CITY COUNCIL MINUTES

DECEMBER 8, 2003

 

The Honorable Council of the City of Evansville met at 7:50 pm on Monday, December 8, 2003 in the City Council Chambers, Room 301 Civic Center Complex, Evansville, Indiana with President John, presiding.  The following business was conducted.

 

These minutes are not intended to be a verbatim transcript.  Audiotapes of this meeting are on file in the City Clerk’s Office.

 

ROLL CALL:

Present:            Kniese, Bagbey, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, John.

 

There being nine (9) members present and zero (0) members absent and nine (9) members representing a quorum, the President declared this session of the Common Council officially opened.

 

PLEDGE OF ALLEGIANCE

Deputy City Clerk Lynn Buhr led the pledge of allegiance this evening.

 

COUNCIL ATTORNEY

John Hamilton is Council Attorney this evening.

 

RECOGNITION OF SCHOOLS

Memorial High School: Matt Merrick.

 

SERGEANT AT ARMS

This evening there is no Officer as our Sergeant at Arms.

 

READING AND AMENDMENT OF MINUTES OF PRECEDING MEETING

Is there a motion to approve the minutes of the December 1, 2003 meeting of the Common Council as written?

 

Councilman Kiefer moved and Councilman Watts seconded the motion that the minutes of the regular meeting of the Common Council held December 1, 2003 be approved as written.  Voice vote.  So ordered.

 

REPORTS AND COMMUNICATIONS

IN YOUR DECEMBER 5th PACKET:

*Committee Meeting Schedule.

*Agenda for December 8, 2003 City Council Meeting.

*Minutes from City Council Meeting held December 1, 2003.

*Resolution C-2003-29.

*A schedule of meetings in the City/County Administration Building for December 2003.

*A copy of a memo to Peggy Braun from Wilhite and Associates and a proposed       

  ordinance regarding housing regulations for owners and occupants.

 *A copy of a letter from Wallace T. Gray, General Counsel for Key Benefit

  Administrators, Inc. to Councilman Curt John regarding the condition of the City of

  Evansville Employee Benefit Plan.

*A News Release regarding U.S. EPA Non-attainment.

*Second addendum to Ordinance F-2003-21.

*Informational packet regarding Ordinance F-2003-21.

*Line statements for four (4) funds (General Fund, Local Income Tax Fund, Riverboat

  Fund, Parks & Recreation Fund) estimated cash balances for December 31, 2003.

 

ON YOUR DESK THIS EVENING:

*Board of Park Commissioners Agenda for December 10, 2003 meeting.

*A memo from H.O.P.E. Inc.

*A letter from City Controller Glen Barnes regarding the current state of the City’s

  Health Insurance Program.

 

Councilman Watts moved and Councilman Bagbey seconded the motion to receive, file and make these reports and communications a part of the minutes of the meeting.  Voice vote.  So ordered.

 

CONSENT AGENDA

FIRST READING OF ORDINANCES OR RESOLUTIONS

RESOLUTION C-2003-29      ASD (ANGERMEIER)                                                 KNIESE                

A RESOLUTION CONCERNING ACQUISITION OF REAL ESTATE FOR NEW SOUTH SECTOR POLICE SUBSTATION

 

Councilman Melcher moved and Councilman Watts seconded the motion to adopt the Consent Agenda as written.  Voice vote.  So ordered.

 

CONSENT AGENDA

SECOND READING OF ORDINANCES OR RESOLUTIONS      

ORDINANCE F-2003-21             FINANCE (ROBINSON)                                                         KNIESE            

AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE AUTHORIZING TRANSFER OF APPROPRIATIONS WITHIN VARIOUS CITY DEPARTMENTS AND FOR ADDITIONAL APPROPRIATIONS FROM VARIOUS CITY FUNDS

 

COMMITTEE REPORTS:

 

FINANCE CHAIRWOMAN:                                                                               ROBINSON

Mr. President your Finance Committee met tonight and comes before you with a do-pass recommendation for Ordinance 2003-21 as amended. 

