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HomeMy WebLinkAboutMay 16, 2016COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA MAY 16, 2016 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:00 pm, on Monday, May 16, 2016. Council President Owen along with City Clerk Conlin called the meeting to order at 7:00 pm. Mr. Campbell gave the Invocation and Council President Owen asked those in attendance to recite the Pledge of Allegiance. ROLL CALL: The roll call was conducted and those present were: Councilperson White, Councilperson Zastawny, Councilperson Jahn, Councilperson Maples, Councilperson Gill, Council President Owen, Councilperson Hawkins, Councilperson Samuel and Councilperson Rodriquez. MINUTES TO BE APPROVED: Minutes from the Council Workshop April 29, 2016 — Councilperson Gill made a motion to APPROVE the minutes from the April 29, 2016 Council Workshop with Councilperson Zastawny seconding, PASSING on a vote, 9-0. Minutes from the Council Regular Proceedings May 2, 2016 — Councilperson Gill made a motion to APPROVE the minutes from the May 2, 2016 Council Meeting with Councilperson Zastawny seconding, PASSING on a vote, 9-0. APPROVAL OF THE AGENDA: Councilperson Gill motion to APPROVE the agenda by amending and removing item 4 under Old Business. Councilperson Zastawny seconded, PASSING on a vote, 9-0. CLAIMS TO BE APPROVED: City Controller Heather Metcalf presented the Claims. There is going to be one adjustment under the Mayor's claims it was listed as lunch with developers and it was actually Department Heads. Controller Metcalf stated under the Safety Department the Training had already been paid changing the new claims total to $1,091,653.53. Councilperson Gill made a motion to APPROVE the claims as amended, seconded by Councilperson White PASSING on a vote, 9-0. REPORT OF THE CLERK: Nothing at this time. AGENDA ITEMS: UNFINISHED BUSINESS: 1. Les Merkely — 2016 -OR -23 An Ordinance Establishing an Ordinance Violation Bureau (Passed on 1st reading 3/21/16, Passed on 2nd reading 4/4/16, Tabled 4/18/16) — City Attorney Les Merkley requested to TABLE 2016 -OR -23. He and Clerk Conlin are in the 1 process of working with Judge Weber on this matter. Councilperson Gill made a motion to TABLE with Councilperson Jahn seconding, PASSING on a vote, 9-0. 2. Les Merkley — 2016-R-5 A Resolution Of the Common Council of the City of Jeffersonville Approving the Order of the Jeffersonville Plan Commission (Tabled 4/4/16, Tabled 4/18/16) — Tabled — There has been dialog with the School Corporation however details need to be solidified. Councilperson Gill made a motion to TABLE 2016-R-5 with Councilperson Zastawny seconding, PASSING on a vote, 9-0. 3. Les Merkley- 2016-R-6 A Resolution of the Jeffersonville Common Council Regarding Approval of Expansion of Economic Development Area (Tabled 4/4/16, Tabled 4/18/16) 4. Greg Fifer — 2016 -OR- An Ordinance Approving and Interlocal Agreement with the Town of Clarksville, Indiana. (Interlocal Agreement Exhibit A) (Tabled 4/18/16) — Removed from Table (See Approval of Agenda). 5. Heather Metcalf — PUBLIC HEARING 2016 -OR- 32 An Ordinance of Additional Appropriation (Passed on 15t and 2nd, 5/2/16) Council President Owen opened the public hearing at 7:09 PM and as no members of the community came forward to speak for or against the matter the Public Hearing was closed at 7:10 PM. Councilperson Gill motion to APPROVE 2016 -OR -32 on the third and final reading with Councilperson Zastawny seconding, PASSING on a vote, 9-0. NEW BUSINESS: 1. Evan Stoner — Discussion on Fairness — Mr. Evan Stoner came before the Council to speak on equality and fairness for the LBGT community. Mr. Stoner had a video prepared, however it would not work with the equipment set up in the Council Chambers. Mr. Stoner stated it is unfortunate that this discussion has to be had on a local level, as the LBGT should have protection from a State level however that is not currently the case. There are several other local communities that have developed local ordinances concerning fairness. This will be productive for the City as a whole. Council President Owen stated he and Mr. Stoner have been having a conversation regarding this since March and he felt it was time to bring it before the Council to gather insight on this matter. Councilperson Gill as well as Councilperson White asked if other than not passing on a state level, if there had been an issue with this in our area. Mr. Stoner stated he would have to do extensive research in order to find that answer, but he was not aware of any. Council President Owen said this is a conversation that has been taken around the state. There is concern about the enforcement of the ordinance and what that would look like. Council President Owen stated this is a good conversation to have and it is a healthy conversation. Councilperson Jahn stated she feels it would be easier to have this conversation if there was a proposed ordinance in front of the Council so they could see the exact wording that is being recommended. Mr. Stoner agreed he would like to have a meeting with members of the Council to further discuss this matter. If just a declarative statement is done then nothing can be done if discrimination actually occurs. 