXON MOVED THE ORDINANCE BE GIVEN ONE READING ONLY UNTIL COUNCIL CAN SEE PROPOSED AMENDMENTS IN WRITING, SECONDED BY COUNCILMAN MUIR. CONSENT GIVEN. ORDINANCE TO RECEIVE ONE READING ONLY. COUNCILMAN SMITH ASKED IF THEY HAD BROUGHT UP THE 2 ND AMENDED VERSION AND VOTED ON IT. CITY ATTORNEY DAVID HAPPE STATED IT DID NOT HAVE A READING AS 2ND AMENDED BUT HE DID ASK FOR THE RECORD TO REFLECT THAT IT WAS VOTED ON AS 2ND AMENDED AND THINKS THE RECORD IS CLEAR.. NOTE: AS PER TELEPHONE CONVERSATION BETWEEN THE CITY CLERK AND ATTORNEY HAPPE ON 8/28/06, ATTORNEY HAPPE STATED HE SHOULD HAVE SAID AMENDED FOR A SECOND TIME INSTEAD OF AS 2ND VERSION TO CORRECT THE MINUTES TO REFLECT THE CORRECTION. 4 ORDINANCE 70-06 – AN ORDINANCE FIXING THE SALARIES FOR THE EXECUTIVE STAFF OF THE CITY OF ANDERSON’S POLICE DEPARTMENT. COUNCILMAN MUIR MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN SMITH - READ BY CITY CLERK. HUMAN RESOURCES DIRECTOR ERICH EWALD WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH ESTABLISHES THE SALARIES FOR THE EXECUTIVE STAFF OF THE ANDERSON POLICE DEPARTMENT FOR THE YEAR 2007. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. ORDINANCE 70-06 PASSED FIRST READING. ORDINANCE 70-06 – COUNCILMAN MUIR MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN SMITH - READ BY CITY CLERK. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. ORDINANCE 70-06 PASSED SECOND READING. ORDINANCE 71-06 – AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF ANDERSON, INDIANA, RECOMMENDING THE GRANTING OF AN EDGE CREDIT UNDER INDIANA CODE 6-3.1-13 AND TAKING OTHER ACTIONS RELATED THERETO. COUNCILMAN SMITH MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN NEWMAN - READ BY CITY CLERK. ECONOMIC DEVELOPMENT DEPUTY DIRECTOR LINDA DAWSON WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH RECOMMENDS THE GRANTING OF AN EDGE CREDIT IN THE AMOUNT OF NINE HUNDRED FIFTY THOUSAND DOLLARS ($950,000) TO ALTAIR NANOTECHNOLOGIES, INC. WHICH IS LOCATING ITS BUSINESS IN THE CERTIFIED TECHNOLOGY PARK. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. ORDINANCE 71-06 PASSED FIRST READING. ORDINANCE 71-06 – COUNCILMAN SMITH MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN NEWMAN - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN MUIR. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. ORDINANCE 71-06 PASSED SECOND READING. SUSPENSION OF RULES – COUNCILMAN MUIR MOVED RULES BE SUSPENDED, SECONDED BY COUNCILMAN NEWMAN. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. RULES SUSPENDED ON ORDINANCE 71-06 ORDINANCE 71-06 – COUNCILMAN SMITH MOVED THE ORDINANCE BE GIVEN THIRD READING, SECONDED BY COUNCILMAN NEWMAN - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN MUIR. