HomeMy WebLinkAboutDecember 5, 2011 COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
DECEMBER 5, 2011
The Common Council of the City of Jeffersonville, Indiana met in regular session
in Room 101, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana, at 6:30 P.M.
on Monday December 5, 2011.
Mayor Tom Galligan, with Deputy Clerk Treasurer Barbara Hollis at the desk,
called the meeting to order at 6:35 P.M. Also present were City Attorney Darren Wilder
and City Council Attorney Mickey Weber. Mayor Galligan welcomed all in attendance,
asking all those present to stand as Steve Marshall, Boy Scout Troop #49 Den Leader,
gave the invocation. Each member of the Den approached the podium, said a phrase of
the Pledge of Allegiance and explained the meaning. The Scouts then led the Pledge of
Allegiance. Mayor Galligan commended the boys for standing up and speaking into the
microphone.
The roll was called and those present were; Councilpersons Mike Smith, Ed
Zastawny, Connie Sellers, Barbara Wilson, Wayne Carter and Nathan Samuel.
Absent: Councilperson Keith Fetz.
Councilperson Carter made the motion to approve the agenda with the addition of
Human Resources Director Kim Calabro, Employee Benefits; Director of Utilities Len
Ashack, Sewer Rate Ordinance; and Attomey Greg Fifer, River Ridge UEZ, second by
Councilperson Sellers, passing on a vote of 6-0.
Mayor Galligan presented the minutes for consideration. Councilperson Wilson
made the motion to approve the minutes of November 14, 2011 (5:30 P.M.) as presented,
second by Council President Smith, passing on a vote of 6-0. Councilperson Wilson next
made the motion to approve the minutes of November 21, 2011 (6:30 P.M.) as presented,
second by Councilperson Carter, passing on a vote of 6-0.
Deputy Clerk Hollis presented the claim lists for consideration by the Council.
Councilperson Samuel made the motion to approve the Civil City claim list in the amount
of S477,575.42 as presented, second by Council President Smith, passing on a vote of 6-
0. Councilperson Samuel made motion to approve the TIF claim list in the amount of
December 5, 2011 2
$74,900.00, second by Councilperson Wilson, passing on a vote of 6-0. Deputy Hollis
next presented the Parks Department claim list for consideration. Councilperson Carter
made the motion to preapprovc the Park claims in the amount of $92,388.40, second by
Councilperson Sellers, passing on a vote of 6-0. Councilperson Samuel made the motion
to approve the TIF claim list in the amount of $854,291.36, second by Councilperson
Wilson, passing on a vote of 6 -0.
PUBLIC COMMENT:
Officer Joe Hubbard, F.O.P President, noted the contract from the last meeting
has not been completed; therefore he has not been able to get a vote of the membership
due to not having been provided a copy. Arbitration is scheduled for December 19.
President Hubbard recommends approving the pay raise and suspending the P1'
regulation until the next scheduled contract negation. Council Attorney Weber had
thought an agreement had been reached on the language. He promises to get with
President Hubbard the next day. President Hubbard noted the time pressure.
Mr. William Meiners, 601 Kewanna, presented a plan for an alternate ramp for
the walking bridge with regard to the floodwall. He questions if Jeffersonville wants to
be good or great. Mayor Galligan said the ramp plans are out for bid now. The cost to
change would at least one million dollars at this point.
COUNCIL COMMENT:
There was no Council comment.
DEPARTMENT HEAD REPORTS:
There were no Department Head reports.
AGENDA ITEMS:
City Attorney Darren Wilder explained one change to Ordinance No. 2011 -OR-
63, An Ordinance Amending Ordinance 90- OR -49, Ordinance Creating Revolving
Economic Development Fund For the city Of Jeffersonville, Indiana. Councilperson
Samuel made the motion to pass Ordinance No. 2011 -OR-63 on the third reading, second
by Council President Smith, passing on a vote of 6-0.
Attorney Wilder presented Ordinance No. 2011- OR -64, An Ordinance Amending
Ordinance 20000 -OR -28 And 90 -OR -9 Establishing A Spay - Neuter Program For
Animals Adopted From The Josephine B. Ogle Animal Shelter, without change.
December 5, 2011 3
Councilperson Wilson made the motion to pass Ordinance No. 2011 -OR-64 on the third
reading, second by Councilperson Sellers, passing on a vote of 6-0.
Attorney Wilder recommends removing Section E on page 5 as it is on redundant
from Ordinance No. 2011- OR-65, An Ordinance Amending 2010 -OR -18 And 2011 -OR-
3 Regulating Taxicab Service And Taxicab Drivers In The City Of Jeffersonville.
Councilperson Zastawny made the motion to pass Ordinance No. 2011 -OR -65 with the
removal of Section E, second by Councilperson Carter, passing on a vote of 6-0.
Attorney Weber reviewed Ordinance No. 2011- OR-66, An Ordinance Creating A
Non- Reverting Fund for the Purpose Of Completing Pending City Projects.
Councilperson Samuel made the motion to pass Ordinance No. 2011 -OR -66 on the third
reading with the changes discussed, second by Councilperson Sellers, passing on a vote
of 6-0.
