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HomeMy WebLinkAbout01-10-1994COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA JANUARY 10, 1994 The Common Council regular session in Council Jeffersonville, Indiana, at of the City of Jeffersonville met in Chambers in the City-County Building, ?:30 P.M. on the 10th day of January, 1994. The meeting was called to order by Mayor Jr., with Clerk and Treasurer C. Richard Spencer Mayor Parker welcomed all in attendance, asking ail stand asked Raymond J. Parker Jr, at the desk. those present to as Councilperson Steven Stemler gave the invocation. He then ali those present to join him in the pledge of allegiance to th~ flag. The roll was called and those present were Councilpersons Bill Wolpert~ Andrew Williams III, Donna M. Frantz, Peggy Knight Wilder, Barbara Wilson, Robert L. Potter, and Steven R. Stemler. December Absent: None. Mayor Parker presented the minutes of 15~ 1993 for consideration by the Council. the meeting of Council President Potter made the motion by Councilperson Wolpert, following a carried unanimously. Clerk and Treasurer Spencer spelling correction, to approve the minutes as presented, seconded the motion additional claims for presented the claim list with by the Council. consideration Following Potter made seconded the 1994 two explanation of the additional claims, Council President the motion to approve the claims as well as the additional, by Councilperson Woipert and carried unanimously. Council President Potter opened the nominations for Council President by nominating Councilperson Stemler. Councilperson Williams seconded the nomination. Council President Potter asked for other nominations. nominations. The Stemler abstaining. There being none, he made the motion to close the motion carried unanimously with Councilperson Council President Stemler made the following nominations for Secretarial Appointments: Budget and Finance, Councilperson Governmental and Community Relations, Councilperson Wilder; the 1994 Williams; PAGE 8 JANUARY 10, 1994 Transportaion, Councilperson Wilson, Environmental and Public Safety, Councilperson Frantz; Interior and Natural Resources, Councilperson Wolpert; Labor Relations, Councilperson Potter; and Economic Development, Councilperson Stemler. Councilperson Williams seconded the nominations. Councilperson Potter asked Finance and Councilperson Williams take Labor unanimously. 94-R-1, Funds. that he take Budget and Relations. This passed Clerk and Treasurer Spencer explained Resolution No. A Resolution Authorizing The Investment Of Temporarily Surplus Councilperson Potter made the motion to pass Resolution 94-R-1, seconded by Councilperson Williams and carried unanimously. Councilperson Williams asked if a word other than "surplus" could be used. Attorney Gillenwater explained he has as yet not been able to obtain the legal description necessary for the deed correction. He has been assured this will be available for the next meeting. Council President Stemler Redevelopment Director Carroi Gowens Director Gowens explained the Department introduced Department of and Engineer Jorge Lanz. of Defense is making a one time grant available through the economic development administration to communities that have suffered unemployment due to the closure of a plant. A preapplication was submitted in the Spring of 1993 in the amount of $2.8 million for infrastructure. This land is in the County, however city sewers would be necessary. The City is being asked to participate in a joint application with the County and the Port Commission. The City will be directly responsible for $110,000. It is anticipated that when the project is complete it will employ about 800. It is also anticipated this will lead to additional development at the Port. Engineer Lanz explained this will be a high-tech sophisticated business type park with sophisticated phone cable. The developers are agreeable to tax abatement if the City should annex, or without tax abatement ask for a length of time before the City annex the area. They are willing to work with the City. Councilperson Wilder would prefer to annex the area and give a tax abatement. Council President Stemler explained he has been working with these people and they are open minded. There is a letter of PAGE 3 JANUARY 10, 199A agreement not good project anticipated discussion, to remonstrate. Director Gowens explained this is a that he has been working on for a long time. It is not the $110,000 will be needed until spring. Following all Council President Stemler made the motion to pass 94-R-2, Resolution No. Of Jeffersonville, Indiana~ Grant Application To The U.S. Department of Development Administration And Addressing Related Councilperson Williams and carried unanimously. Councilperson Potter introduced Ordinance No. A Resolution Of The Common Council Of The City Authorizing The Submittal Of A Title IX Commerce, Economic Matters, seconded by 93-0R-66, An Ordinance Establishing Retiree's Health Insurance Benefits For City Employees~ for the third reading. Councilperson Potter believes the benefit should remain at $800 for all retiring