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 - NAYS 0. ORDINANCE 71-06 ADOPTED. ORDINANCE 72-06 – AN ORDINANCE AUTHORIZING AND ENTERING INTO A GUARANTEED SAVINGS CONTRACT WITH JOHNSON CONTROLS, INCORPORATED, FOR THE UPGRADE OF CERTAIN UTILITY STRUCTURES AND SYSTEMS OF THE ANDERSON ELECTRIC UTILITY, AND APPROVING THIRD-PARTY FINANCING FOR SUCH CONTRACT. COUNCILMAN NEWMAN MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN STAPLETON - READ BY CITY CLERK. BOARD OF WORKS CHAIRMAN ROB SPARKS SPOKE TO THE COUNCIL ON BEHALF OF THE BOARD OF WORKS. AND SAID HE WANTED TO PERSONALLY APOLOGIZE TO COUNCIL IF THE ACTIONS TAKEN AT THE AUGUST 7TH B.O.W. MEETING MADE COUNCIL FEEL B.O.W. DIDN’T VALUE COUNCILS POSITION OR THE NEED FOR THE COUNCIL TO COOPERATE. COUNCILMAN MUIR AND COUNCILMAN STAPLETON RESPONDED. 5 LIGHT & POWER SUPERINTENDENT TOM DONOHO AND PHILLIP LOWERY, BUSINESS DEVELOPMENT DIRECTOR FOR JOHNSON CONTROLS, WERE IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH AUTHORIZES THE CITY CONTROLLER TO ENTER INTO A TEN (10) YEAR LEASE FINANCING AGREEMENT FOR A SUM NOT TO EXCEED SIX MILLION, EIGHT HUNDRED TWENTY SEVEN THOUSAND, THREE HUNDRED FOUR DOLLARS ($6,827,304) FOR THE PURPOSE OF IMPLEMENTING CERTAIN TECHNOLOGICAL UPGRADES TO THE CITY OF ANDERSON ELECTRIC UTILITY. ALSO IN ATTENDANCE WERE GARY DAVIS, PRESIDENT OF LOCAL 108, UTILITY WORKERS UNION OF AMERICA AND MAX MURRELL, PRESIDENT OF LOCAL 281, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 7 - NAYS 1 (DIXON) ORDINANCE 72-06 PASSED FIRST READING. MOTION FOR ONE (1) READING ONLY - COUNCILMAN MUIR MOVED THE ORDINANCE BE GIVEN ONE READING ONLY, SECONDED BY COUNCILMAN NEWMAN. CONSENT GIVEN. ORDINANCE TO RECEIVE ONE READING ONLY. RESOLUTION TABLED UNTIL AUGUST MEETING: RESOLUTION 30-06 – A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE SAME APPROPRIATIONS, AND THE APPROPRIATIONS THEREOF FOR THE STREET DEPARTMENT. COUNCILMAN STAPLETON MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILWOMAN DAVIS - READ BY CITY CLERK. MOTION TO AMEND - COUNCILMAN STAPLETON MADE MOTION TO AMEND RESOLUTION 30-06 AS PRESENTED, SECONDED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. RESOLUTION 30-06 AMENDED. RESOLUTION 30-06 AS AMENDED - COUNCILMAN STAPLETON MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILWOMAN DAVIS - READ BY CITY CLERK. STREET SUPERINTENDENT NICK VORES WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH IS THE TRANSFER OF FUNDS FROM ACCT #53620 (MVH EQUIP. REPAIR) TO ACCT #54401 (MVH OTHER EQUIPMENT) IN THE AMOUNT OF THIRTY EIGHT THOUSAND DOLLARS ($38,000.00) AND ACCT #52330 (PAVING MATERIALS) TO ACCT #54336 (CURBS & SIDEWALKS) IN THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00). THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. RESOLUTION 30-06 ADOPTED. INTRODUCTION OF RESOLUTIONS: RESOLUTION 32-06 - A PRELIMINARY DECLARATORY RESOLUTION FIXING A DATE, TIME AND A PLACE FOR A PUBLIC HEARING THEREON FOR NESTLE BEVERAGE. COUNCILWOMAN DAVIS MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN DIXON - READ BY CITY CLERK. ECONOMIC DEVELOPMENT DEPUTY DIRECTOR LINDA DAWSON WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH CONSISTS OF CONSTRUCTION OF A MANUFACTURING FACILITY OF APPROXIMATELY 800,000 SQUARE FEET, LOCATED AT 4300 WEST 73 RD STREET, ESTIMATED COST OF APPROXIMATELY SEVENTY-FIVE MILLION DOLLARS ($75,000,000.00) AND CREATION OF TWO HUNDRED THIRTY (230) EMPLOYMENT OPPORTUNITIES. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. RESOLUTION 32-06 ADOPTED. RESOLUTION 33-06 – A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE SAME APPROPRIATIONS, AND THE APPROPRIATIONS THEREOF FOR THE PARKS DEPARTMENT. COUNCILMAN DIXON MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN PEPELEA - 6 READ BY CITY CLERK. PARKS SUPERINTENDENT DOUG ZOOK WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH IS THE TRANSFER OF FUNDS FROM ACCT #51110 (OVERTIME) TO ACCT #52201 (GASOLINE) IN THE AMOUNT OF SIX THOUSAND DOLLARS ($6,000.00) AND FROM ACCT #51120 (TEMPORARY) TO ACCT #52201 (GASOLINE) IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00). THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. RESOLUTION 33-06 ADOPTED. COUNCILMAN MUIR ASKED MR. ZOOK HOW THE DISCUSSIONS ON THE BASEBALL COMPLEX WAS COMING-ARE THEY STILL ON THE TABLE. MR. ZOOK STATED THEY HAD SEVERAL OPTIONS AND WAS LOOKING AT THEM. COUNCILMAN SMITH ASKED HOW THE SKATE PARK WAS COMING. MR. ZOOK STATED HE SIGNED THE CONTRACT ON TUESDAY AND THERE IS A PRE-CONSTRUCTION MEETING WITH THE GROUP WHO WON THE BID AND WILL TRY TO EXPEDITE IT IN ONE HUNDRED FIVE (105) DAYS. RESOLUTION 34-06 - A RESOLUTION CERTIFYING THE PROGRAM PLAN AND OPERATION OF THE ECONOMIC DEVELOPMENT REVOLVING LOAN FUND BOARD FOR THE CITY OF ANDERSON, INDIANA. COUNCILMAN PEPELEA MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN MUIR - READ BY CITY CLERK. ECONOMIC DEVELOPMENT DEPUTY DIRECTOR LINDA DAWSON WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH CERTIFIES THE PROGRAM PLAN AND OPERATION OF THE ECONOMIC DEVELOPMENT REVOLVING LOAN FUND BOARD. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN MUIR. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. RESOLUTION 34-06 ADOPTED. MISCELLANEOUS BUSINESS: COUNCILMAN SMITH SUBMITTED THE NAME OF JEFF RATTLER FOR THE COUNCIL APPOINTMENT TO THE FIRE DEPARTMENT MERIT COMMISSION. UNANIMOUS CONSENT WAS GIVEN FOR MR. RATTLER. WEGHATA GHEBREMICHAEL, WHOSE FAMILY AND HIMSELF PURCHASED THE TOWN CENTER PLAZA, APPEARED BEFORE THE COUNCIL TO FIND OUT WHY TWO CITY COUNCILMAN WERE TRYING TO PREVENT HIM FROM GETTING HIS ALCOHOL LICENSE FROM THE ALCOHOLIC BEVERAGE COMMISSION AND STOP HIM FROM OPENING HIS BUSINESS (DREAMS BAR AND GRILL). COUNCILMAN DIXON AND MUIR STATED THEY WOULD GO TO THE A.B.C. MEETING WITH HIM. ECONOMIC DEVELOPMENT DEPUTY DIRECTOR LINDA DAWSON SPOKE ON BEHALF OF MR. GHEBREMICHAEL AND THE ANDERSON REDEVELOPMENT COMMISSION. F.O.P. PRESIDENT SCOTT CALHOUN AND F.O.P. VICE-PRESIDENT MIKE ANDERSON WERE IN ATTENDANCE TO SPEAK TO THE COUNCIL REGARDING THE SHORTAGE OF MANPOWER AT THE ANDERSON POLICE DEPARTMENT. AFTER DISCUSSION MR. CALHOUN WAS ADVISED TO BE PRESENT AT THE A.P.D. BUDGET HEARING TO BE HELD MONDAY, AUGUST 14 TH.AND TO BRING OTHER A.P.D. OFFICERS WITH HIM FOR SUPPORT. ADJOURNMENT: COUNCILMAN PEPELEA MADE MOTION TO ADJOURN, SECONDED BY COUNCILMAN STAPLETON. MEETING ADJOURNED 10:50 P.M. RODNEY CHAMBERLAIN PRESIDENT, COMMON COUNCIL SHEILA ASHLEY CITY CLERK 7