Common Council - Regular Meeting

I'd like to call the Monday, November 3rd, City of Leaport Common Council meeting uh to order. We will begin with the pledge of allegiance. Councilwoman Julie West, lead the way. I alian to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Roll call. Clerk. Treasurer. Councilman Kesnney. Present. Councilman Buchanan here. Counciloman West here. Councilman Frankie is absent. Councilwoman Huffman is absent. Councilwoman Ficus present. Councilman Galloway here. Five present, two absent. Approval of October 20, 2025 meeting minutes. Do I have a motion? I'd like to make a motion to approve the minutes as presented. Second. Discussion. Birthday girl. None. All in favor?

I oppose. Motion passes. Petitions and comments of citizens. Looks like I have one here. Reminder, three minute max. Um, this is not Q&A unless the council or so would choose to be. Uh, please be respectful and uh share your comments, concerns, or praise. Jody Slaybaugh, please come forward. Actually may have a question. So, if I may ask that as well. Mr. Slayball, come forward. You as well. and state your name and address for the

Jod Slay 222 West 9th Street. I'm here today because of this flyer that came out in the uh utility bill. This this last one that we got. Um I know you guys know about the sidewalk issue and it's kind of something that's important to me. Um, I wanted to clarify a little public misunderstanding here. I think it's a great idea that people take care of their property. They take care of their sidewalks. They keep them clean. They keep their yards picked up. It makes Leaport look a lot better. My issue is with the um the language here, it says this includes both repairs and overall cleanliness. You're well aware that there's a 2009 federal court order that says the um homeowners are not responsible to repair sidewalks in the city of Leaport. The judge not only um I know I know there was a defense of this ordinance, but the judge not only disagreed with it, but he cited 120 years of legal presence in the state of Indiana that the sidewalks are public utility and under the full um responsibility of the city of Leaport. Um besides that there's a um stipulation besides the um who's responsible for it. There's a stipulation order that the uh uh city of Leaport entered into because we had tax problems back then and city was didn't have enough money to fix the sidewalks. But anyways, I want to get back to the stipulation order. There was a 50 to $100,000 that's supposed to be set aside for emergency repairs for people with uh mobility issues, handicapped people in the city of Leaport. And I know it's been said that the city only has to be put away $50,000

to have sidewalks repaired, but that's not true. Uh that $50,000 was supposed to be set up for emergency repairs, so people who have handicaps didn't have to wait in the line of all the other repairs for sidewalks. And so I just wanted to make that clarification that um that the the homeowners aren't responsible for sidewalk repairs. That's been that's been argued in court and the court has made a decision on that. And I think that the the council um should put out a statement um correcting what's on this flyer. I think it's it's not right to tell people that they're responsible and that the uh the maintenance people or the um um the uh code enforcement is going to come around and write them tickets or whatever if their sidewalks aren't repaired or or they're not cleaned up. So, and that's the only reason I came here tonight and I would just like um the council to to clarify that and I wanted to make it a public statement.

Thank you. Thank you very much. And so I'll save my question for another day, but and again when an just for the council to Mr. Slaybos's point, when a resident calls code enforcement, it is their job to follow through. So when grass is coming up through the sidewalk or there's issues there, um people parking on sidewalks, uh we have to address that. That just happened last week. So when there are issues um our residents call and they have to address it. Simple.

I think that is the anything online standing committee reports. Councilwoman Ficus, traffic commission meets tomorrow, 5:00 pm at the police station and then park board will have their next meeting, Wednesday, November 19th, 4 p.m. at the park office. Councilman Galloway, a week from Tuesday's the veterans program at the Civic and you're supposed to open up and tell everybody hi and welcome. But I've told you we don't want politicians or elected officials. We only want veterans there. Are you a politician? I am.

Okay. just just welcome people then get the heck off the stage. That's what we only want on the stage. We want our veterans. That's who deserves it. Thank you, Roger. Councilwoman West. Uh nothing to report tonight. Oh, and by by the way, Councilwoman West, you were in Washington DC meeting with Congress about if you don't mind sharing because I think the public would like to hear that.