employees. Councilperson Frantz stated she had talked with Agent of Record Cooper and believes a discrimination can be made between single and family benefits. Attorney Gillenwater has issued a letter stating he believes an argument can be made. This has not been an area that has received attention. It would be possible to defend, but may open the City for a test case. Firefighter Tony Decker, President of the Firefighters Local explained he was elected by the insurance committee to present recommendations for changes in the health insurance plan. These recommended changes are; to increase the prescription card from $3.00 to $5.00; to bid the insurance in April to obtain competitive rates; to make $800 available to all retirees whether single or familty, in Ordinance No. 93-0R-66. It is felt that it is discrimination and a penalty to the single policy holder. Councilperson Potter made the motion to pass Ordinance No. 93-0R-66 on the third and final reading. Following discussion was being passed Councilperson Frantz explained she table Ordinance No. 93-0R-66 until the next meeting. Potter made the motion to table Ordinance No. Councilperson Stemler and carried unanimously. Following discussion it was decided of which draft would like to Councilperson 93-0R-66, seconded by to have the next meeting January 84, 1994. PAGE ~ JANUARY 10, 1994 Councilperson Potter introduced Ordinance No. 94-0R-1, An Ordinance Authorizing An Additional Appropriation (General Fund - Police Department Vehicles). Councilperson Potter explained this will allow the Police Department to replace 82 or 23 vehicles. He asks the Council separate in their mind the control issue from the need for new police cars. He then read a letter from Suzy Schnatter Nevitt explaining a life-death situation that was complicated by a police vehicle that did not start immediately and then did overheat. The letter did commend the assistance from Officer Cleveland. Councilperson Potter explained there is no doubt there is a need for new vehicles, and made the motion to pass Ordinance No. 9~-OR-1 on the first and second readings~ seconded by Councilperson Wolpert. Councilperson Wilder agreed it is true when the budgets were prepared in July the agreement ~as to spend $96,000 for police vehicles however she asks the Council to remember the stack of -papers Street Commissioner Trembley presented regarding repairs and urged the Council to vote favorably as it appears this additional money is available. Ordinance No. 94-0R-1 failed on the first and second reading on the following roll call vote: Ayes: Councilpersons Wolpert, Nays: Councilpersons Williams, Potter, and Wilder. Frantz, Wilson, and Stemler. Councilperson Wilder introduced Ordinance No. 94-0R-2~ An Additional Appropriation (General Fund - Councilperson Wilder made the motion to Ordinance No. 9~-DR-8~ seconded by carried unanimously. Councilperson Wilder 94-OR-2 on all three passing on the following Ordinance Authorizing An Common Council Drainage>. suspend the rules for Councilperson Williams and then made the motion to pass Ordinance No. readings, seconded by Councilperson Williams, roll call vote: Ayes: Councilpersons Wilson~ Stemler~ and Potter. Nays: None. Councilperson Wilder Drainage Proposal Ordinance. suspend the rules for Councilperson Williams and Wolpert, Williams, Frantz, Wilder, introduced Councilperson Ordinaoce No. carried unanimously. Ordinance No. 94-0R-3, A Wilder made the motion to 94-0R-3, seconded by Councilperson Wilson PAGE O JANUARY 10~ 1994 then made the motion to pass Ordinance No. 9~-0R-3 on ail three readings, seconded by Councilperson Williams, passing on the following roll call vote: Ayes: Councilpersons Wilson~ Stemler, and Potter. Nays: None. Mayor Parker Wolpert~ Williams~ Frantz, Wilder, introduced Ordinance No. 9~-0R-4~ An Ordinance Amending Certain Portions Of Section 1 Of Ordinance No. 93-0R-~8 (Sewage DePartment - Plant Superintendent). Mayor Parker explained the letter recommending this change he submitted to the Council~ saying this would not be an out-of-range salary. Councilperson Stemler suggested that due to the R.F.P. for the operation of the plant the Council consider a one-time bonus until a determination is made. Mayor Parker explained he would consider this, however he feels Superintendent James has done a top-notch job. Councilperson Williams is concerned for all employees that are watching. Mayor Parker explained Superintendent James has saved the City a considerable amount of money in not replacing Stevel Tolliver. He does deserve compensation as he has done the same as others have done with consolidating duties. Councilperson Frantz questioned how much money is paid to Proctor Davis Ray. This has dropped back to $900 a month as the plant has been certified. Superintendent James has not received any extra compensation since Utility Director Toiliver left and Mayor Parker feels he has saved more money for the City than has been asked for. Superintendent James explained a summary from P.D.R. indicated the plant is running below estimated costs and some of this is from programs he has implemented. The savings could be $100,000 next