 

Councilman Melcher moved and Councilman Watts second the motion to adopt the Committee Reports and move this Ordinance to Third Reading.  Voice vote.  So ordered.

 

There being no further motions, this Ordinance is hereby moved to Third Reading.

 

 

REGULAR AGENDA

THIRD READING OF ORDINANCES OR RESOLUTIONS

ORDINANCE F-2003-21 as amended            FINANCE (ROBINSON)                                KNIESE            

AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE AUTHORIZING TRANSFER OF APPROPRIATIONS WITHIN VARIOUS CITY DEPARTMENTS AND FOR ADDITIONAL APPROPRIATIONS FROM VARIOUS CITY FUNDS

 

Councilman Melcher moved and Councilman Angermeier seconded the motion to adopt

Ordinance F-2003-21 as amended and call the roll.

 

ROLL CALL:

Ayes:                Bagbey, Melcher, Robinson, Watts, Angermeier, Kiefer, John.

Nays:               Kniese, Koehler Walden           

 

There being seven (7) ayes and two (2) nays, Ordinance F-2003-21 as amended is hereby declared ADOPTED.

 

MISCELLANEOUS BUSINESS

President John: Rob are you here today for Miscellaneous?

 

Rob Schaefer: I was here on November 24th.  We talked about the compliance forms for the Tax Abatement Program and I guess that me and John Hamilton would meet and kind of talk about maybe the process in the future.  We discovered that we needed to start the process a lot earlier than we have been.  We also talked about what sort of threshold for compliance.  We looked at the Ordinance that was passed a couple of years ago that has, you know, the new scoring sheets and all that.  It’s a little unclear.  I mean, it’s not unclear, it’s just not specific on how the process….well it’s not specific on what the threshold is of what’s not compliant.  So, I don’t know, if it’s my place to make a recommendation, but I think that probably a good process would be for me to get the CF-1’s, which I do already, to determine which ones I think are non-compliant and bring them to you.  If you agree, then I’ll write a letter to the companies and then we will have a public meeting for them to give their explanation about why they think that they are not in compliance. 

 

President John: I know in many instances they have a valid reason why….

 

Rob Schaefer: Right and the State Statute….

 

President John: And of our economy, or loss of a contract, some things like that.

 

Rob Schaefer: And the State Statute allows for….

 

President John: Some discretion.

 

Rob Schaefer: Some discretion, right. 

 

John Hamilton: Yeah, I did meet with Rob, and I reviewed what’s already in place.  I know last time there was a question of do we have a procedure for non-compliance.  And when this Council adopted a very lengthy Resolution a couple of years ago establishing guidelines, it also has very specific compliance review procedures in there.  And what you have right now by Ordinance or Resolution is that the Department of Metropolitan Development is to review each statement of benefits, and if it doesn’t appear to them that there is compliance, then they are suppose to bring it to Council then you can initiate the hearing process.  What I also reviewed with Rob was the State Statutes which require these forms to be filed by certain dates.  On real estate they are supposed to be filed within sixty days by the end of the previous year in which the deduction was taken.  And on manufacturing equipment I believe they have form March 1st to May 15th to file it.  And then the Statute goes on and says that within forty-five days of receiving that information the designating body, who’s the Council, is then supposed to take any action to determine if it’s compliance or non-compliance.  So….

 

Rob Schaefer: So we really will probably have two processes then, one for real estate and then one for equipment so that we get within the time frames that we are supposed to be in.

 

Councilman Melcher: I also spoke with the Attorney because, you know if you remember,  we talked about we did have policies in place, but I didn’t remember where all the terminology was, and I don’t think that we should sit here and put a number on it.  You, as of right now, is the State requiring you to get with them right now on these?

 

Rob Schaefer: On these… yes.

