HomeMy WebLinkAboutNovember 5, 2012 COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
NOVEMBER 5, 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, November 5, 2012.
Council President Ed Zastawny, with Vicki Conlin, City Clerk, called the meeting to order at 7:00 P.M.
Council President Ed Zastawny welcomed all in attendance, asking those in attendance 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: Councilperson Smith, Councilperson Payne, Councilperson Gill,
Councilperson Glover, Councilperson Julius, Councilperson President Zastawny, Councilperson Samuel.
Council Vice - President Sellers and Councilperson Owen absent.
APPROVAL OF THE AGENDA:
Councilperson Julius requested to remove under New Business Item 2 until next meeting. Councilperson
Smith requested to add to the Agenda Item 2A and 2B. Councilperson Glover made the motion to
APPROVE the Agenda with the request for removal Item 2 by Councilperson Julius and the addition of
Item 2A and 2B by Councilperson Smith, seconded by Councilperson Samuel, passing on a vote of 7 -0.
MINUTES TO BE APPROVED:
Minutes from the Council Regular Proceedings of October 15, 2012: Councilperson Samuel made the
motion to APPROVE the minutes, seconded by Councilperson Payne, passing on a vote of 7 -0.
Minutes from the Council Special Proceedings of October 22, 2012: Councilperson Samuel made the
motion to APPROVE the minutes, seconded by Councilperson Payne, PASSING on a vote of 7 -0.
CLAIMS TO BE APPROVED:
Parks Claims: Controller Harmon presented the claims list for Parks in the amount of $27,992.92 to the
council for approval. Councilperson Samuel questioned about the Sewer Crestview claim on page four
for $665.30 and stating that seems a bit high for a sewer bill for an office. Controller Harmon responded
that she would look it up and give him the detail behind the claim. Councilperson Samuel made a motion
to APPROVE the Parks Claims in the amount of $27,992.92 seconded by Councilperson Payne, PASSING
on a vote of 7 -0.
General Claims: Controller Harmon presented the general claims list to the council for approval in the
amount of $1,533,153.14. Councilperson Julius asked Controller Harmon if she had an opportunity to
look into the Estopinal Group claim that was questioned last meeting. Controller Harmon stated that she
would have to get the information to him. Councilperson Samuel commented that under LOIT for the
purchase of SWAT vests and stated that in the budget there is $32,900 for this and the purchase was for
$38,000 and just asked that the Chief is made aware of this if he isn't already. Councilperson Samuel
made a motion to APPROVE the general claims in the amount of $1,633,153.14, seconded by
Councilperson Payne, PASSING on a vote of 7 -0. Controller Harmon requested the council that in the
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process of purchasing new software, the computer equipment needs to be updated. Controller Harmon
stated that with help from the I.T. Department Director Matt Dyer stating he has some funds available
and that she may have some funds available to purchase anywhere between 4 -7 computers. Controller
Harmon stated the price is approximately $1500 apiece and this would include updating the Microsoft
Suites to a newer version since they are currently at a 2003. Controller Harmon asked for approval for
this purchase by the Council in advance. Councilperson Smith made a motion to APPROVE Controller
Harmon purchasing this equipment with existing funds, seconded by Councilperson Samuel, PASSING on
a vote of 7 -0.
MAYOR REPORT:
None at this time
REPORT OF THE CLERK:
City Clerk Conlin made the council aware that November 14 and 15 BIS Digital will be installing the
new software and it should be up and running by the next council meeting on the 19 City Clerk Conlin
also made the council aware that Deputy Clerk Mrs. Burress has sent out an email with the finalized
Verizon spreadsheets.
DEPARTMENT HEAD REPORTS:
None at this time
A. UNFINISHED BUSINESS:
1.) Vicki Conlin- 2012- OR -51- An Ordinance transferring Certain Funds with the Same Department
(passed on 1 and 2 reading):
City Clerk Conlin presented 2012 -OR -51 for a third and final reading to transfer $5,996.70 from
Stationary and Printing to Computer Equipment to pay for the BIS Digital software.
Councilperson Glover made a motion to PASS 2012 -OR -51 on a third and final reading, seconded
by Councilperson Julius, PASSING on a vote of 7 -0.