2 Councilperson White stated he had a conversation with Mr. Stoner and he had mentioned EEOC to him and asked Mr. Stoner if he had looked into that. Mr. Stoner stated he had not. Councilperson Gill stated one concern of hers is that most businesses cannot change their policies without going to corporate. Council Attorney Scott Lewis stated that he and City Attorney Les Merkley conversed and the EECO does protect regarding this. Councilperson White said there are cases where the EEOC has acted on the behalf of LGBT that has been fired. Mr. Stoner stated that the LGBT community does not have protections at the state level and are left out of the Civil Rights protections and that is what he is seeking out support for on the local level. Councilperson White stated just for the sake of accuracy the EECO also recognizes LGBT individuals and protects them from discrimination in the workplace. City Attorney Les Merkley stated just to clarify, regarding the EEOC Councilperson White is correct. The EEOC issued an opinion stating that the definition of sex also included sexual orientation or transgender. People who work for the City who feel they have been discriminated against first go to the EEOC as they only deal with the workplace. Mr. Stoner stated it is not fair that every other person in the state is protected by the Civil Rights laws. A person who lives in the City and pays taxes should be protected under its' laws. Councilperson Gill said she does not understand because it seems as though Jeffersonville has already taken the measures necessary to protect all individuals from discrimination and by no means feels that the City is not supportive of all individuals' rights. Mr. Stoner stated that the Ordinance he is presenting is based off of one done in Caramel and passed in Caramel, Indiana. Jeffersonville would become the 23rd City to pass this type of Ordinance. PUBLIC COMMENT: Stacy Thompson — 3120 Georgiana Way, resident of Jeff local business owner and is the vendor coordinate for Jeffersonville first Pride Festival and was discriminated against when she was getting married in November. Ms. Thompson went through several photographers, but could not find a photographer in Jeffersonville so she went to Louisville to find one. As a citizen it would be nice not to feel like a second class citizens in Jeffersonville for her wife, and daughter the same protections so that if something does happen she can go to the City and file and complaint and feel like she has the same protections as everyone else in the City. Please pass a resolution. Marilee Kreml —1701 Greentree Blvd, Clarksville but lives in Jeffersonville Township. She is a Christian and worships in Jeffersonville. She is here with her wife and have been together for 18 years and been married for 3 years. It is still possible they can be kicked out of their home, and was discriminated against in a medical office here in Jeffersonville. There has been discussion about bathrooms tonight, and have been question about which bathroom they are using, because they are butch looking. They both are on disability that are invisible, and there is some discrimination going on in these areas. Her wish is the Jeff would take a stand so that community groups would feel welcome coming to this town. Brad Bell —1672 Garretson Ln, New Albany. Mr. Bell is the President of Southern Indiana Equality. Thank you all for the opportunity for the open discussion about fairness, some see this as a total waste of time, some in corner and some are opened and appreciative of the dialogs. There are over 20 cities/counties there is a new one that come forward weekly, because this opens the door for the LGBT community to 3 move. Jeffersonville is rapidly growing and people who are moving in tend to seek out certain protections are in-place. This ordinance would help. State statues do not cover LGBT. There are state funded programs that get Federal dollars and that is where the difference lies. 13 pages challenges anyone to see if there is LGBT. They are proposing 3 1/2 pages for the ordinance. David Dewberry — 977 Hazelwood Dr. Lived in Jeffersonville since 1973. In High school 1970 and teachers stated that they do not tolerate discrimination. Even though he owns a home in Jeffersonville he is considering getting a job in Louisville where they have protections. Taylor Richardson — 3511 Evergreen Circle, ally for many who are speaking and LGBT. Asking council to consider a fairness ordinance. This is needed and needs to enforce as soon as we can. Louisville has a Fairness Ordinance and it is right across the river. This will highlight this community in a positive way. We are not an exclusive community. We are open and welcoming to all. Beth Dorsey —120 E. Maple Court Clarksville. Ms. Dorsey was born and raised here first of all that just wonder thought the LGBT community about people who are not like them, and would not intentionally hurt someone. She had a granddaughter who was bullied at River Valley and was not