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HomeMy WebLinkAbout03-19-2007 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA March 19,2007 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana, at 7:30 P.M. on Monday March 19,2007. Mayor Rob Waiz, with Deputy Clerk Treasurer Barbara Hollis at the desk, called the meeting to order. Also present were City Attorney Les Merkley and Purchase OrderIFinance Clerk Patti Blair. Mayor Waiz welcomed all in attendance, asking all those present to stand as Councilperson Ron Grooms gave the invocation. Mayor Waiz then asked all those present to join him in the pledge of allegiance to the flag. The roll was called and those present were; Councilpersons John Perkins, Ed Zastawny, Keith Fetz, Connie Sellers, Barbara Wilson, and Ron Grooms. Absent: Councilperson Phil McCauley. Following discussion, Councilperson Perkins made the motion to approve the agenda with the removal of agenda item # 11, second by Councilperson Sellers, passing on a vote of 6-0. Mayor Waiz presented the minutes for consideration by the Council. Councilperson Wilson made the motion to approve the minutes of February 26, 2007 (7:30 P.M.) as presented, second by Councilperson Grooms, passing on a vote of 6-0. Councilperson Wilson made the motion to approve the minutes of February 26, 2007 (5:30 P.M.) as presented, second by Councilperson Perkins, passing on a vote of 6-0. Councilperson Wilson made the motion to approve the minutes of March 5, 2007 (7:30 P.M.) with the addition of the insertion on page 4 of "The Council intends to rezone the block", second by Councilperson Perkins passing on a vote of 6-0. Councilperson Wilson then made the motion to approve the minutes of March 5, 2007 (5:30 P.M.) as presented, second by Councilperson Grooms, passing on a vote of 6-0. Deputy Clerk Treasurer Hollis presented the claim list for consideration by the Council, explaining seven additional claims. Councilperson Perkins made the motion to March 19, 2006 2 approve the claims and the seven aqditiona1 as presented, second by Counci1person Sellers, passing on a vote of 6-0. PUBLIC COMMENT: Mr. R. Summers entitled his comments "Poor People". He stated his concern for residents at, or below poverty level that may experiences increases in property taxes due to annexation. Mr. Summers suggests some type of financial assistance for those experiencing mortgage foreclosures. COUNCIL COMMENTS: Councilperson Perkins reviewed complaints of softball damage in the area of Playsquare Park. Parks Superintendent Rob Poff is working toward installing some type of net. Councilperson Perkins feels the net may be installed with City equipment. Mayor Waiz said there is talk about moving the softball field to Vissing Park. Councilperson Perkins said he could not agree more. AGENDA ITEMS: Park Superintendent Rob Poffexplained the need for passage of Ordinance No. 2007-0R-6, An Ordinance Authorizing Jeffersonville Parks And Recreation Department To Receive Debit And Credit Card Payments For Services And Fees. Council President Fetz asked about charges and fees. Superintendent Poff has reviewed several systems. The system chosen, activeNETWORK, has an up-front fee of $4,800. Councilperson Grooms asked if the anticipated transactions would be $500,000. Superintendent Poff is comfortable with that number and the fees. Following all discussion, Councilperson Perkins made the motion to pass Ordinance No. 2007-0R-6 on the second and third readings, second by Councilperson Wilson, passing on a vote of 6-0. Council President Fetz made the motion to pass Ordinance No. 2007-0R-9, An Ordinance Defining The Term "Good Cause" As Set Forth In Ordinance 2006-0R-68 And Requiring Documents To Support A "Sex Offender's" Request For Exemption, on the second and third readings, second by Councilperson Sellers, passing on a vote of 6-0. Ordinance No. 2007-0R-8, An Ordinance Amending Ordinance No. 2006-0R-5 And Ordinance No. 2006-0R-37, And Establishing The Office Of The Clerk-Treasurer As The Purchasing Agency For The City Of Jeffersonville, Indiana was presented. Councilperson Grooms has tried to relate to this as a business owner. A better approach I. March 19,2006 3 would be teamwork. Councilperson Grooms made the motion to amend Ordinance No. 2007-0R-8, page 2, number 3 to add on the second line following Purchasing Agency, "and appropriate Department Head and