2.) Monica Harmon- 2012- OR -52- An Ordinance transferring certain funds within the same
department or between departments (passed on 1 and 2 reading):
Controller Harmon presented 2012 -OR -52 for a third and final reading. Controller Harmon
stated that this is just a maintenance transfer between some departments and within some
departments. Councilperson Gill made a motion to PASS 2012 -OR -52 on a third and final
reading, seconded by Councilperson Payne, PASSING on a vote of 7 -0.
3.) Les Merkley- 2012- OR -46- Ordinance Amending Jeffersonville Zoning Code 2000 -OR -61
regarding location of Pain Management Clinics (passed on 1 reading 10/1/12):
City Attorney Merkley presented 2012 -OR -46 to amend code 2000 -OR -61 to restrict Pain
Management Clinics within 2500 feet from churches, parks, schools, and residences within the
12 Zoning Code. City Attorney Merkley stated this received a favorable recommendation from
the Planning Commission and will work in conjunction with the next ordinance that will be more
specific on this matter. Council President opened the public hearing at 7:12 P.M. and with no
further discussion, closed the public hearing at 7:12 P.M. Councilperson Smith made a motion to
PASS 2012 -OR -46 on a second and third read ±ng, seconded by Councilperson Julius, PASSING on
a vote of 7 -0.
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B. New Business
1.) Les Merkley 2012- OR -53- An Ordinance regulating the Location of Pain Management Clinics:
City Attorney Merkley presented 2012 -OR -53 to the council for approval stating that this is a
general ordinance pertaining to the Pain Management Clinics that is more specific. City Attorney
Merkley stated that this ordinance is going to be incorporated with 2012- OR -46. Councilperson
Smith made a motion to SUSPEND the rules with anticipation of passing 2012 -OR -53 on all three
readings with Councilperson Gill seconding, PASSING on a vote of 7 -0. Councilperson Smith
made a motion to APPROVE 2012 -OR -53 on all three readings, seconded by Councilperson
Payne, PASSING on a vote of 7 -0.
2 -A.) Councilperson Mike Smith- 012- OR -54- An Ordinance of Reduction of Appropriations:
Councilperson Smith presented an ordinance to the council that is a reduction of the
appropriations to the 2012 Budget to remove the funds for the Director of Communications
from the Mayor's Office. Council Attorney Scott Lewis stated that this is in conjunction with the
following ordinance, 2012- OR -55, that will appropriate the money for the Director of
Communications position into the City Clerk's budget. Council Attorney advised to only
introduce the ordinance on a first reading since appropriations need to be advertised. Council
President Zastawny added that the council can pass on a first reading and add in amounts
needed from Controller Harmon before finalizing. Councilperson Smith made a motion to PASS
2012 -OR -54 on a first reading, seconded by Councilperson Samuel, PASSING on a vote of 7 -0.
The roll call vote is as follows:
Yay Nay
Councilperson Smith: Yay
Councilperson Payne: Yay
Councilperson Gill: Yay
Councilperson Glover: Yay
Councilperson Zastawny: Yay
Councilperson Julius: Yay
Councilperson Samuel: Yay
2 -B.) Councilperson Mike Smith 2012- OR -55- An Ordinance of Additional Appropriation (by
Reduction of Appropriations):
Councilperson Smith presented 2012 -OR -55 to the council for approval on a first reading in
conjunction with 2012- OR -54; an ordinance of reduction of appropriation. Councilperson Smith
stated this ordinance is an ordinance of appropriation by reduction to the 2012 budget and is
appropriating the funds for the director of communications under the City Clerk. Councilperson
Smith made a motion to PASS 2012 -OR -55 on a first reading, seconded by Councilperson
Samuel, PASSING on a vote of 7 -0. The roll call vote is as follows:
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Yay Nay
Councilperson Smith: Yay
Councilperson Payne: Yay
Councilperson Gill: Yay
Councilperson Glover: Yay
Councilperson Zastawny: Yay
Councilperson Julius: Yay
Councilperson Samuel: Yay
3) Les Merkley 2012 -R -19- Resolution giving the Mayor Authority to Execute Documents for the
Sale of Property:
City Attorney Merkley respectfully requested approval of 2012 -R -19 by the council to authorize
Mayor Moore to sell a parcel of property to INDOT. The property is by the Park -N -Ride on Tenth
Street next to 165 and will include a piece of the turn- around loop in the lot. City Attorney
Merkley stated the money will go back into the general fund. Councilperson Samuel made a
motion to PASS 2012 -R -19, seconded by Councilperson Gill, PASSING on a vote of 7 -0.