treated well, she was the victim. She believes things have turned there and have special treatment and she is sorry that they have been treated badly and we are fighting a spiritual battle. And to accept things that God created the way we are. She wants to explain and not trying to discriminated and families torn apart because they were sued. 2. Shauna Graf — Greenway 2015 Annual Report — Ms. Graf gave a presentation and went through the funding and handed out the annual report. Mr. Jay Conner was present, Treasurer of the Greenway Commission. He spoke on the recent State Board of Accounts Audit. Mr. Phil Hendershot was also present and spoke regarding the Clarksville/Jeffersonville Connector. The Jeffersonville side is almost completed as well as the conceptual drawing for Clarksville. Hendershot stated the Council can go to www.greeway2040.org for additional information. Ms. Graf also gave an overview of the erosion happening of the riverbank in Clarksville and New Albany. Jeffersonville has always been a great community supporter and she encouraged everyone to get involved and volunteer. Councilperson Gill stated there are a lot of new members on the Council and it may be beneficial for them to contact Ms. Graf and do a bike tour. 3. John Seacor — South Central Regional Airport Authority — Councilperson Zastawny presented the Clark County Airport and introduced Mr. John Seacor. The airport is currently in need of $750,000 and Councilperson Zastawny spoke with Senator Ron Grooms in regards to Jeffersonville helping to fund the project in the amount of $400,000. We are getting 4.6 million dollars that we were not anticipating. Up to 25% of that can be used for airports and all of that amounts has to go towards infrastructure. This is going to make a big impact. Mr. Seacor is in the midst of a 20 million dollar project which includes new signage, lighting, an instrument landing system, perimeter fence, and the beginning phase of a new tower. This project is much deeper than a 15 foot runway. This opens us up and makes it appealing for businesses to come in and set up new jobs. Clark County Regional Airport is 2nd to Purdue. Clarksville gave $100,000 for this project, Clark County has given $220,000, Sellersburg is being asked to donate $30,000, and Charlestown is being asked for $30,000. They have also reached out to Horseshoe Casino 4 and One Southern Indiana. Councilperson Zastawny stated the Airport is either looking for a Resolution or a motion of support and then an agreement will be put into place. Councilperson Samuel stated there was some discussion about the fact that the City has no representation on the Board and that some are willing to step up and see if it's something we can do. Councilperson White stated we have infrastructure in our own City that this money needs to go toward. Councilperson White stated Holmans Lane is in dire need and before we know it we will be looking at spending the extra money. Councilperson Hawkins asked when a final decision would need to be made. Mr. Seacor said currently they are holding up contractors as it is. He also added that the Clark County Airport receives no tax dollars. They operate on $121,000 budget. Councilperson Gill stated she has not been in favor of this amount from the beginning. Councilperson Gill has been lobbying at the State for 2 years and meets the Street Department. We are currently in need of $500,000 for our infrastructure. Councilperson Zastawny made a motion to SUPPORT the Clark County Regional Airport in its expansion plans and will provide $400,000 in fund for the local match for the Federal grant related to the airport expansion. These funds will come from the special LOIT infrastructure funds that are to be disbursed by the state in 2016. Councilperson Zastawny will lead this effort by working with legal counsel and the City's Finance Department to follow through on the legal and procedural requirements to obtain the funds and disperse them to the airport with the following stipulations: 1. These funds would be held in an escrow account controlled by the Airport board and used exclusively for the local match for the federal airport expansion grant. 2. Local matching funds remaining or not exhausted for the airport expansion on or before December 31th 2018 will be returned to the city of Jeffersonville. 3. If the Clark Regional Airport is ever sold the city of Jeffersonville will be reimbursed for the amount it contributed in the local match for the airport expansion grant. Councilperson Samuel seconded the motion. Council President Owen stated he was more for this prior to tonight. There are no financial documents available and it seems as though there has been inconsistencies and if Mr. Seacor would like to get documents together and meet with the Finance Department. He may be more in favor once the other municipalities are committed to the amounts proposed. Councilperson Gill stated she is not sure how this is benefiting Jeffersonville. Mr. Seacor said that the airport is used by corporations to fly people in and out. Councilperson Gill stated she still does not see that is more important than failing infrastructure. A roll call was requested. 