Mayor", and to replace $1,500 at every $500, second by Councilperson Sellers. Councilperson Perkins feels the amendment takes away the intent of the Ordinance. Mayor Waiz feels the $500 limit slows down the process. Councilperson Sellers has no problem with $1,500. Council Attorney Greg Fifer reviewed paragraph 3 and the intent. The intent is to allow the Clerk Treasurer to appoint purchasing agents. Councilperson Zastawny sees the benefit to having one person. He does agree with a raise in the amount. The Clerk Treasurer is a public servant. Councilperson Sellers withdrew her second. Councilperson Grooms withdrew his motion. Councilperson Grooms then made the motion to amend Ordinance No. 2007-0R-8 to replace $1,000 at every incident of $500, and to add number 13 on page 4 as stated by Council Attorney Fifer (Except upon good cause the Clerk Treasurer shall appoint the appropriate department head as purchasing agent), second by Councilperson Sellers, failing on a vote of 1-5. Councilpersons Perkins, Zastawny, Fetz, Sellers, and Wilson voted against passage. Councilperson Perkins then made the motion to pass Ordinance No. 2007-0R-8 on the third reading replacing $1,000 at every incident of $500, second by Council President Fetz, passing on a vote of 6-0. Deputy Clerk Treasurer Hollis presented and explained Ordinance No. 2007-0R- 11, An Ordinance Concerning Pre-Approved Payment Of Claims. Councilperson Perkins made a motion to pass Ordinance No. 2007-0R-ll on the second and third readings, second by Councilperson Zastawny, passing on a vote of 6-0. Mr. Danny Flanigan representing Repair Affair appeared before the Council to say thank you for the support of the program. Mr. Flanigan presented and explained a report for the 2006 program. The year was a banner year with 22 homes in Jeffersonville benefiting. He requests consideration for this year. There is an appropriation in the 2007 budget. Councilperson Perkins explained the problem of drainage on Ohio Avenue as he was in the area during the last heavy rain. The problem is due to a weir problem on 10th Street. No progress is being made. Mayor Waiz said he also visited the area during the rain and talked with Mr. Mike Lanham who feels the weir could be adjusted. Engineer March 19, 2006 4 Jorge Lanz has conferred with EMC and is looking for a solution. Councilperson Perkins said residents in the area of Pearl, West Chestnut, and West Maple are displeased with the area soup kitchen. Mayor Waiz said he would send the Police to patrol and a letter requesting the operators provide security. Councilperson Perkins did say he received compliments on the renovation of River Falls Motel. This has helped. Council President Fetz noted the soup kitchen depends on donations and volunteers. He does not feel there is money for security. There is a need for a rational solution. This service is meeting the needs in the community. Councilperson Perkins presented and explained the need for passage of Ordinance No. 2007-0R-15, An Ordinance Transferring Funds Within Same Department (General Fund-Common Council Budget). Councilperson Perkins made the motion to suspend the rules for Ordinance No. 2007-0R-15, second by Council President Fetz, passing on a vote of 6-0. Councilperson Perkins then made the motion to pass Ordinance No. 2007- OR-15 on all three readings, second by Councilperson Zastawny, passing on a vote of6- O. Councilperson Grooms presented and explained the need for passage of Ordinance No. 2007-0R-16, An Ordinance Regarding Abatement Fees. Councilperson Grooms made the motion to pass Ordinance No. 2007-0R-16 on the first reading, second by Councilperson Sellers, passing on a vote of 6-0. Councilperson Perkins made the motion to table agenda item #20, Fixed Assets Roads & Streets, second by Council President Fetz, passing on a vote of 6-0. Deputy Clerk Treasurer Hollis presented and explained Ordinance No. 2007-0R- 17; An Ordinance Of Additional Appropriation (EDIT Fund). Councilperson Perkins made the motion to pass Ordinance No. 2007-0R-17 on the first reading, second by Councilperson Wilson, passing on a vote of 6-0. Deputy Clerk Treasurer Hollis presented and explained Ordinance No. 2007-0R- 18, An Ordinance Of Additional Appropriation (Rainy Day Fund). Council President Fetz made the motion to pass Ordinance No.2007-0R-18 on the first reading, second by Councilperson Wilson, passing