4) Les Merkley 2012- OR -56- An Ordinance changing the Zoning Map at 2960 E. 10 Street from
C2 to C1:
City Attorney Merkley introduced the council to Mr. Todd Huntington who requested approval
of changing the zoning map of 2960 E. 10 Street, in the parking lot in front of Rural King, from a
C2 to a C1 for the placement of a new Taco Bell. Mr. Huntington stated that they received
approval of any and all waivers from Planning Commission. Mr. Huntington also stated that the
company has completed a study that shows this Taco Bell will not affect the business of the
other Taco Bell farther down 10 Street. Council President Zastawny asked what type of sign will
be placed and Mr. Huntington stated it will be a monument sign. City Attorney Merkley stated
that they city requires the developer to put sidewalks in place and they are committed to doing
so, however since there are no previous sidewalks that will connect to it City Attorney Merkley
is suggesting developing a fund that they can pay into as part of their commitment and the city
can use that fund to further develop sidewalks in the future. Councilperson Zastawny opened a
public hearing on this matter at 7:35 P.M. Citizen Mr. Czape stated some concerns to the traffic
problems coming out of the Rural King and Kroger and suggests a possible traffic light on 10
Street at the Kroger. Council President Zastawny closed the Public Hearing at 7:36 P.M.
Councilperson Samuel made a motion to PASS 2012 -OR -56 on a first reading, seconded by
Councilperson Payne, PASSING on a vote of 7 -0.
5). Monica Harmon- 2012- OR -57: An Ordinance amending 2011- OR -57:
Controller Harmon presented 2012 -OR 57 to the council for approval of additional appropriation
and stated that the resolution was done to advertised and had been advertised for a public
Hearing. Councilperson Zastawny opened up the public hearing at 8:39 P.M. and with no further
discussion the public hearing was closed at 8:39 P.M. Controller Harmon stated that this is to
appropriate additional funds to pay the debt service down for Vissing Park. Council President
Zastawny stated that the city is taking $4 million dollars out in BAN and going to spend 3 million,
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give back $1 million, and this appropriation is a way to pay down that debt so to only owe $1
million. Controller Harmon stated this is just appropriating and is the first step. Councilperson
Julius made a motion to PASS 2012 -OR -57 on a first reading, with Councilperson Gill seconding,
PASSING on a vote of 7 -0.
6). Monica Harmon 2012 - OR - 58 Amending the Salary Ordinance for the Year 2012:
Controller Harmon requested approval of 2012 -OR -58 that will amend the current years' Salary
Ordinance to add the animal shelter kennel attendant and the two Police Chaplains. Controller
Harmon stated both have the funds available. Councilperson Samuel made a motion to PASS
2012 -OR -58 with the moving of the Director of Communications from under the Mayor's
Department to the City Clerk's Department, seconded by Councilperson Smith, PASSING on a
vote of 7 -0.
B. REPORTS AND COMMENTS:
1.) PUBLIC COMMENT
NONE AT THIS TIME
2) COUNCIL COMMENTS
Councilperson Smith: gave a special thanks to Les Merkley for moving on the Pain Management Clinic
Ordinances and getting that taken care of. Also wanted to say that anybody he has shown the soccer
complex plans to in the community are all showing excitement about the possible project.
Councilperson Gill: Gave a quick reminder for everyone to vote the next day on Election Day.
Councilperson Samuel: Asked that there is notice given for anything that requires a Public Hearing so
that the public can know in case they do want to come speak on anything.
ADJOURNMENT:
Councilperson Samuel made the motion to ADJOURN, seconded by Councilperson Gill, passing on a vote
of 7 -0. Meeting ADJOURNED at 7:45 P.M.
APB VE / BY:
Edward Zast./ ny, Presiden
ATT TED BY:
il X
Vicki Conlin, City Clerk
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