Uh absolutely. I was in Washington meeting with members of Congress last week. Um, the Hearts Act was passed last year, but there was no funding attached to it. So, we went back to ask for $50 million in funding. And of course, you know what the government looks like right now. Um, so we're hoping at least uh they'll think through that because we need the money to make sure our kids are safe in our schools with having the proper amount of AEDs. Um also the response plan in place if someone goes into when someone goes into sudden cardiac arrest and also some research money involved why children have cardiammyopathy at such a young age. So there's you know quite a bit involved but they passed it last year and now we just need the funding for it.

Councilman Buchanan, nothing to report this evening. Councilwoman Kesnney, happy birthday.

Thank you. Um I I know that uh the the airport authority was uh properly recognized last meeting. Unfortunately, I was not able to attend. So I would be remiss if I did not congratulate them publicly on the record uh for winning airport of the year. Uh it's a phenomenal board uh and staff that's at the airport. uh it helps uh keep Leaport moving and shaking and uh giving uh opportunities for outside uh possibilities and ventures uh to come in uh in more than one mode of transportation. So uh my heartfelt congratulations to the airport authority and their next meeting will be next Wednesday, November 12th at 5:15 at the airport.

Thank you. Any other comments? So, some great news. Mr. Shriber, if you don't mind uh coming forward, introducing our next uh donation. And it takes all of us working together. And it I just want to thank everybody uh regarding the Leaport County Convention Convention and Visitors Bureau. Uh as well as you'd like to we have a donation coming. So, if you don't mind introducing Jack Arnett, the man, the myth, the legend.

Absolutely. Uh Jack Arnett is a great community partner for us. We partner with them on so many things through the park and they have a great recognition tonight of the importance of our lakes. And we have uh representation here from the lakes association as well. So, uh Jack Arnett from the CBB, would you like to step forward and and let us know what the donation will be tonight? You want to stick right up here with us? I sure will. We might have a picture or something coming. You don't want to miss that. Absolutely. Jack, welcome.

Courtney, Nick, Jack Arnett, Port County, uh 1322 South, 300 East Leaport, and I'm representing the Convention of Visitor Bureau. Council members, it's it's great to be here tonight. Uh this is going to be a fun presentation. Uh we just want to say a few words about the uh Lake Association. I think this really needs to be about them, not us. We're really happy to be partnering with them and be able to help them out in their efforts to make our place more welcoming to our residents and our residents. And what we're talking about tonight is cleaning up that nasty mil foil that causes us all kinds of problems in our lakes. And they've been doing a great job, but as you all know, it takes money to make that happen. So, we were in a place where we could partner with them. We wanted to announce it tonight. And uh I think it's best if Jeff and the group from the lake association really take the stage and the center stage. So Jeff, would you like to come up and say a few words, please?

Jeff Matusk, welcome. And again, Jeff serves on our sustainability commission as well. So I appreciate all the community effort that you put into Leaport.

Right. Thank you, Mr. Mayor. Uh thank you, Jack. Mark, the uh lake association, as many don't know, has been around since 1965. just going to so it's been here for a long time even though many don't know that it's that we're here the importance of what we do um treating for the mil foil is important to the economic to residential to businesses to everybody involved in the city um the lake brings a lot of money into everybody to the businesses it helps property values helps taxes so that's why we really care and we work so hard to treat the lakes and if we stop treating the lakes in about 3 years there'll be no boats on the lake because they'll unusable. So, this has to be done forever. Um, you can't just kill it off. So, we have to continue to keep doing this and thankful for the donations. Memberships and household memberships, business memberships are how we pay for this and that's the only way we can take care of it. Um, next year we're looking at a big cost of anywhere from $50 to $80,000, which could be more to treat the lake in the spring. So, this is going to be uh it's super helpful for us. Um, we work hard. Um we're always open any of us from the board for any questions to help to come speak to talk about the process. I don't want to do it now. We'd be here till midnight. People want to go go do things. So um that's that's about it. So for to keep it simple and we appreciate everybody.