on a vote of 6-0. Deputy Clerk Treasurer Hollis presented and explained Ordinance No. 2007-0R- 19, An Ordinance Of Additional Appropriation (General Fund-Beautification March 19, 2006 5 Committee). Council President Fetz made the motion to pass Ordinance No. 2007-0R- 19 on the first reading, second by Councilperson Sellers, passing on a vote of 6-0. CLERK TREASURER COMMENTS: There were no Clerk Treasurer Comments. COMMITTEE REPORTS COUNCIL AND MAYOR COMMENTS: Councilperson Grooms commented JHS- TV is not present this evening. He feels they may have gone to the other building. Councilperson Grooms is researching funding sources for the EDIT request list. He also noted Butler University (his alma mater) is in the Sweet 16. He cheers on the Bulldogs. Councilperson Wilson noted the Concerts in the Park would begin May 11. Hard work is being done to get money for restrooms in Warder Park. Councilperson Sellers noted a golf scramble is being planned to benefit the spay/neuter program. Councilperson Wilson noted it would be held June 14,2007 at the Elks Club. Councilperson Perkins noted there is movement from the gaming authority. 20 Councilperson Zastawny asked if the top 1:t) employees and vendors have been published. Deputy Hollis reported it is being compiled. Councilperson Zastawny announced there will be a special Plan Commission meeting regarding auto repair and used auto sales on Wednesday, March 21, 2007 at noon in the Mayor's Conference Room. Council President Fetz was recently disturbed by information regarding the current situation of 9 less police officers on the street than there were two years ago. He intends to ask the Police chief for an explanation. He has concerns for current residents and the proposed annexation area residents. Mayor Waiz will hold a Mayor's night in the neighborhood in Rolling Fields and Blancel Terrace this week. A grant has been applied for for the Big 4 Bridge. Mayor Waiz is going to Indianapolis tomorrow to speak at an IACT event. He wishes all a good evemng. Counci1person Grooms thanked Officer Grimes for his attendance this evening. March 19, 2006 ~ST: ~...y~ PEGGY WILDER, CLERK AND TREASURER ---.. 6 e meeting was Report to the City of Jeffersonville - Repair Affair 2006 Volunteer Teams Aaron Crane Electrician Century 21 First Christian Church Graceland Baptist HeartWork Camp HeartWork Camp HeartWork Camp HeartWork Camp HeartWork Camp HeartWork Camp HeartWork Camp HeartWork Camp Kentuckiana Roofing Metro United Way Metro United Way/Kentuckiana Roofing Morton Memorial Methodist Church Morton Memorial Methodist Church St Marks United Church of Christ St Patricks Church UPS Wall Street UMC Whip Mix Corporation 200 Volunteers made prioritized repairs to 22 homes in Jeffersonville in 2006 Proiects Summary 1 Mise handy-man project 1 Lock repair 1 Electrical repair 2 Plumbing repairs 2 Ramp installs/repairs 2 Yard clean-up 2 Siding repairs 2 Total roof installs 2 Roof repairs 3 Exterior paint projects 3 Grab bar/handrail installs 4 Flooring repairs 5 Steps/Porch/Deck repairs 6 Interior projects/painting 7 Door/Window repairs 7 Gutter repairs A..^ NelghboiYlOrb. CHARTERED MEMBER New Directions Housing R E PAl $1 ~ AFFAIR CITY OF JEFFERSONVILLE COMMON COUNCIL Mondav March 19, 2007 Public Comment Sign In - Please Print Name Subject (k<\v~d {)~~{) R f)p> ~;, 1/ I f / " /;~ acfivsNETWORK Pricing Proposal: ActiveNet Software & Implementation Site Summary Following conversations, the pricing proposal is valid through March 31,2007 and has been based on the following information: Total revenue per year - Revenue $500,000 Estimated % offline transactions processed by Cash/Check TBD Estimated % offline transactions processed by Credit Card TBD Estimated % transactions processed via Online Registration TBD ActiveNet Software Facility Reservation I %of I Fee I Total Transaction Type transactions Total In House Transactions I $500,00 I 1.5% I $7,500 Credit Card (6%) I TBD I 2.25% I TBD On a yearly basis, City of Jeffersonville will pay 1.5% transaction fee for all staff entered transactions. If the Department processes credit cards, the credit card processing fee will be 2.25%. The credit card processing capability is built into ActiveNet and does not require further relationships with credit card vendor or the purchase of equipment. If you offer online registration, the participant will pay your registration