HomeMy WebLinkAboutSeptember 17, 2012 1
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COUNCIL PROCEEDING OF THE
COMMON COUNCIL OF THE CITY I
OF JEFFERSONVILLE, INDIANA
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SEPTEMBER 17, 2012
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I The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500
j Quartermaster Court, Jeffersonville, Indiana at 7:00, on Monday September 17 2012.
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Council President Ed Zastawny, with Erica Burress, Deputy Clerk at desk, called the meeting to order at I
7:05 P.M. Council President Ed Zastawny welcomed all in attendance, asking those in attendance to
stand as Councilperson Samuel gave the invocation. Council President Zastawny then led all those
I present in the Pledge of Allegiance to the Flag. 1
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The roll call and those present were Councilperson Smith, Councilperson Payne, Council Vice - President
Sellers, Councilperson Gill, Councilperson Glover, Councilperson Julius, Councilperson President
Zastawny, Councilperson Owen, and Councilperson Samuel.
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APPROVAL OF THE AGENDA:
Councilperson Samuel requested that Sandy Knott from the Parks Advisory Board be added to new
business under number 2 as letter a.). Councilperson Samuel made a motion to APPROVE the Agenda
with the addition of Sandy Knott under new business, seconded by Councilperson Julius, PASSING on a
vote of 9 -0.
MINUTES TO BE APPROVED:
Councilperson Gill made the motion to APPROVE the minutes of the Council regular proceedings on
September 4 2012, with councilperson Sellers seconding, PASSING on a vote of 9 -0.
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CLAIMS TO BE APPROVED:
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General Claims: Controller Monica Harmon presented the general claims list in the amount of
$400,366.25 requesting approval by the council. Councilperson Samuel questioned why the amount was
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high for sewage station 1 and Mrs. Harmon responded that it was due to a water leak problem that had
t been addressed. Councilperson Samuel also questioned what the Time Warner claim was under gaming
revenue and Mrs. Harmon responded she believed it had to do with the video at the Anchors' Away
program. Councilperson Samuel questioned the amount of $58,565.00 for the mobile tough books
under the Police Technology Grant. Mrs. Harmon stated she was unsure and could respond at a later
time stating that some may have needed to be replaced, but she advised pulling the claim completely
due to time constraints with grant money. Councilperson Samuel questioned the SWAT uniforms that
came out of LOIT and asked why they were taken out of LOIT and not the Non - Reverting Fund. Mrs.
w Harmon stated she did not know and that she could pull it and takes it out of the N.R. Councilperson Gill
made a clarification that the Blue Teal Drive claim for $15821.27 was not for just that location but for
many different lights. Councilperson Owen questioned what the travel claim was in reference to under
the Mayor's fund. Mrs. Harmon stated she was unsure and would have to get back to them with more
details at a later time Councilperson Samuel made a motion to APPROVE the General Claims list with
the removal of the two SWAT claims under LOIT totaling $6,746.41 and contingent upon more
information regarding the mobile tough books in the Police Technology Grant fund and more
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information regarding the travel claim in the Mayor's fund. Councilperson Owen seconding, PASSING on
a vote of 9 -0.
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TIF Claims: Mrs. Harmon presented the TIF claims to the council for approval including a hand carried
i claim in the amount of $13,000 that Redevelopment recently approved. The total amount to be
approved in TIF claims is $100,710.22. Councilperson Julius made a motion to APPROVE the TIF claims in
the amount of $100,710.22, with Councilperson Payne seconding, PASSING on a vote of 9 -0.
MAYOR REPORT:
None at this time
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1 REPORT OF THE CLERK:
None at this time
DEPARTMENT HEAD REPORTS:
Administrative Assistant Becky Snelling representing City Engineer Andy Crouch addressed the board to
3 request preliminary approval for the capital expenditure of replacing a van. Mrs. Snelling stated there is
$25,000 in the budget and the bid is for 21,652. Mrs. Snelling stated that they would like to use the
remaining $3,200 to purchase lights and safety equipment for the vehicle. Councilperson Owen made a
motion to APPROVE the purchase not to exceed $25,000, with Councilperson Gill seconding PASSING on
a vote of 9 -0.