Jeff, you have a few members if you'd like to call them up. And we want to make sure Jack presents the big check, the little check, but I would like to get you center stage. That's it. We have doing the presentation now. Is that is that what Well, we can we have Vince Nafel,

Cory Huber, and Scott Bardell are all the board members for us. We're missing one. He couldn't make it tonight. Um but like I said, as a group, we work pretty hard to try to do what we can do and everyone takes their helps out whenever we can do. This year we've done some small fundraisers. um making $2,500 doing hot dog sales to doing, you know, getting the word out there and educating people of what we do. So, well, we appreciate all the effort uh that you've done. And Jack, would you like to say how much before we take the photo?

Oh, sure. It's that that's that's the fun part of this deal. So, um we were able to extract some dollars that visitors leave in our community and put that right back into our community. And so tonight we're going to be able to uh give a real check to Jeff and then we'll take a picture with the with the big check uh for 25,000 and that'll go a long way getting I'd just like to thank our board for putting us in a position so we're able to do that. good stewards of our dollars and we had those monies available to do this and it's a great thing and we hope others in the community will see what's happening here and jump on and help us with this project. They do a great job. So do the picture if you want.

We're fortunate to see in the city of Leaport government works. Just real quickly if anybody ever wants to look up any information we do have a website uh leaportake association.com or you can go on our Facebook page also. We say yes. Where do you want it, Courtney? Right in the middle. sound like

Oh, yeah. Oh, I got We'll talk. We need to be up in front. Yes. Red.

Thank you all. Jack, get out of here. Jack, if you don't mind, while you're here, um, Mr. Otis reminded us today already in the NBA if you want to share what statistically Edgecom who played here two years ago at the Leaport Invitational leading rookie uh scorer this year over 20 points a game in the NBA played at the Leort Invitational two years ago.

So Jack you want to get people out buy your tickets the best bang for the buck basketball-wise. I believe tickets are already up and on sale. And we want to check the website. It the games have been moved to uh January 9th, 10th, and 11th. It's going to be a Friday, Saturday, and a Sunday. A little different format. It's going to be exciting. Going to have some of the best basketball across the country going to be here. We're excited about it. I hope we have a couple more NBA first rounders here. Notre Dame's got two out of Lamire. Got two or three kids going from there. It's going to be a Cooper flag. All these names appeared at the Civic. So, don't want to miss it. Get out and enjoy uh inexpensively uh a weekend at the

family event. Yeah. Yes. Thank you, Jack. Second and final reading of an ordinance. Councilman Buchanan. I make a motion to uh read an ordinance for the second time by title only. Second. Motion and a second. Discussion. All in favor? I. Opposed? Councilman Buchanan. uh an ordinance of the common council of the city of Leaport, Indiana, annexing to and bringing in bringing within the city limits of Leaport, Indiana, and amending the zoning ordinance for property located in Cypio and Center Townships. That's the title. And this is the 19.7 acres of the um uh

National Guard Armory. Thank you. and do want to thank the county commissioners uh coming together to help keep our guard here in Leaport and allowing our water wastewater uh to do what needs to happen there. So, um Roger, if you'd like to make a motion. I'll make the motion. Do I have a second? I'll second the motion. Discussion. This was great work by all uh government working together and our guard will be staying here in Leaport. All in favor? I opposed. Motion passes. Second and final reading. Councilwoman West.

Your honor, I move to read an ordinance for the second time by title only. Second. Motion and a second. Discussion. All in favor? I. Opposed. Councilwoman West. An ordinance to amend ordinance number 26-2024, an ordinance fixing salaries of appointed officers and employees of the city of Leaport, Indiana for the year 2025, Department of Transportation. Do I have a motion to approve? So moved. Second.

Motion and a second. And this is an opportunity. We have a young lady that is able to drive and dispatch. And we know with the limited funds from the federal government and with everything happening um we have to keep those quality individuals. So all in favor I opposed. Motion passes. Introduction of an ordinance that will be tabled. Do I have a motion to table? I would like to make a motion to table. Motion and a second. Discussion. All in favor? I I opposed. Councilwoman Ficus, would you like to uh state?