fee plus a convenience fee equal to 6.5% plus '50 cents. There will be no fee for the City of Jeffersonville for these transactions. Therefore, the higher the percentage of people registering, online, the lower the cost will be on a yearly basis for the City. ' The combination of transaction fees and credit card fees paid by the Department and convenience fees paid by participants must equal a minimum of $750 per quarter ($3,000 per year.) The higher the percentage of participants that register online, the lower the yearly fees will be for City of Jeffersonville. OPTION A: Remote Consulting Services Service # of Hours Total Activity Registration 16 $1,600 Facility Reservation 16 $1,600 POS 8 $800 League Scheduling 8 $800 Total REMOTE Consulting Services $4,800 - - r 1 d'",BctiveNETWORK 'liZ":~:;''<";>''"' Online Transactions For each transaction entered into the system directly by your patrons using the self-serve online registration option, your patrons pay a convenience fee of 6.5% plus $.50 of the total receipt amount when they register themselves via online registration. If the registration fee is between $150-$500, the service charge will be 3.5% plus $5.00, and for fees above $500, the service charge will be 2.5% plus $10.00. The greater the percentage of participants registering online, the lower the costs will be to City of Jeffersonville as with this registration method, the Department does not pay a transaction fee. Credit Card transactions For transactions paid with credit card, an additional credit card processing fee of 2.25% applies. Your department may choose to offer credit card payment either both in the office and online, or solely online. Again, a greater proportion of online registrations will result in a lower cost to the Department, as the Department does not pay for transactions carried out via online registration. Minimum Fees On a quarterly basis, the combination of "Offline Transaction Fees (both transaction fee and credit card fee)" and "Online Transaction Fees" must equal a minimum of $750. vt " ~ act6veNETWORK Hosted Global Services Aareement This Hosted Global Services Agreement ("Agreement") is made effective as of , 2007 and entered into between The Active Network, Inc., a Delaware corporation, ("Active" or "we" or "us") and City of Jeffersonville ("you" or "your" or "Agency"). Active agrees to provide you the Services (as defined below) subject to the following terms and conditions: 1. Services. We will provide you with access to a fully-hosted version of Active's hosted product, "the Product", through our website. To assist us in the successful implementation and promotion of the Services, you agree to provide us with certain information requested by us relating to your organization. The Services and the functionalities and features of the Product and related consulting fees are more speCifically described in Exhibit 1 attached hereto and made a part hereof. 2. License to Intellectual Prooertv/Promotion. a) Active shall retain all right, title and interest in and to the Product and its software, trademarks, service marks, logo and trade names worldwide ("Intellectual Property") subject to a limited license necessary to perform this Agreement. You shall use the Intellectual Property only as provided, and shall not alter the Intellectual Property in any way, or act or permit action in any way that would impair Active's rights in its Intellectual Property. You acknowledge that your use of the Intellectual Property shall not create in you or any other person any right, title or interest in or to such Intellectual Property. Any goodwill accruing from the use of the Intellectual Property shall inure solely to the benefrt of Active. b) Active hereby grants to you a limited, non-exclusive, non-transferable license (i) to use the Product in accordance with Active's specifications, and (ii) to display, reproduce, distribute and transmit in digital form Active's name and logo in connection with promotion of the Services. You hereby grant to Active a limited non-transferable license to use, display, reproduce, distribute, modify and transmit in digital or. printed form information provided by you relating to your organization, including your organization's name, trademarks, service marks and logo, in connection with the implementation and promotion of the Services and the promotion of your organization. You will make reasonable efforts to promote and encourage adoption of the Services, including displaying Active's name and logo in any newsletters, printed registration forms or mailings provided by you to prospective participants. 