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A. UNFINISHED BUSINESS:
1.) Tom Lowe 2012- OR -36: An Ordinance Regulation Door -To -Door Solicitation, Peddling, and
Transient Merchants (Repealing 2011- OR -70): Mr. Lowe reintroduced the amended Ordinance
referencing page 2, paragraph 7, section 1, stating an organization who is exempt from the state
gross retail tax under I.C. 6- 2.5 -5 -26 such as churches and private and public schools in Clark or
1 Floyd County, Indiana, is eliminated from having to go through the licensing process. It does,
however, state on page 4, Section 8, that a person or organization is required to provide evidence
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that they are exempt from the license. Councilperson Samuel requested that the city have some way
to notify the citizens of this new ordinance through possibly the website. Corporate Counsel Tom
Lowe stated that there could be notice to the public of their rights through the website and list
under businesses of the new requirements for door -to -door sales. Mr. Lowe emphasized that any 4
citizen who does not want solicitors knocking on their door can simply take or hang a sign on their
door that states no soliciting. Councilperson Owen made a motion to PASS 2012 -OR -36 on the Third
and Final Reading, with Councilperson Gill seconding, passing on a vote of 8 -1 with Councilperson
Payne voting Nay.
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1 2.) Scott Lewis 2012- OR -37- An Ordinance of Additional Appropriation of LOIT Public Safety Funds:
City Council Attorney Scott Lewis requested the approval of 2012- OR -37 on a second reading,
stating that the additional appropriation is to pay for the attorney fees for the fire and police
negotiations. Mr. Lewis stated that only a second reading is required due to the appropriation
needing to be posted in the newspaper for 10 days and will be ready for a final reading at the Oct „,
i 1 2012 council meeting. Councilperson Samuel made a motion to PASS 2012 -OR -37 on Second `
Reading, with councilperson Owen seconding, passing on a vote of 9 -0.
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3.) Scott Lewis 2012- OR -38- An Ordinance authorizing the issuance and sale of bonds of the city for
the purpose of providing funds to be applied on the cost of park improvements at Vissing Park,
other matters connected therewith, including the issuance of notes in anticipation of bonds,
together with incidental expenses in connection therewith and on account of the issuance of
bonds and bond anticipation notes therefore: Mr. Lewis requested council approval of 2012 -OR -38
on a second reading for the issuance of bonds and bond anticipation notes for the payment of
Vissing Park with a not to exceed amount of $3,500,00. Mr. Lewis stated this is only g needed on a
second reading due to the requirement to give notice for the appropriation. Councilperson Gill
made a motion to PASS 2012 -OR -38 on a Second Reading, with councilperson Owen seconding,
passing on a vote of 9 -0.
4.) Scott Lewis 2012- OR -39- Appropriation Ordinance ( "BANs "): Mr. Lewis presented 2012 -OR -39 to
the council for a seconding reading stating that this ordinance was the appropriation in conjunction
with 2012 -OR -38 and is not to exceed $3,500,000. Councilperson Owen made a motion to PASS
2012 -OR -39 on a Second Reading, with councilperson Julius seconding, passing on a vote of 9 -0.
5.) Monica Harmon 2012- OR -42- An Ordinance Amending 2011 -OR -53 of appropriation of local
controlled funds: Mrs. Harmon presented 2012 -OR -42 for council approval on the 2 and 3rd
reading. Mrs. Harmon stated this ordinance is for additional g appropriation of local funds into the
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continuing education N /R, Vehicle N /R, and Federal Forfeiture N /R. Councilperson Gill made a
motion to PASS 2012 -OR -42 on the Second and Third Reading, with Councilperson Sellers
seconding, passing on a vote of 9 -0.
6.) Monica Harmon 2012- OR -43- Ordinance amending 2012 -OR -27 fixing the salaries of appointed
officers and employees for all departments of the City of Jeffersonville for the year of 2012: Mrs.
Harmon presented 2012 -OR -43 to the council stating that the part -time safety person has been
removed from Fire and Police and the stenography stipend for the Redevelopment secretary was
increased. The council questioned who the service officer under City Council is and Mrs. Harmon
stated that it is someone who has a service agreement between the city and the county and works
part -time in aiding veterans. Councilperson Samuel made a motion to PASS 2012 -OR -43 on a Second
and Third Reading, with Councilperson Payne seconding, passing on a vote of 9 -0.
7.) Monica Harmon 2012- OR -44- Ordinance transferring certain funds with the same department:
Mrs. Harmon stated that there were no changes to this ordinance and respectfully requested
council approval. Councilperson Smith asked if the contract services line of the ordinance had to do
with the part time person in question at the last council meeting. Mrs. Harmon stated that as she
stated at the last meeting it does not have anything to do with that particular person. Councilperson
Samuel made a motion to PASS 2012 -OR -44 on a Second Reading with a request that Mrs. Harmon
identify what the contract services are for Councilperson Gill seconded the motion, passing on a
vote of 9 -0.
