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.