City Council

MINUTES OF THE DECEMBER MEETING 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, DECEMBER 12TH, 2013 AT 7:00 P.M., WITH PRESIDENT DAVID EICKS PRESIDING. ROLL CALL: PRESENT: ART PEPELEA, JR, ANTONY (TY) BIBBS, RUSS WILLIS, RODNEY CHAMBERLAIN DONNA DAVIS, JOSEPH NEWMAN, OLLIE DIXON, PAMELA JONES, AND PRESIDENT DAVID EICKS ABSENT: MINUTES: COUNCILMAN WILLIS MOVED THE MINUTES FROM THE REGULAR MEETING NOVEMBER 14TH, AND THE SPECIAL MEETING NOVEMBER 25TH, AND THE UTILTIY BUDGET HEARINGS DECEMBER 3RD, 2013 BE APPROVED, SECONDED BY COUNCILMAN CHAMBERLAIN. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. MINUTES APPROVED. COMMUNICATIONS: GREG WINKLER ECONOMIC DEVELOPMENT INTERIM DIRECTOR ADDRESSED THE COUNCIL. COUNCIL GAVE UNANIMOUS CONSENT TO APPOINT CAROLYN SCOTT AND JUSTIN PUCKETT TO THE ANDERSON REDEVELOPMENT COMMISSION. INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, TRANSFER OF SOLID WASTE FACILITY PERMIT, MALLARD LAKE LANDFILL- FP 48-06 IN MADISON COUNTY ON DECEMBER 3RD 2013. ORDINANCE PREVIOUSLY TABLED – READING GIVEN – NO VOTE TAKEN: ORDINANCE 40-13 – AN ORDINANCE VACATING A PUBLIC ALLEY WITHIN THE CITY OF ANDERSON, INDIANA. ORDINANCE 40-13 REMAINS ON THE TABLE. ORDINANCES FOR THIRD (3RD) READING: ORDINANCE 48-13 – AND ORDINANCE AMENDING ORDINANCE NO. 79-81, AND ALL AMENDMENTS THERETO, CHAPTER 98 OF THE CODE OF ORDINANCES OF THE CITY OF ANDERSON, AND ESTABLISHING POLICIES FOR RESIDENTIAL TAX ABATEMENTS WITHIN THE CITY OF ANDERSON. COUNCILWOMAN DAVIS MOVED THE ORDINANCE BE GIVEN THIRD READING, SECONDED BY COUNCILMAN NEWMAN – READ BY CITY CLERK. DEPUTY DIRECTOR OF ECONOMIC DEVEOPMENT MICHAEL FRISCHKORN REPRESENTED THE ORDINANCE WHICH AMENDS THE CURRENT ORDINANCE TO RE-ESTABLISH AND EXTEND RESIDENTIAL TAX ABATEMENT POLICIES ACCORDING TO STATE STATUE. THERE WERE NO QUESTIONS. QUESTION CALLED BY COUNCILMAN CHAMBERLAIN. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. ORDINANCE 48-13 ADOPTED. ORDINANCE 50-13 – AN ORDINANCE DESIGNATING AN ECONOMIC DEVELOPMENT TARGET AREA FOR HARRY AND SANDRA OLIVER. COUNCILMAN NEWMAN MOVED THE ORDINANCE BE GIVEN THIRD READING, SECONDED BY COUNCILMAN DIXON – READ BY CITY CLERK. ECONOMIC 1 DEVELOPMENT DEPUTY DIRECTOR MICHAEL FRISCHKORN REPRESENTED THE ORDINANCE WHICH IS FOR A SINGLE FAMILY DWELLING LOCATED AT 2905 SONNET DRIVE ANDERSON, INDIANA, CONSTRUCTION OF PROPERTY IS ESTIMATED COST OF ONE HUNDRED EIGHTY SIX THOUSAND TWO HUNDRED THIRTY DOLLARS ($186,230.00), WITH THE CREATION OF EMPLOYMENT OPPORTUNITIES DURING CONSTRUCTION. ELIGIBLE FOR A THREE (3) YEAR TAX ABATEMENT. THERE WERE NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. ORDINANCE 50-13 ADOPTED. INTRODUCTION OF ORDINANCES: ORDINANCE 57-13 – AN ORDINANCE AMENDING ORDINANCE 1-12, FIXING THE SALARIES FOR THE FIREFIGHTERS OF THE CITY OF ANDERSON, INDIANA. COUNCILMAN DIXON MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILWOMAN JONES – READ BY CITY CLERK. HUMAN RESOURCE DIRECTOR WAYNE HUFFMAN REPRESENTED THE ORDINANCE WHICH ESTABLISHES THE SALARIES FOR THE YEAR 2013 AND 2014 FOR THE ANDERSON FIREFIGHTERS. THERE WERE SEVERAL COMMENTS AND QUESTIONS REGARDING THE ORDINANCE FROM COUNCIL. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 1(DIXON) ORDINANCE 57-13 – COUNCILMAN DIXON MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILWOMAN JONES – READ BY CITY CLERK. THERE WERE NO QUESTIONS. QUESTION CALLED BY COUNCILMAN WILLIS. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 1(DIXON) SUSPENSION OF RULES – COUNCILMAN DIXON MADE MOTION TO SUSPEND THE RULES, SECONDED BY COUNCILWOMAN JONES. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. RULES SUSPENDED ORDINANCE 57-13 – COUNCILMAN DIXON MOVED THE ORDINANCE BE GIVEN THIRD READING, SECONDED BY COUNCILWOMAN JONES – READ BY CITY CLERK. THERE WERE NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 1(DIXON). ORDINANCE 57-13 ADOPTED. ORDINANCE 58-13 – AN ORDINANCE ESTABLISHING REQUIREMENT FOR THE REGLATION OF JUNKYARDS/SCRAPYARDS, PAWNBROKERS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS. COUNCILWOMAN JONES MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN PEPELEA – READ BY CITY CLERK. CHIEF OF POLICE LARRY CRENSHAW REPRESENTED THE ORDINANCE WHICH REGULATES THE OPERATION OF PRECIOUS METAL DEALERS IN THE STATE OF INDIANA AND IMPLEMENTS REPORTING AND REGISTRATION REQUIREMENTS FOR PRECIOUS METAL DEALERS. THERE WERE SEVERAL QUESTIONS AND COMMENTS REGARDING THE ORDINANCE. QUESTION CALLED BY COUNCILMAN CHAMBERLAIN. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 1(DIXON). ORDINANCE PASSED FIRST READING. COUNCILMAN DIXON MADE MOTION TO AMEND SECTION 6 OF THE ORDINANCE, FROM $250 TO $100, AND SECTION 12 OF THE ORDINANCE FROM $250 TO $100. MOTION FAILED DUE TO LACK OF A SECOND. ORDINANCE 58-13 – COUNCILWOMAN JONES MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN PEPELEA – READ BY CITY CLERK. THERE WERE NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 1(DIXON). ORDINANCE 58-13 PASSED SECOND READING. 2 INTRODUCTION OF RESOLUTIONS: RESOLUTION 30-13 – A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE SAME APPROPRIATINS, AND THE APPROPRIATIONS THEREOF FOR THE CITY CLERK. COUNCILMAN PEPELEA MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN BIBBS. COUNCILWOMAN JONES CALLED FOR A DEMOCRAT CAUCUS AT 7:55 P.M. COUNCIL RECONVENED AT 8:20 P.M. RESOLUTION 30-13 - RESOLUTION 30-13 – A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE SAME APPROPRIATINS, AND THE APPROPRIATIONS THEREOF FOR THE CITY CLERK. COUNCILMAN PEPELEA MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN BIBBS. CITY CLERK SHEILA ASHLEY REPRESENTED THE RESOLUTION WHICH TRANSFERS FUNDS FROM ACCT # 53901 (MEMBERSHIP DUES) TO ACCT # 54440 (FURNITURE) IN THE AMOUNT OF TWELVE DOLLARS AND FIFTY CENTS ($12.50), FROM ACCT #53650 (MAINTENANCE AGREEMENTS) TO ACCT # 54440 (FURNITURE) IN THE AMOUNT OF EIGHTY NINE DOLLARS AND SEVENTY CENTS ($89.70), ACCT # 53620 REPAIR OF EQUIPMENT TO ACCT # 54440 FURNITURE IN THE AMOUNT OF TWO HUNDRED AND FORTY FIVE DOLLARS AND ELEVEN CENTS ($245.11), FROM ACCT 53410 (OFFICIAL BONDS) TO ACCT # 54440 FURNITURE IN THE AMOUNT OF THIRTY THREE DOLLARS AND THIRTY NINE CENTS ($33.39), FROM ACCT # 53315 (RECORDING, CODIFICATION) TO ACCT # 54440 FURNITURE IN THE AMOUNT OF NINE HUNDRED TWELVE DOLLARS ($912.00). THERE WERE NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. RESOLUTION 30-13 ADOPTED. RESOLUTION 31-13 – A RESOLUTION AUTHORIZING THE TEMPORARY LOAN OF FUNDS FROM THE WATER POLLUTION CONTROL FUND TO THE WATER UTILITY FUND. COUNCILMAN BIBBS MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN WILLIS – READ BY CITY CLERK. CITY CONTROLLER JASON FENWICK REPRESENTED THE RESOLUTION WHICH IS A TEMPORARY LOAN FROM THE WATER POLLUTION CONTROL FUND TO THE WATER UTILITY FUND IN THE WATER UTILITY FUND IN THE AMOUNT OF SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00). THERE WERE NO QUESTIONS. QUESTION CALLED BY COUNCILMAN DIXON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0 RESOLUTION 31-13 ADOPTED. RESOLUTION 32-13 – A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE SAME APPROPRIATIONS, AND THE APPROPRIATIONS THEREOF FOR THE CITY OF ANDERSON FIRE DEPARTMENT. COUNCILMAN WILLIS MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN CHAMBERLAIN – READ BY CITY CLERK. BRENT HOLLAND ASSISTANT FIRE CHIEF REPRESENTED THE RESOLUTION WHICH IS A TRANSFER OF FUNDS FROM ACCT # 52301 (BUILDING MATERIALS ) TO ACCT# 54420 (LT VEHICLES) IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000), FROM ACCT # 52310 (REPAIR PARTS) TO ACCT# (LT VEHICLES) IN THE AMOUNT OF FORTY THOUSAND DOLLARS ($40,000), FROM ACCT # 53601 (BUILDING REPAIRS) TO ACCT # (LT VEHICLES) IN THE AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000), FROM ACCT # 53720 (EQUIPMENT RENTALS) TO ACCT # 54420 (LT VEHICLES) IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000). THERE WERE SEVERAL QUESTIONS AND COMMENTS REGARDING THE RESOLUTION. COUNCILWOMAN DAVIS MADE MOTION TO TABLE RESOUTION 32-13, SECONDED BY COUNCILMAN DIXON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 1(WILLIS) RESOLUTION 32-13 TABLED. 3 RESOLUTION 33-13 – A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE SAME APPROPRIATIONS, AND THE APPROPRIATIONS THEREOF FOR THE CITY OF ANDERSON POLICE DEPARTMENT. COUNCILMAN CHAMBERLAIN MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILWOMAN DAVIS – READ BY CITY CLERK. JIM RHODES ASSISTANT POLICE CHIEF REPRESENTED THE RESOLUTION WHICH IS A TRANSFER OF FUNDS FROM ACCT # 51101 (REGULAR SALARIES) TO ACCT # 54420 (LT VEHICLES) IN THE AMOUNT OF TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000), FROM ACCT # 5119 (MISC. SALARIES & WAGES) TO ACCT # 54420 (LT VEHICLES) IN THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000). THERE WERE SEVERAL QUESTIONS AND COMMENTS REGARDING THE RESOLUTION. MAJOR RICHWINE FROM ANDERSON POLICE DEPARTMENT ALSO SPOKE REGARDING THE RESOLUTION. BRUCE DUNHAM, CHAIRMAN BOARD OF PUBLIC SAFETY ALSO SPOKE IN REGARDS TO THE RESOLUTION. QUESTION CALLED BY COUNCILMAN CHAMBERLAIN. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. RESOLUTION 33-13 ADOPTED. COUNCILMAN WILLIS MADE MOTION TO REMOVE ORDINANCE 32-13 FROM THE TABLE, SECONDED BY COUNCILMAN BIBBS. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. ORDINANCE 32-13 REMOVED FROM TABLE. RESOLUTION 32-13 – QUESTION CALLED BY COUNCILMAN PEPELEA: ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – 0. RESOLUTION 32-13 ADOPTED. RESOLUTION 34-13 – A RESOLUTION AUTHORIZING RETROACTIVE PAYMENT TO THE EXECUTIVE STAFF OF THE POLICE DEPARTMENT. COUNCILWOMAN DAVIS MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN DIXON – READ BY CITY CLERK. HUMAN RESOURCE DIRECTOR WAYNE HUFFMAN REPRESENTED THE RESOLUTION WHICH AUTHORIZES THE CITY CONTROLLER TO PAY THE EXECUTIVE STAFF OF THE POLICE DEPARTMENT THE LOST WAGES SUSTAINED DURING THE TIME IT TOOK TO RESTRUCTURE THE CLASSIFICATION. THERE WERE NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPEPELA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. RESOLTION 34-13 ADOPTED. RESOLUTION 35-13 - A RESOLUTION AUTHORIZING RETROACTIVE PAYMENT TO THE EXECUTIVE STAFF OF THE FIRE DEPARTMENT. COUNCILMAN NEWMAN MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN DIXON– READ BY CITY CLERK. HUMAN RESOURCE DIRECTOR WAYNE HUFFMAN REPRESENTED THE RESOLUTION WHICH AUTHORIZES THE CITY CONTROLLER TO PAY THE EXECUTIVE STAFF OF THE POLICE DEPARTMENT THE LOST WAGES SUSTAINED DURING THE TIME IT TOOK TO RESTRUCTURE THE CLASSIFICATION. THERE WERE NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPEPELA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. RESOLTION 35-13 ADOPTED. ADJOURNMENT COUNCILMAN PEPELEA MADE A MOTION FOR ADJOURNMENT, SECONDED BY COUNCILWOMAN JONES. MEETING ADJOURNED AT 9:06 P.M. DAVID EICKS PRESIDENT, COMMON COUNCIL SHEILA ASHLEY CITY CLERK 4 5