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HomeMy WebLinkAboutMay 21, 2012 1 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, Indiana May 21, 2012 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:00 P.M., on Monday May 21, 2012. Council President Edward Zastawny, with Vicki Conlin City Clerk at the desk, called the meeting to order at 7:00 P.M. Council President welcomed all in attendance, asking those present to stand as Bobby Campbell gave the invocation, Council President Zastawny then led all those present in the Pledge of allegiance to the flag. The roll call and those present were Councilpersons Zach Payne, Bryan Glover, Dennis Julius, Matt Owen, Nathan Samuel, Lisa Gill, Mike Smith and Council President Edward Zastawny with Council Vice- President Connie Sellers absent. APPROVAL OF THE AGEND: Councilperson Glover made the motion to APPPROVE the Agenda as Amended with following 1 additions under New Business 2) Budget Reduction, 3) Redistricting, 4) Retiree Health Insurance and Mayor Comments, Mayor for the Day Essay Winners, seconded by Councilperson Owen passing on a vote of 8 -0. MINUTES TO BE APPROVED: Minutes from the May 7, 2012 Council Regular Session. Councilperson Samuel made the motion to APPROVE the minutes from the Council Regular Session, seconded by Councilperson Gill, passing on a vote of 8 -0. Minutes from the May 14, 2012 Council Workshop. Councilperson Samuel made the motion to APPROVE the minutes from the Council Workshop, seconded by Councilperson Gill, passing on a vote of 7 -0 -1 with Councilperson Owen abstain. h CLAIMS TO BE APPROVED: a) Jeff Parks Department $15,440.51. Councilperson Glover made the motion to APPROVE the claims of $15,440.41, seconded by Councilperson Gill, passing on a vote of 8 -0. b) General Claim list $969,206.83. Councilperson Samuel made the motion to APPROVE the claims of $969,206.58, seconded by Councilperson Gill, passing on a vote of 8 -0. c) T.I.F. $132,966.58. Councilperson Gill made the motion to APPROVE he claims of $132,966.58, seconded by Councilperson Samuel, passing on a vote of 7 -0 -1, with Councilperson Julius abstain. RECOGNITION: Peggy Duffy -Steel Dynamics. Peggy Duffy with City Pride recognized Steel Dynamics for their community volunteering with City Pride. Steel Dynamics employees have volunteer their time in Thunder Clean UP, Aquatic Center Landscaping, installation of New Entrance to Glossbrenner Garden and New Children's Garden at Warder Park. Council President Zastawny presented Mr. Flores with Proclamation signed by the City Council Recognizing May 21, 2012 as Steel Dynamics Appreciation Day. 1 1 i i i Mayor Comment: 4 a Ms. Christina Smith, Mayor for a Day Essay winner from Jeffersonville High School, presented her 3 winning essay to the Council. Council President Zastawny and Council member Congratulated Ms. Smith 1 1 and gave Ms. Smith a round of applause. REPORT OF THE CLERK: None at this time DEPARTMENT HEAD REPORTS: I Council President Zastawny opened up the Department Head Reports with Public Comment, which relates to Sara Green, Animal Shelter Directors Report. Jean Tharp, 425 Walnut Street, stated she has had issues with her neighbors at 429 Walnut Street regarding the dogs getting out of yard and attacking people coming and leaving area business. Ms. Tharp has contacted Ms. Green, Director of Animal Shelter and the police and does not feel the Ordinance regarding Vicious and these departments are upholding Dangerous Animals. Tressie Goetz, 400 E Court Ave, is owner of Goetz Enterprises, in 2006 personally attacked by a dog in her business backyard, and is representing the salon next door that has I had four people that have had to run inside the business due to the dogs being out and running towards the people. Mrs. Goetz requests that the city have someone out to check the fence. Sara Green, Director spoke and handed out pictures of her with the dogs along with a Jeff Animal Control Statement Form, and Call Out log. Ms. Green stated on has attempted to contact the person making the statement and call, left message and as of this date has not returned Ms. Green's call. Mrs. Goetz was attacked by a dog in 2006 but was not the dogs being question, the Animal Control Officer and Ms. Green check daily on this Ms. Green has requested pictures or audio of the dogs barking and out of the yard, without the pictures or audio Ms. Green cannot site the owners. Ordinance is being followed the dogs are up to date with their shots, friendly animals as the pictures show, also have spoken with several business in the neighborhood and they did not even know dogs were in the area Councilperson Julius commented the council is listening to all parties involved and assured several of the councilmembers will follow up with Ms. Green on the issue to see there have been no incidents. 