Attorney Weber mentioned that Ordinance No. 2011- OR-68, An Ordinance
Fixing The Salaries Of Elected Officials Of The City Of Jeffersonville, Commencing
January 1, 2011 would be acted upon following publication.
Financial Advisor Monica Harmon presented Ordinance No. 2011- OR -61, An
Ordinance Establishing Vehicle Maintenance Fuel And Repair Non - Reverting Fund.
Councilperson Sellers made the motion to pass Ordinance No. 2011 -OR -61 on the third
reading, second by Councilperson Samuel, passing on a vote of 6-0.
Advisor Harmon next presented Ordinance No. 2011- OR -62, An Ordinance Of
Additional Appropriation (General Fund - Employee Health Insurance). Council President
•
Smith made the motion to pass Ordinance No. 2011 -OR-62 on the third reading, second
by Councilperson Carter, passing on a vote of 6 -0.
Advisor Hannon then presented Ordinance No. 2011- OR -67, An Ordinance Of
Additional Appropriation (Gaming Revenue Fund — Web Site Development).
Councilperson Carter made the motion to pass Ordinance No. 2011 -OR-67 on the third
reading, second by Councilperson Sellers, passing on a vote of 6-0.
Advisor Harmon then presented Ordinance No. 2011- OR -69, An Ordinance Of
Additional Appropriation (Gaming Revenue Fund — Wi -Fi). Councilperson Carter
recommends the use of the money in the Sprint Lease Fund as he feels it is prudent to
have the funding come from communication sources. Councilperson Carter then made
December 5, 2011 4
the motion to tum down Ordinance No. 2011 -OR -69 second by Councilperson Sellers,
passing on a vote of 6-0.
Councilperson Carter explained Resolution No. 2011- OR -36, A Resolution To
Provide Wi -Fi Service City Hall, making the motion to pass Resolution No. 2011- OR -36,
second by Councilperson Wilson, passing on a vote of 6-0.
Councilperson Carter explained Resolution No. 2011- OR -37, A Resolution To
Provide Wi -Fi Service Warder Park And Riverfront Area, making the motion to pass
Resolution No. 2011- OR -37, second by Councilperson Wilson, passing on a vote of 6 -0.
Councilperson Carter explained Resolution No. 2011- OR -38, A Resolution To
Provide Wi -Fi Service Quartermaster Court Area. This will service the parking area and
window area of the Quartermaster businesses. Business may make a one -time purchase
of equipment to enhance the use within the business. Councilperson Carter made the
motion to pass Resolution No. 2011- OR -38, second by Councilperson Zastawny, passing
on a vote of 6-0.
Attorney Wilder and Director Ashack presented and explained Resolution No.
2011 -R-47, An Interlocal Cooperation Agreement For Surface Water Drainage And For
Municipal Separate Storm Sewer System (MS4) Rule 13 (327 IAC 15 -13) Coordination.
This is required by IDEM. The Drainage Board has given a favorable recommendation
to in Agreement. Storm Water Coordinator Deb Ashack explained fees will not come
from City collected fees. Discussion followed regarding the right -of -way
responsibilities. At the conclusion of all discussion, Councilperson Carter made the
motion to pass Resolution No. 2011 -R -47, second by Councilperson Wilson, passing on a
vote of 6-0.
Attomcy Wilder presented Resolution No. 2011 -R -39, A Resolution For
Approval Of Renovation Loans ($40,000, Mr. & Mrs. Steve Appleby, 201 Spring Street).
Councilperson Carter requests the names of both Mr. and Mrs. Appleby be inserted.
Councilperson Samuel made the motion to pass Resolution No. 2011 -R -39 with the
insertion of both names, second by Councilperson Zastawny, passing on a vote of 6-0.
Attorney Wilder presented Resolution No. 2011 -R-40, A Resolution For
Approval Of Renovation Loans ($25,000, Dr. Rita Fleming, 218 B. Market St.).
December 5, 2011 5
Councilperson Samuel made the motion to pass Resolution No. 2011 -R-40, second by
Councilperson Zastawny, passing on a vote of 6 -0.
Attorney Wilder presented Resolution No. 2011 -R-41, A Resolution For
Approval Of Renovation Loans ($7,000, Mr. & Mrs. William Whitaker, 328 E. Market
St.). Councilperson Samuel made the motion to pass Resolution No. 2011 -R-41, second
by Councilperson Zastawny, passing on a vote of 6-0.
Attorney Wilder presented Resolution No. 2011 -R -42, A Resolution For
Approval Of Renovation Loans ($150,000, D. Julius Construction Inc., 300 Spring St.).
Councilperson Samuel made the motion to pass Resolution No. 2011 -R -42, second by
Councilperson Zastawny, passing on a vote of 6-0.
Attorney Wilder presented Resolution No. 2011 -R -43, A Resolution For
Approval Of Renovation Loans ($20,000, Mr. Phillip Wheeler, 426 Spring Street).
