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
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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.
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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
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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
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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.
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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
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PEGGY WILDER, CLERK AND TREASURER
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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
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CHARTERED MEMBER
New Directions Housing
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AFFAIR
CITY OF JEFFERSONVILLE COMMON COUNCIL
Mondav March 19, 2007
Public Comment Sign In - Please Print
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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
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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.
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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.
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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
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Address
Facsimile
The Active Network, Inc.
Authorized S(qnatory Date
Exhibit 1
Hosted Product: 0 ActiveNet OR 0 Class Hosted Internet Registration
Consulting Services
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T otats
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$4,800
NOTE THAT RATES SHOWN INCLUDE ALL TRAVEL EXPENSES OTHER
THAN AIRFARE
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