 

Councilman Melcher: So what I would recommend, you know it’s a little late and we are already behind on both of them.  I’d recommend we go ahead and pass these, go ahead and approve these, I guess, as they are.  And then he says he’s going to work on your discussion with Mr. Hamilton.  We’re going to be working on filing the Statute for next year.  Next year we’ll have a better handle on it.  I don’t think we need to be jeopardizing any of the corporations at this time or anything, and I don’t feel comfortable setting a number either.  I think when he brings them in, they will be able to go through that.  So I would recommend tonight, or if you want to, I could make that into a motion.

 

President John: Yeah, if you would.  Put that in the form of a motion.

 

Councilman Melcher: I was going to say I’ll make that a motion that we accept….that we go ahead and accept all of them this year and the next year we’ll file the guidelines. 

 

President John: Your motion is that we accept all the reports as being in compliance for this past year.

 

Councilman Melcher: Right.

 

Councilman Melcher moves and Councilman Watts to accept all the reports as being in compliance for this past year. Voice vote.  So ordered. 

 

President John: Councilman. Let the record reflect I assume they received unanimous approval. Okay.  Thank you very much.  Councilman, you have scheduled on the 22nd that vacation.  Is there any way that can be moved to the 15th?  Or is someone going to be out of town?

 

Councilman Bagbey: The petitioner as well as the remonstrators has a surgery.

 

President John: To make it on the 22nd?

 

Councilman Bagbey: It may not even go then.  I guess what we could do is….

 

President John: That is the only matter scheduled for that particular day.  So…

 

Councilman Bagbey: What we’ll do is have Madam Clerk call and see where these people are at.  to see if they…..  What I originally wanted to do in January and then they wanted to come back to the December 22nd meeting.

 

President John: As long as we know by next Monday.  I guess if we announce at a public meeting that that one is vacated to a different date and then we can notify the party’s individually to make sure that they are aware of it.

 

Councilwoman Robinson: I think…and if we could…

 

President John: It’s on the vacation.

 

Deputy Clerk Buhr: Vacation….so you’re not going to hear it?

 

President John: Well, no it’s still set for hearing pending information from Steve.

 

John Hamilton: I think since it’s a public hearing the parties should agree to that, and it should by on the record on the 15th that you are changing it.

 

President John: Right.

 

Councilwoman Walden: We’ll know next week.  We’ll know whether we are going to do it on the 22nd or not.  Right now it’s……

 

Councilman Bagbey: I’ll take care of notifying the interested parties and see what we can work out.

 

Councilwoman Robinson: Mr. President the two....I have two items under Miscellaneous.  One is that our City Clerk will have surgery on Wednesday morning, so let’s all send out a prayer for her.  That was the call that I just had.  She’s been notified that the surgery will take place on Wednesday.  And then also on an upbeat note today is Councilman’s Melcher’s birthday.

 

President John: Is there any other matter to come under Miscellaneous Business this evening?  All right, Committee Reports, Finance Chairwoman.

 

  

COMMITTEE REPORTS:

FINANCE CHAIRMAN:_____________________________________________ROBINSON

I don’t have anything scheduled at this time.

 

ASD CHAIRMAN:_______________________________________________ANGERMEIER

Nothing to report at this time.

 

President John: It appears we have the acquisition real estate for the new South Sector set for the 15th at 5:50 under ASD

 

PUBLIC WORKS CHAIRMAN:_______________________________________    BAGBEY

G-2003-28 and 29 set for 6:10 on the 15th of December, and I will……

 

President John: And then the other one is set for the 22nd at 6:10.

 

Councilman Bagbey: I may be calling you tomorrow and you may have to work with the Attorneys and the remonstrators. 

 

John Hamilton:  As long as I know who all the parties are.

 

ADJOURNMENT:

 

Councilman Bagbey moved and Councilman Watts seconded the motion to adjourn.  Voice Vote.  So Ordered.  Meeting adjourned at 8:30 p.m.

Last updated: 5/18/2007 11:40:33 AM
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