We just need a little bit more information from the adjacent homeowners before we actually bring this before council. Motion is tabled. Councilwoman Kesnney, introduction of an ordinance. Uh your honor, I'd like to introduce an ordinance read in its entirety for the first time. Second. Motion and a second. Discussion. All in favor? I opposed. Councilwoman Kesnney,

an ordinance establishing stop signs at the intersection of Kingsport and F at the intersection of Panther Court and Rockwood and at the intersection of Panther Court and Marquette. Whereas the traffic commission after due consideration is recommended to the common council of the city of Leaport that yield signs at the intersections of Kingsport and F Street, at the intersection of Panther Court and Rockwood, and at the intersection of Panther Court and Marquette should become stop signs. Now therefore, be it and it is hereby ordained by the common council of the city of Leaport, Indiana, that section one, the yield signs at the intersection of Kingsport and F Street, at the intersection of Panther Court and Rockwood, and at the intersection of Panther Court and Marquette should be replaced with stop signs. Section two, this ordinance shall be in full force and effect upon its passage. Approval by the mayor and publication is required by law. End of ordinance. Councilwoman Ficus,

this is just cleaning up the yield signs that are in Leaport that should be replaced with stop signs. We found more. Other comments hearing? None. This will now move to the Monday, November 17th uh meeting, introduction of a resolution for an additional appropriation. Councilman Buchanan. I'd like to make a motion to read a resolution in its entirety for the first time. Motion and a second. Discussion. All in favor? I opposed. Councilman Buchanan.

Additional appropriation for MVH restricted fund, C fund, CCD fund, Randy Day fund, and park non-reverting fund. Whereas it has been determined that it is now necessary to appropriate more money than what was appropriated in the annual budget. Now therefore, section one, be it resolved by the common council of the city of Leaport, Leaport County, Indiana, that for the expenses of the taxing unit, the following additional sums of money are hereby appropriated out of the fund named and for the purposes specified subject to the laws governing the same. MVH restricted fund 2203-524-451 uh crack sealer materials amount requested $88,000. Amount approved $88,000. CCD fund 442-704-391.002 camera system fire department amount requested $11,957.37. Amount approved $11,957.37. Rainy Day fund 2236-069-520. Transfer amount requested $100,000. Amount approved $100,000. Park non-reverting fund 2211-803-391. Other services amount requested $10,000. Amount approved $10,000. End of resolution.

So, this is a resolution and can pass this evening. Uh, as you go through here, the crack seal material, um, the street department has been focused on crack sealing. you know, keeping good roads good while uh other roads continue to improve. Um I would like to say that um our prayers and thoughts uh go out to Jim Sims from our street department and uh we had a vendor that was loading the material uh injured uh Jim. So our prayers are with him. He is recovering well and um he's a strong man and uh we're glad that he is uh making a quick return as plow season is around uh the corner. And then others you see are um transfers whether it's the civic uh and then a purchase through CCD which was through the fire department. Um, again, remember Beachwood, the golf course, the civic auditorium. We've stopped providing for five years of this administration property tax dollars and have told them, you got to live within your means. You have to generate your own revenue. Uh, we continue to see the property tax uh dollars um be reduced and uh we'll continue to live within our means. Well, any comments?

I would like Oh, go ahead. Uh before we do that, I would like to open up to a public hearing. Uh do we have information on that? Yes. This was um published in the Herald Dispatch on October 22nd, 2025. So now, um we would like to open this up to a public hearing. Uh is there anybody from the public that would like to come forward and speak on any of these items? Anybody from the club would like to speak? Hearing your eye public hearing. Do I have a motion to approve? All in favor?

I motion passes. transman.

Motion in a second. Discussion. All in favor? I opposed. Motion passes. Coun or I mean Councilman Galloway.

Resolution to transfer funds within the 2025 budgets. Whereas there are additional monies needed in certain line items in the 2025 budgets in order to pay for essential services and obligations. Now therefore be it and is hereby resolved by the common council of the city of Leaport Indiana that the following transfers be made within the following budgets for the year 2025. General City Hall 1110- 11101-164 from 361 repairs maintenance to 315 professional services 3500 from 361 repairs maintenance at 351 utilities $355 communications one 01-311 from 331 printing advertising to 315 Professional services $218.75 Park and Recreation Park 2204-803 from 361 repairs maintenance to 315 professional services $1,500 park non-reverting 2211-803 from 391 other services to 391.002 002 Lakefest expenses $342.85 85 rainy day fund 2236-069 from 520 transfers to 5504-920 civic non-reverting transfer $100,000 ACO non-reverting senior center 5502-83 from 451 equipment to 241 other supplies $1,000 That's the end of it.

