Tuesday, April 7, 2009


The City Council meeting of April 6th was mostly calm with the exception of Attorney Stan Robison's announcements.
  1. He has filed a suit against the Administration for hiring Ron Carroll without consulting with the council.
  2. As to the two tie votes on Gary McCartin's Wendy's project. A tie vote amounts to no action taken. It must be brought up within 90 days of the plan commission's approval (Feb. 20) or it passes automatically. This item will be on the agenda for the next meeting for a second and third vote.
There were seven items on the agenda, two were tabled and five were passed unanimously. Here is a breakdown:
  • R-09-08 Resolution to Fund a Feasibility Study for the New Albany City Council with Riverboat Funds. Tabled by Mr. Price
  • A-09-02 Additional Appropriation Ordinance for the EDIT Fund. Tabled by Mr. Gahan
  • A-09-03 Additional Appropriation Ordinance for the Non-Reverting Veterinary Fund. This is just for the use of the already accumulated $40,000 to hire an adoption coordinator. Passed 9-0
  • A-09-04 Additional Appropriation Ordinance for the Non-Reverting Animal Control Runs Fund. This is to use the continuing grant of $5,000 from Pet Smart to purchase supplies for the animal shelter. Passed 9-0
  • A-09-05 Additional Appropriation Ordinance for the Non-Reverting Parking Fund. I am not sure of the amount for this but City Clerk Marcy Wisman collected $127,000 in unpaid parking tickets last year so this was more than covered. This year she has collected over $17,000 in the first three months and she and Attorney Shane Gibson plan to take some people to court.
  • A-09-06 Additional Appropriation Ordinance for the Non-Reverting Riverfront Fund. This is just moving funds already collected. Passed 9-0
  • Z-09-06 Ordinance Amending the Code of Ordinances of New Albany, Indiana, Providing for the Zoning of Sexually Oriented Businesses, Including Adult Cabarets, Specifying Districts Where Adult Cabaret Uses are Permitted, and Further Specifying Development Standards for Adult Cabarets (Title XV Chapter 156) Passed 9-0
The only discussion was during the Communications from City Officials. Carl Malyz said the Mayor wanted a Resolution for appropriating funds to compete the amphitheater before July 4th. The authorization of $250,000 out of Riverboat funds was appropiated back when James Garner was mayor. Carl could not find a resolution for this but since the council is concerned about communication the mayor humbly asked for consideration. Carl also read Roberts Rules of Order which said a Resolution can be added to the agenda. Dan Coffey said there must be a 100% agreement from the council to add an item to the agenda. He added that he had given the mayor two opportunites to add any item to the agenda and he declined. After that he asked for a motion to add this resolution to the agenda. A motion was made by Bob Caesar and seconded by Jack Messer. Steve Price was the first to vote no, so the motion failed. There will be a special meeting Wednesday April 8 at 7:00 to discuss this appropriation.

Shane Gibson was asked about his contract and how he was paid. He said he is paid out of several funds, over 50% from the sewer utility and stormwater since he spends that percentage of his time on these issues. He added that he does not have a retirement plan, vacation days, or Social Security, and no PERF. He is paid with a 1099 and handles his own taxes. There was also discussion about re-establishing a city court. This cannot take place until 2012 because a judge would have to be elected for this court in 2011. All in all it was pretty quick and painless. The meeting adjourned around 8:30 or so.