Councilperson Samuel made the motion to pass Resolution No. 2011 -R-43, second by
Councilperson Carter, passing on a vote of 6-0.
Attorney Wilder presented Resolution No. 2011 -R -44, A Resolution For
Approval Of Renovation Loans ($60,000, Osteria Cozza, 214 W. Court Avenue).
Councilperson Samuel made the motion to pass Resolution No. 2011 -R -44, second by
Councilperson Zastawny, passing on a vote of 6-0.
Attorney Wilder presented Resolution No. 2011 -R-45, A Resolution For
Approval Of Renovation Loans ($125,000, TWK Properties, 214 W. Court Avenue).
Councilperson Samuel made the motion to pass Resolution No. 2011 -R-45, second by
Councilperson Zastawny, passing on a vote of 6-0.
Attorney Wilder presented Resolution No. 2011 -R-46, A Resolution For
Approval Of Renovation Loans ($25,000, Mrs. Holly Wettington, 251 Spring Street).
Councilperson Samuel made the motion to pass Resolution No. 2011 -R -46, second by
Councilperson Zastawny, passing on a vote of 6
Attorney Wilder presented and explained Ordinance No. 2011- OR -70, Transient
Merchants And Door To Door Solicitation. Councilperson Zastawny made the motion to
pass Ordinance No. 2011 -OR -70 on the first and second reading, second by
Councilperson Sellers, passing on a vote of 6 -0.
December 5, 2011 6
Attomey Wilder explained the need for passage of Ordinance No. 2011- OR -71,
An Ordinance Establishing Pension Benefits For A Firefighter's Surviving Spouse who Is
A Member Of The 1937 Firefighter's Pension Fund. Counci[person Zastawny made the
motion to pass Ordinance No. 2011 -OR -71 on the first and second reading, second by
Councilperson Wilson, passing on a vote of 6 -0.
Human Resources Director Kim Calabro presented and reviewed Ordinance No.
2011- OR -72, City Of Jeffersonville Employee Benefits Section, explaining this has been
reviewed by an Employment Law Attorney. There are no significant changes. Several
sections were explained. Councilperson Zastawny expressed concern about "The
employee will be allowed to bank up to fifty (50) unused days," with regard to the
Personal Time Off (PTO) — With Pay section. He asked if it would be cheaper to provide
short-term disability. Director Calabro encouraged the banking of days. Councilperson
Zastawny said this pushes liability to a later date with the possibility of a higher rate of
pay. He does not want to extend more days. He also suggested looking at a percentage.
At the conclusion of all discussion, Councilperson Zastawny made the motion to pass
Ordinance No. 2011 -OR -72 on the first and second readings, second by Councilperson
Sellers, passing on a vote of 6 -0.
Director of Utilities Len Ashack presented and reviewed Ordinance No. 2011 -
OR-73, An Ordinance Repealing Ordinance Nos. 90- OR -60, 91- OR -50, 96- OR -72, 98-
OR-26, 2004 -OR-46 And 2004 -OR -63 And Establishing Sewer Rates And Sewer
Capacity Fees. The minimum billing to all connections was explained and discussed.
The definition of capacity fee was discussed. Following all discussion, Council President
Smith made the motion to pass Ordinance No. 2011 -OR -73 on the first and second
readings, second by Councilperson Sellers, passing on a vote of 6 -0.
Greg Fifer, Attorney with Applegate, Fifer and Pullium, explained the firm is
counsel for River Ridge Commerce Center Board. Paul Wheatley of River Ridge has
requested consideration of passage of Resolution No. 2011 -R -48, A Resolution
Establishing The Board Of Directors Of The River Ridge Commerce Center As The
Urban Enterprise Association For The River Ridge Urban Enterprise Zone. Following
review, Councilperson Samuel made the motion to pass Resolution No. 2011 -R-48,
second by Council President Smith, passing on a vote of 6 -0.
December 5, 2011 7
COMMITTEE REPORTS, COUNCIL AND MAYOR COMMENTS:
Council President Smith said the skating rink had some mechanical problems
Friday night, which Sara Schutz was able to make a phone call and correct herself The
skating rink has been a huge success. The hot dog vendor said he has not heard one
complaint. He hopes the new Council, Redevelopment Commission, and UEZ Board
continue this next year. It has been great and well attended.
Mayor Galligan notcd the skating rink has helped the downtown merchants.
Mayor Galligan said a good job was done by the Fire and Police Departments at the
Buckheads fire. Mayor Galligan said the Christmas parade was wonderful as was Light
Up Jeff. A lot of people attended. He thanked all for coming, saying Jeff is the place to
be.
Council President Smith said the subject of the fire rcminded him of the reason to
implement the LOIT tax is to consolidate 911. He compliments Clarksville and New
Albany fire departments as they were here to help. This is a prime example of the benefit
of consolidated emergency services and of neighbors helping neighbors.
As there was no further business to com y.efore Co l��e meeting was
adjourned at 8:15 P.M.
i
• OMAS R. GALLIG , FOR
ATTEST:
er to, 4lb,v
PEGGY WILDER, CLERK AND TREASURER