Thank you. And you'll notice some duplications as the process of moving funds. Uh it takes some processes to say the least. Uh by state code. So with that, um again, this is a resolution. Do I have a motion to approve? So moved. Second. Discussion. All in favor? I opposed. Motion passes. Thank you. Other business. Um your honor, I move to um take the resolution concerning the transfer of real estate to the city of Leaport Redevelopment Commission off the table. Second.

Motion and a second to take it off the table. All in favor? I opposed. Motion passes to take it off the table. Do I have a motion? I your honor, I move to introduce a resolution read for the first and only time in its entirety. Second. Motion in a second. Discussion. All in favor? I opposed. Councilwoman Ficus.

Resolution concerning the transfer of real estate to the city of Leaport Redevelopment Commission. Whereas Indiana Code section 36-1-11-8 authorizes the transfer or exchange of real estate between governmental entities upon terms and conditions as may be agreed upon by the entities and is evidenced by the adoption of a substantially identical resolution by each entity. And whereas the city of Leaport owns certain real estate identified as parcel numbers 46-11-6-3000-17.0000-58 0000-58 46-11-6-30-15.0000-58 and 46-11-6-3000--16.0000-58 as described on exhibit A which are desirable for the city for growth and development. And whereas the city also owns certain real estate identified as parcel numbers 46-06-26-380-00100-43 and 46-6-26-328-13.0000-43 0000-043 as described on exhibit B which are also desirable for the city to the city for growth and development. And whereas the city of Leaport redevelopment commission is established pursuant to Indiana code section 36-7-14 for purposes of economic development and redevelopment of the city. And whereas the city and commission are both governmental entities authorized to own, acquire, transfer, and lease real estate. And whereas in order to further the economic development and redevelopment purposes of the city and commission, the city desires to transfer the real estate to the commission. And the commission desires to accept the

real estate from the city in order to permit the commission to utilize or transfer the real estate consistent with its authority under Indiana law. Now therefore, be it resolved by the common council of the city of a port, Indiana as follows. One, the city agrees to convey the real estate described on exhibits A and B to the commission without cost. Which real estate may be owned, maintained, or transferred by the commission under such terms and conditions and pursuant to such procedures as are authorized by Indiana Code section 36-7-14 and other applicable laws governing the commission. Two, the mayor and clerk are hereby authorized to execute a deed and other conveyance documents or materials as may be necessary and appropriate for the transfer of the real estate to the commission and may approve any and all documents necessary or appropriate to affectuate the transfer of the real estate to the commission. This resolution is effective immediately upon its passage. End of resolution.

Mr. Rollers. Uh thank you. So this is it. two different uh parts of the city. The the first one is Beachwood Lakes, which is made up of three separate parcels uh which would be transferring these from the city to the Leaport Redevelopment Commission. The second uh is adjacent to Trudale A uh and there's already uh an adjacent parcel that is in the Leaport Redevelopment Commission's name. uh simply transferring that uh to further development in both of those areas. This is this is uh if you recall did this Newport Landing and some of the other development projects within within the city.

This is a resolution and can pass this evening. Motion to approve. Second. Discussion. All in favor? I opposed. Motion passes. Other business, a reminder, uh, Veterans Day, Mr. Galloway, what time tomorrow or I mean next week for veterans to there's breakfast in the morning. Yeah, 9:30. I think that starts in 10:30 is the program. 10:30 is the program. 10:30 is the program and then veterans family uh lunch after.

Yeah. At the BFW. Um, okay. If you're not a veteran or veteran spouse, you just pay for the spaghetti lunch. Otherwise, it's free. Well, we're paying for it, but at the VFW, right? And it's open to the public. Oh, yes. Great. Please get out and support uh your veterans. And uh students, any students need signatures, please come up after. We got you. You came to the right meeting. And uh do I have a motion to adjurnn? So moved. Second. All in favor? I opposed. We're adjourned. Have a great day.