1 AGENDA ITEMS: r , A. UNFINSHED BUSINESS: 4 1) Scott Lewis — 2012 -OR -24 An Ordinance Establishing a Vissing Park Non - Reverting Fund 3rd Reading Scott Lewis presented 2012 -OR -24 on the 3 and Final Reading. Councilperson Owen made the motion to APPROVE 2012 -OR -24 on the 3 and Final Reading, seconded by Councilperson Payne, passing on a vote of 8 -0. 2) Scott Lewis — Veto Over —Ride 2012 -OR -22 An Ordinance Re- Establishing the Parks Authority. Councilperson Owen made the motion to OVERRIDE and APPROVE 2012- OR -22, seconded by Councilperson Smith requesting a roll call vote, passing on a vote of 8 -0 with Councilperson Sellers ''. Q absent. ROLL CALL COUNCIL AYE NAY Smith Yes Payne Yes Sellers 1 Glover Yes Julius Yes Zastawny Yes 2 j _ r {{ s ; e I 1 t} i Owen Yes Samuel Yes Gill Yes i 3) Scott Lewis — Veto Over -Ride 2012 -R -4 Resolution Urging Federal Highways in Regards to the Ohio River Bridges Project. Councilperson Julius commented he had received numerous of calls for constituents thanking the council for introducing this ordinance. Councilperson Smith made the motion to OVERRIDE and APPROVE 2012 -R4, seconded by Councilperson Julius, Council President Zastawny requesting a roll call vote, passing on a vote of 7 -1 I with Councilperson Sellers absent. ROLL CALL COUNCIL AYE NAY Smith Yes Payne Yes I Sellers 1 Glover Yes Julius Yes Zastawny Yes Owen Yes Samuel No J Gill Yes I 4) Scott Lewis — 2012 -R -6 Slum and Blight Area Declaratory Resolution. I City Attorney Scott Lewis presented the 2012 -R -6 for signature by the Council President. The resolution was passed at the May 7, 2012 meeting but did not have a signature page attached. B. NEW BUSINESS: 1) Nathan Samuel — 2012 -OR -25 An Ordinance Abolishing Inactive Non - Mandatory Boards and Commissions. Councilperson Samuel presented 2012 -OR 25 commenting that several boards are presently inactive that are non - mandatory boards and commissions. Those boards are 2004 -OR -21 City Tree Board this is not active at this time Ms. Ashack and Mr. Corbin resented h p to the council the need for the tree board and needing to update the ordinance. By abolishing, the present one there will be a new and cleaner updated version for the Tree Board. 1993 -OR -27 Human Relations Commission, 2007 - OR-56 Campaign Finance and 2009 -OR -12 A Sustainable Jeffersonville Committee. Councilperson Owen made the motion to APPROVE 2012 -OR -25 on the first reading, seconded by Councilperson J Julius, passing on a vote of 8 -0. i 2) Nathan Samuel — 2012 -R -7 A Resolution to Give Notice of Proposed Reductions in the 2012 Budget. Councilperson Samuel thanked the members of the Finance Committee, Mike Smith, Bryan Glover, Lisa Gill and Monica Harmon, Dennis Julius was present at the meeting. The committee was able to $2,500,050.00 from the budget through General Fund Reduction of $2,007,650.00, Parks Fund Reduction $294,000.00, Sanitation Fund Reduction $155,000.00, Redevelopment Fund Reduction $43,400.00. Previously $1,000,000.00 funds available were cut making up the total of $3.500, 000.00 from Circuit Breakers. Changes made in the Resolution are special meeting will be on June 18, 2012 at 7:00 from June 4'2012. In addition, The Fiscal Director of the City will effectuate publication of the proposed budget from City Clerk. The publication must run 10 days before the Council may act 3 on the Resolutions. Councilperson Samuel made the motion to APPROVE 2012 -R -7, seconded by Councilperson Glover, passing on a vote of 8 -0. •S 3) Nathan Samuel — Redistricting Contract with Jacobi, Tooms and Lanz Councilperson Samuel commented he has been in contact with JTL in regards to redistricting. JTL has given Councilperson Samuel the contract to be recommended by the Council forward to Board of Public Works to sign and suggested JTL be paid out of the Council's Special Project. Councilperson Samuel made the motion to RECOMMEND forwarding the contract to the Board of Public Works for Approval and signatures, seconded by Councilperson Smith, passing on a vote of 8 -0. Council President Zastawny thanked Councilperson Samuel for working on this issue. 1 4) Scott Lewis — 2012 -R -8 A Resolution Requesting Enforcement of Ordinance 2004 -OR -74 Regarding Retiree Health Insurance Benefits. Council President Zastawny stated at the last Council Workshop discovered retirees health insurance being billed and paid for was less than previous ordinance required. At that time, the council requested Monica Harmon to go ahead and give notice to the retirees, and the proper amount to be billed as according to the prior ordinance passed in 2004. Council President Zastawny has been made aware the Mayor has instructed Ms. Harmon not to With that, Council President asked Mr. Lewis for advice on moving forward to have a resolution before us. City Attorney reported proposed Attorne Lewis re orted he drafted a osed resolution how to handle the situation, and p proposed 2012 -R -8 and titled A Resolution Requesting Enforcement of Ordinance 2004- OR -74. As the council knows, the ordinance has been in place since 2004 where