year. In comparison with salaries paid in other Cities~ Jeffersonville is "getting a deal". Fire Inspector Randy Leverett reminded the Council of other City employees that have received increases due to additional duties and does not remember a "window bonus" being discussed. Council President Stemler remembers discussion regarding a bonus and did not vote for increases. Council President Stemler would recommend a bonus now until a decision is made regarding the R. F. P. and perhaps give a letter of recommendation. He is not opposed to the salary, his concern is if the PAGE 6 JANUARY 10~ 199~ responsibilities will be retained. Inspector Leverett feels the Council is being inconsistent on this. Superintendent James reminded the Council there will always be a need and the cost of an engineering firm. At the conclusion of all discussion the motion to table Ordinance No. 94-0R-4, Frantz and carried unanimously. 94-0R-5, Ordinance Councilperson Wilson made seconded by Councilperson Clerk and Treasurer An Ordinance Amending No. 93-0R-48 (Park). Spencer introduced Ordinance No. Certain Portions Of Section 1 Of Councilperson Potter explained there was a park position filled recently, calling attention to the grand opening of the Nachand Fieidhouse and the super ~ob that is being done. Councilperson Potter also called attention to negotiations taking place with the Greater Clark County School Board to deed a part of the Porter school building in exchange for Memorial Park. This would be a good trade for both. The maintenance of the Park is being negotiated. Superintendent Caldwell explained the building is needed to expand programs. It is hoped more information will be available at the workshop. Councilperson Potter made the motion to suspend the rules for Ordinance No. 94-0R-5, failing on a vote of 6-1. Councilperson Potter then made 94-0R-5 on the first and Councilpersn Wolpert, passing follows: seconded by Councilperson Wolpert~ Councilperson Williams opposed. the motion to pass Ordinance No. second readings only, seconded by on the first and second reading as Ayes: Councilpersons Pottery Stemler~ Wilson, and Wolpert. Nays: Councilpersons Wilder, Frantz, and Williams. The related transfer ordinance will be held until the next meeting. Councilperson Wilder introduced Ordinance No. 9A-OR-6, An Ordinance To Provide For The Regulation Of Basic Service Tier Rates And Regulated Equipment~ Installation And Service Charges Of Any Cable Television System Operating In The City Of Jeffersonville, the procedure and the need for passage at the local level. give the Mayor, or the Mayor's appointment, the ability cable rates the F.C.C. It Councilperson surrounding as set by communities. explaining This will to regulate is hoped to involve the Potter highly recommends PAGE ? JANUARY 10, 1994 passage. Councilperson Wilder has discussed this with Insight Cable. Councilperson Potter gave information regarding a new disc system that will be available soon which will be competition to the existing company. Mayor Parker explained this Ordinance will protect the City and allow for negotiations. Councilperson Wilder stated this will allow the Council to force the company to remain at, or below, the benchmark rate. Mr. Charles Wright objects to this as he is currently atempting to run an ad and believes he is being suppressed by the City and the Mayor's Office. Councilperson denied the right to advertise. Mr. rushed, something is being covered up. Wilder explained no one can be Wright feels when a vote is Councilperson Wilder explained if the deadline is not rates to any level. She offered information she has on this. Mr. and asks why pass an Ordinance. Wilder made the motion to suspend the 94-0R-6, seconded by Councilperson Potter met, it would allow Insight Cable to raise the Mr. Wright copies of the books and Wright is not aware of any problems Following discussion~ Councilperson rules for Ordinance No. and carried unanimously. Councilperson Wilder then made 94-0R-6 on ail three readings, carried unanimously. Mr. John Perkins, 323 the motion to pass Ordinance No. seconded by Councilperson Potter and East Chestnut, former Councilperson, explained he walked into a recent Fraternal Order of Police meeting, and as a result was requested to appear at the meeting. He addressed the Council regarding the issue of separation of powers. The point is regarding the take-home car issue. He requests the Council reconsider the support of the~olicy. Mr. Perkins outlined the benefits of instituting the take-home car policy at the beginning. He then outlined an issue when he was on the Council regarding garbage collection that did go to Court. This was quickly decided in Court in favor of the Mayorl This case was not as strong as the case Mayor Parker has with the take-home car issue. There has been some abuse of the take-home car policy. He suggests finding the abuses and take appropriate action and "not throw the baby out with the bath water". Mr. Perkins humbly suggests that the Mayor and the Council try to open up dialogue as to where the problems are if there are indeed problems. PAGE 8 JANUARY 10, 1994 All want