3. Information Security. We will collect information, including names, addresses, credit card information and other information required by you, from individuals registering for your Activities through the Website. Such information shall be stored on a secure remote server. You may access this information at any time by downloading it from our servers using your private password and "login" identifier. If you are unable to access your registrants' information through the event director portion of the Website, upon request we will send such information to you via e-mail, fax or airmail. You will be responsible for protecting the privacy and security of any information that you retrieve from our servers and shall prevent any unauthorized or illegal use or dissemination of such information. All information collected by Active shall be jointly owned by Active and you. 4. Privacy. Each party shall comply with all applicable laws, regulations and guidelines (including each party's privacy policy) governing online privacy in fulfilling its obligations hereunder and in collecting and using personal information about users of the Website. 5. Fees. Transactions entered directly by participants through the Website will be as~essed the customary service fee charged by Active to online registrants ("Service Charge"), as described below. Transactions entered by a member of the Agency on behalf of a participant will be assessed a Service Charge equal to 1.5% for cash or check, and 3.75% for credit card transactions. Each online registrant will pay the event registration fee charged by Agency plus a Service Charge 'equal to 6.5% of the registration fee plus $.50, with a minimum Service Charge of $2.00. If the 'registration fee is between $150-$500, the Service Charge will be 3.5% plus $5.00, and for fees above $500, the Service Charge will be 2.5% plus $10.00. We may change the Service Charge at any time and you agree to such change unless you provide us with written objection to such change within 30 days from the date such change is first implemented. We will be responsible for collecting all registration fees charged by you and all Service Charges assessed by us. All registration fees, except Service Charges, are your exclusive property. Any registration fees collected by us will be sent to you twice a month and Service Charges shall be retained by us. You shall guarantee and pay to Active a minimum aggregate Service Charge, whether through offline or online transactions, of $750 per calendar quarter (the -Minimum Quarterly Service Charge"). You shall pay to Active the difference between such Minimum Quarterly Service Charge and the actual Service Charges collected by us during such quarter, which will be billed at the end of each quarter beginning from the date set forth below. Active shall not be responsible for processing or making any refunds. All credit card refunds processed will be assessed a $.10 fee charged by Active to you. Active may reimburse itself for any credit card charge backs and associated fees out of registration fees collected by it. In the event such funds are not available, you agree to reimburse Active for any charge backs or refunds. 6. Consultina Fees. Consulting Fees are more specificaDy described in Exhibit 1. All fees set forth in this Agreement and in Exhibit 1 will be due within 30 days of invoice date. Each Fee is due on or prior to the 1 fl' day of the first month of the billing period. Any Fees rendered later than this deadline shall accrue interest at the annual rate of 10%. In the event of delay in paying a Fee, you shall reimburse Active for any legal fees incurred by Active in its collection efforts. Page 1 of 1 - act,veNETWORK 7. Disclaimer of WarrantvlLimitation of Liabilitv. Active expressly disclaims any warranty that the use of its Intellectual Property or the Services will be uninterrupted or error free or that the specifications will meet your requirements. The Intellectual Property and Services are provided to you on an "AS-IS" basis without warranties of any kind, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. Active shall not be liable for 'indirect, incidental, consequential, or lost profit damages. Active's total liability under this Agreement is limited to the amount of registration fees retained and not distributed to you and Service Charges collected and retained hereunder. 