the city is to pay 60% and the remaining 40% of insurance cost is paid by retirees or surviving spouses not eligible for Medicare. The Controller brought the issue to the council's attention that the ordinance was not being followed or enforced over 8 years. Council took official action, at the advertised workshop May 16, 2012, instructed the Controller to send the letters out and start enforcing this by the July1, 2012 date. Council became aware of the Mayors instructions to the Controller not to send out the letters and not to bill accordingly to the 2004- 0r -74. Councilperson Smith asked the question if an Executive decides they are not going to enforce an ordinance that was passed in 2004, was not the council, the Executive has the power to select which ordinance they are going to enforce? City Attorney Lewis replied it is his interpretation and many others interpretation of the statues that the Executive shall enforce ordinances. Councilperson Smith continued around $50,000 is not being collected because the ordinance not being enforced. At the last workshop May 16, 2012 the Council unanimously passed that, we want 2004 -OR -74 ordinance enforced. City has to act on the ordinance, change the ordinance but cannot ignore the ordinance.` Councilperson Glover reason looked at July 1s date was to give a 45 day notice that the change is on the way due to new Health Insurance effective July 1st Councilperson Owen stated the point going through my mind , is sending out a letter to a retiree on a fixed income giving 45 days notices that the rate is going up $100.00 per month, because someone made a mistake and we are giving to you all at one time due an eight year mistake, doesn't seem right. Councilperson Julius when an employee retires they go through an exit interview and told at that time the insurance cost would be 40 %, also the City is not making this retroactive needs to be enforced and with the new insurance going into effect July 1 the 45 day notice should be sufficient. 4 Councilperson Julius made the motion to APPROVE 2012 -R -8, seconded by Councilperson Payne requesting roll call vote, passing on a vote of 6 -1 -1, with Councilperson Smith abstain. ROLL CALL COUNCIL AYE NAY ABSTAIN Smith Abstain { Payne Yes Sellers Glover Yes Julius Yes Zastawny Yes Owen No Samuel Yes Gill Yes C. REPORTS AND COMMENTS: 1. Public Comment — Don Herrold, Sr. representing the VFW reminded the Council of the Veterans 1 Memorial Service on May 28 2:00 P.M. at Warder Park, and 12:00 Noon Monday May 28 at Clark County Government Building 2. Council President Ed. Zastawny — City Council Committee Reports — None at this time 3. Council Comments: 1 Mike Smith - Ribbon cutting ceremony on Wednesday for Accent Marketing. 2010 -2011 Council invested money into infrastructure for this area; through this investment, 350 jobs have come to the area and more business to follow. Zach Payne — RiverStage opens this weekend with concert May 26 Louisville Crashers and American Dream. Bryan Glover — Thanks to Nathan for his leadership in the Budget Process. Matt Owen — Thanks to Leah Farris for running the camera this evening, Will Hanna who usually is the cameraperson is receiving at $10,000 Holt Scholarship tonight. Thanks to Steel Dynamics for all the volunteer work, they have done for the city. Spoke with Christina Smith regarding her essay for Mayor for the Day and some of her suggestions were on the same track as council. Councilperson Owen expressed his reasoning for voting no for 2012 -R -8 , not against enforcing or asking the executive to enforce ordinance but think it is a little much for retirees to pay an 8- year -old mistake. Councilperson Samuel — Thanked the administration for picking up and removing the "bench bill boards" think we will find more benches coming up or moved to private property. gg 5 z Councilperson Gill — Thanked Councilperson Samuel for his leadership and hard tough decision the council had to make during cuts. Also, thank the city administration for addressing the "bench bill boards ". Councilperson Gill stated she would continue to follow up with Sara regarding the dog situation on Court and Walnut Streets. Council President Zastawny — Thanked Councilperson Samuel for his leadership during the budget cut process. Thanked the Mayor and administration for their action on the "bench bill board ". Last meeting the Mayor spoke to the Council regarding Speed Hump. The council never spoke against the speed humps and there was a recommendation to the Mayor for City Engineer, Attorney, Police Chief, Fire Chief and Street Commissioner to come up with a plan and policy instead of spending $100,000 without a plan and as of this date has not heard back from the Mayor. ADJOURNMENT: With no further business of the City Council, Councilperson Owen made the motion to ADJOURN, seconded by Councilperson Smith, passing on a vote 8 -0. Edward Zasta y, Presiders k k . ATTESTED BY: { fcAt: Vicki Conlin, City Clerk Yi 6