what is best for the City. Mr. Perkins Council to review the following statues lC 36-4-4-17 36-4-4-4, IC 36-4-5-3, and the one that is most on point, What happens when there is an honest disagreement? The Court and this will cost the taxpayer a lot of money~ side pays. Mr. Perkins asks the Council to read reconsider as it will cost a lot of time and money Coucilperson Wilder refered to lC 36-4-6-18. Mr. then asked the lC 36-4-4-B~ IC lC 36-8-3-2. case goes to as the losing the statues and to take to Court. Perkins explained the problem is the definintion of property, and feels the Court will rule in favor of the Executive Branch. He would like to see the situation solved without going to Court so the taxpayer "does not take a bath in legal fees". Councilperson Frantz asked to respond. She has read the codes and feels there will always be a difference in interpretations. She also stated she has been willing to work on it from the beginning and the Mayor has not contacted her on it since it passed. She feels the Council does not have the power to say who will drive a cars but does have the power to say how it will be used. The last thing she wants to do is waste the taxpayers money in Court because it can be worked on. She does support the take-home car program. Councilperson Williams stated it is good to see Mr. Perkins in the role of a mediator. His concern is for the lack of, or no communication regarding the abuse of privileges. Mr~ Perkins stated an example he was personally involved in, where he brought attention of abuse to the Mayor's attention and discipline was taken. Abuse should be brought to the Board of Public Works and Safety. He appreciates the time the Council has given him. Mayor Parker asked if the secretary reports at the next meeting. Council President Stemler would review the goals workshops and be and objectives that have been prepared to formally adopt them at meeting. Councilperson Wolpert last year of service as Council Stemler good luck. would be given ask the Council discussed at the the next Council thanked Councilperson Potter for the President and wishes Council President Councilperson Williams does the same. He will be involved seminar on Saturday and will be late arriving at the Saturday workshop. PAGE 9 JANUARY 10, 1994 Councilperson Frantz said that through a lot help there were a lot of families helped at Christmas, family that was helped with clothing and groceries. that made it possible. Councilperson Wilder announced meet January 13, 1994 at 9:30 o'clock A.M. Councilperson Wilson luck. of people's including one She thanks all Habitat for Humanity will at Morton Memorial Church. wishes Council President Stemler good Councilperson Wilder asked attending the Legislative Conference discuss this. if there were any interested in February 2. There is need to Councilperson Potter feels the cable competition that is on its way will be good. He encourages the Council to talk with the School Board regarding the exchange of property as discussed earlier. He also wishes Council President Stemler the best of everything. Council President Stemler reminds meeting regarding the River Greenway. Clerk and Treasurer Spencer will workshop and Councilperson Wilder will Councilperson Potter will be out of town. Mr. Charles Wright, 832 Fulton, all of the Thursday advertise the Saturday prepare the agenda. stated this Country is based on civil rights and due process of law. He said Mayor Parker's administration sent the Police to his house without court order or notice to remove his air conditioner, thus denying him due process. This is a reckless, blatant, abuse of power. His concern now is the Cable Ordinance. "The Mayor has too much power and is reckless with it." Mr. Wright just wanted the citizens and the Council to know this. Jeffersonville Detective Corporal Joe Grant addressed the citizens. He has worked with law enforcement agencies at the Federal, State, and local levels, and Jeffersonville has some of the finest Police Officers in the State and Nation. As one Police Officer, he personally can care less who has the power to allocate cars or money, his responsibility is to protect the citizens. If they get I car or 42, the Jeffersonvitle Police Department will be one of the best in the State and Nation. PAGE 10 JANUARY 10, 1994 Ms. Mary Goody, 602 Keewana said she is proud of our Council and our Mayor. Things have improved and there will be more improvement. This is where complaints should be brought. If it is praise or pressure the Council and Board of Works will only get better with it. Mr. Clarence Keys said there is need for the Council to sit closer to the microphones and they cannot be heard. Councilperson Stemler explained the improvements to the room have not been completed. Clerk and explaining these will Treasurer Spencer distributed the 1994 budgets, be important to keep for use through the year. There being no further business to come before the Councils Council President Stemler moved to adjourn at 9:40 o'clock P.M. seconded by Councilperson Potter and unanimously carried. F~AY~O~IIV J. PARKER~ci~R. ATTEST: CLERK AND TREASURE~ C. RIC~RI] S JR.