5 Yes No Councilperson White X Councilperson Zastawny X Councilperson Jahn X Councilperson Maples X Councilperson Gill X Councilperson Hawkins X 5 Councilperson Samuel X Councilperson Rodriquez X Council President Owen X Motion to support PASSED with a vote, 6-3. 4. Les Merkley — 2016-R-9 A Resolution Declaration Official Intent to Reimburse Expenditures — This is a Resolution that we are willing to reimburse in case there is a bond. Councilperson Samuel asked if this is for Redevelopment and not the General Fund and it is for Redevelopment. Councilperson Zastawny made a motion to APPROVE 2016-R-9 with Councilperson White seconding, PASSING on a vote, 9-0. 5. Dustin White — Agreement to Amend Real Estate Lease — This is a lease with CASI that has been expired and is month to month, however HUD requires that the lease be active and not on a month-to-month basis. Council Attorney Scott Lewis stated this does have to be approved by both the Council and Redevelopment. This only covers until the end of the calendar year. Councilperson Zastawny made a motion to ACCEPT the lease, with Councilperson Rodriquez seconding, PASSING on a vote, 9-0. 6. Matt Owen — Circuit Breaker Reductions — Council President Owen met with Councilperson Gill, Clerk Conlin, Controller Metcalf and Assistant Controller Dowd. Identified the following: $2600 from Social Security $2000 from Travel and Mileage $1900 from Advertisement $230,130.09 from Property and Casualty Insurance Claims Under budgeted by $81,000 in unemployment Compensation Property and Casualty Insurance Premium Line will absorb the under budgeting of Unemployment Compensation bringing its new total to $493,788 $7000 out of Special Projects $15000 out of Promotions This is in addition to the $50,000 out of the Motor Vehicle Fund. Brings it to $266,631.086 short of where it needs to be. There are two options — let it get absorbed by our reserves and the other would be to cut out of the premium for the health insurance fund. There is currently a reserves in the Health Insurance Fund of over a million dollars. Our expenses are going up but our balance remains positive. Councilperson Gill expressed concerns with taking it from the Health Insurance Premiums because last year we spent everything we had. Councilperson Zastawny recommended to take it out of the Health Insurance. We may want to leave the $70,000 in Special Projects because we are typically sponsoring things and we will be looking for that money. Councilperson Samuel said he is hesitant to take the money out of the Health Insurance. We may need to give Department Heads a heads up that we can cover it this year, but it is going to be tight. At some point we have to stop the increases. 6 Council President Owen asked to move forward we are going to take this out of Health Insurance. Councilperson Zastawny recommended leaving $50,000 in our Special Projects. Councilperson White stated our issue seems to be our homes are not increasing in assessed value. 7. Heather Metcalf — 2016 -OR -33 An Ordinance of Additional Appropriation (Public Hearing June 6, 2016) — Councilperson Gill met with Police Administration in regards to 2016 -OR -33. Councilperson Samuel asked about the revenue that was received from Thunder over Louisville. Controller Metcalf stated the City of Jeffersonville receives about $25,000 from Thunder. City Controller Metcalf stated she is not yet sure of all of the expenses from Thunder over Louisville. The Circuit Breakers Reductions will be added to this Ordinance of Additional Appropriation for the next Council Meeting. Councilperson Samuel made a motion to APPROVE 2016 -OR -33 on the first and second reading, with Councilperson White seconding, PASSING on a vote, 9-0. 8. Heather Metcalf — 2016 -OR -34 An Ordinance Transferring Certain Funds Within the Same Department — Councilperson Samuel made a motion to APPROVE 2016 -OR -34 on the first and second reading with Councilperson White seconding, PASSING on a vote, 9-0. City Council Attorney Report: Nothing at this time. Department Head Reports: Nothing at this time. Public Comment: No Public Comment. Council Comment: Councilperson White — Nothing at this time. Councilperson Zastawny — Nothing at this time. Councilperson Jahn — Nothing at this time. Councilperson Maples — Shout out to Jeffersonville Police since it is National Police Week. Thanks for all that you do. Councilperson Gill — Same as Councilperson Maples. Councilperson Hawkins — Nothing at this time. Councilperson Samuel —The Public Arts received a $5000 donation towards the Sugar Skull Shake coming in October. Thank you to Councilperson White and the other attorneys for bringing up the information about the EEOC tonight. That is information that he would not have if it were not for them. Councilperson Rodriquez — Nothing at this time. 7 Council President Owen — Happy Police Week. Thank you for all that you do and please pass it along to those who are not here. Adjournment: Councilperson Gill made a motion to ADJORN at 9:48 PM. APPROVED BY: ATTEST: Cune I Pat4j k Vicki Conlin, Clerk 8