8. Term and Termination. The term of this Agreement shall be for two (2) years from the date set forth below, with automatic renewals for one (1) year terms thereafter until either party gives written notice to terminate this Agreement no less than ninety (90) clays prior to the end of a term. Either party may terminate this Agreement upon a material breach by the other party if such breach is not cured within thirty (30) days following written notice to the breaching party. 9. ReDresentations and Warranties. Each party represents and warrants that it has the necessary and fun right, power, authority and capability to enter into this agreement and to perform its obligations hereunder; that it owns or controls the rights granted or licensed to the other party herein; that the execution and performance of its obligations under this Agreement will not violate any known rights of any third party, any contractual commitments or any applicable federal, state and local law or regulation; and that to its knowledge the marks, logos and intellectual property licensed to the other party herein do not violate the proprietary rights of a third party. 10. Exclusivity Active wiD be the sole and exclusive provider of the Services for your agency for the term of this Agreement. 11. Indemnification. Each party shall indemnify and hold harmless the other party and its directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or proceedings (whether threatened, asserted, or filed) and all related damages, losses, liabilities, cost and expenses (including reasonable attorneys' fees), to the extent that: (i) it is based upon the indemnitor's breach of a representation, warranty or obligation hereunder; (Ii) it arises out of the indemnitor's gross negligence or willful misconduct; or (iii) it is based upon the indemnitor's violation of any applicable federal, state or local law or regulation. You shaD indemnify and hold harmless Active against any claim or cause of action to the extent that it is based on injury to a participant in any of your Activities. 12. Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the American Arbitration Association (AAA) rules then in force and effect. The arbitration, including the rendering of an award, shall take place in San Diego, California, The arbitrator or arbitrators shall apply the substantive law of the State of California. Judgment on the award rendered by the arbitrator or arbitrators may be entered in any court of competent jurisdiction. 13. No Authority to Bind. Neither party shall incur any obligations for or in the name of the other party, or have the authority to bind or obligate the other party. Neither party shall make, issue or authorize any statements (whether or oral or written) in contraverltion of the foregoing. 14. Miscellaneous. Any notices shall be in writing by fax or airmail. Neither party may assign its rights or obligations arising out of this Agreement without the other party's prior written consent, except that Active may assign this Agreement in connection with any sale of all or substantially all of its assets or any other transaction in which more than fifty percent of its voting securities are transferred. This Agreement shall be governed by the laws of the state of California. This Agreement contains the entire understanding of the parties regarding the subject matter and can only be modified by a subsequent written agreement executed by both parties. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorneys' fees. Sections 2, 7, 10, 11 and 13 of this Agreement shall survive any termination or expiration of this Agreement. The individuals signing below represent and warrant that they have the power and authority to bind the respective entities that they represent. Full Legal Customer Name Authorized Signatory Date Page 20f2 . '- ..8Ct,veNETWORK :'+i~i';;.'l~ Address Facsimile The Active Network, Inc. Authorized S(qnatory Date Exhibit 1 Hosted Product: 0 ActiveNet OR 0 Class Hosted Internet Registration Consulting Services Dj. Dji. D.iii. E.i. E.ii. Ejii. $75 $75 $75 T otats 48 $4,800 NOTE THAT RATES SHOWN INCLUDE ALL TRAVEL EXPENSES OTHER THAN AIRFARE Page 3 of3