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i B. NEW BUSINESS:
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1.) Mario Vian- 2012-R-14-Endorsement of USBR #35 through Jeffersonville
1 ) Mr. Vian representing the not-for-profit Hoosier Rails-to-Trails Council in Indianapolis requested the
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1 Council endorse the United States bicycle route #35 through the City of Jeffersonville which goes to
i Louisville, KY. If approved, this bike route will be published on an international website which could
1 result in tourist dollars. Councilperson Sellers asked what route the bikes would take when they go
through Jeffersonville. Mr. Vian described the route stating that they would enter the city through
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Clarksville, proceed to Riverside Drive, North on Pearl Street to Chestnut and then ending at the big
four bridge ramp. Until the ramp is completed, and as a flood alternative, the route would come in
i South from Clark Blvd, to Market Street, right on Indiana Avenue and then left on the sidewalk
1 which takes you to the Second Street Bridge. No construction is required for this project, but signage
1 is required and provided by the Rails-to-Trails Council at no cost to the City. Councilperson Gill
I stated signage and its placement would have to be approved by the Board of Public Works. Mr. Vian
I agreed to go before Board of Public Works when placing the signage on the trail. Councilperson
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i Owen made the motion to PASS 2012-R-14, seconded by Councilperson Payne, passing on a vote of
, 9-0.
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I 2.) Josh Rodriguez — National Night Out Mr. Rodriquez with JNLA reported to the Council on the City of
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1 Jeffersonville's recent National Night Out. Mr. Rodriquez called the event very successful with
I twenty-two neighborhoods and just under 2000 people participating. JNLA is enrolling in a "365
Project" and will be focusing on block watch training. He anticipates receiving some grant money to
I pay for the training and will be working alongside Councilperson Gill on this project. A copy of the
NNO Report was given to the Council for reference.
1 3.) Sandy Knott — Overgrown Weed Problem in Jeffersonville: Ms. Knott shared photos with the ,
Council of overgrown weeds and unsightly/neglected areas and properties around the City of
Jeffersonville. She stated that she addressed these areas with the Council last year, the Parks
1 Authority, and the Parks Board. Councilperson Glover noted that one of the major issues in the
I overgrown weed problem is maintaining the areas and knowing who is actually designated to be in
charge of getting the work done. Council President Zastawny suggested getting all the departments
1 in the City together to try and work out a solution. Corporation Counsel Tom Lowe recommended
this issue be brought before the weekly Board of Public Works meetings where the Mayor and all
1 department heads will be available to address these concerns. Councilperson Gill volunteered to
provide Ms. Knott's photos to the Code Enforcement Office in order to determine what areas they
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i may have authority in which to take action.
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1 4.) Len Ashack — 2012-0R-45: Authorizing the Issuance of Sewage Works Revenue Bonds
1 City Attorney Scott Lewis introduced 2012-0R-45 with the recommendation of passing on a first
1 reading due to anticipated amendments to the series and phases of the projects. He then
introduced WWTP Director Len Ashack to discuss the ordinance as well as two handouts regarding
1 the financial status of the department. Len Ashack presented the City Council an update on the
1 current financial status of the Wastewater (Sewage) Department with regard to the bonds/SRF
1 loans. The current bond ordinance 2011-0R-5 allowed for up to $68.25 million in bonds to be
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i issued. The current amount of unobligated capacity of the ordinance is $5.18 million. He reviewed
1 the current status of each of the projects that were included in the SRF loans and Build America
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I Bonds (BAB). In regard to the BAB which included the new sewers to the areas included in the i
i annexation is at least $600,000 above the engineer's estimate which does not include the Utica Pike f
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sewer project. The SRF loan for the improvements to the downtown wastewater P lant the Tenth
Street Pump Station and Force Main, and the new Effluent Sewer to Mill Creek may have a surplus
of funds but in order to use those funds, the City would have to submit a revised Preliminary
I Engineering Report (PER) to the Indiana Finance Agency to utilize the remaining funds on other
wastewater projects. The last SRF loan is for the construction of the new wastewater plant in River
Ridge which will serve both River Ridge and the area north and east of State Road 265, the newly
annexed area The Sewer Board is asking for the additional $50.0 million in additional bonding
capacity for the following Project. The construction of the Lentzier Creek lift station, force main,
and gravity interceptor and the relocation of the force main from the Liter's lift station. The original
I estimated cost for those projects was $4.65 million; the latest cost for those projects is $11.37
million or an additional $6.72 million. As mentioned before, in Ordinance 2011 -OR -5 only has $5.18
million left. These projects are needed so that the North wastewater treatment plant can operate
with the wastewater flow from the areas previously mentioned. In addition, the additional bonding
capacity includes the new interceptor along the river, whether it is on Market St. or Chestnut St., the
route has not been finalized. He also stated that the construction of the conveyance sewer from
Market /Chestnut St. to the newly improved Tenth St. Pump Station. Depending on the bond /SRF
1 interest rates the current sewer use rates through the 2015 increases may provide the revenue to
bond an additional $40 to $42 million based on the City's financial consultant. Councilperson Julius
questioned what was being done as far as the sewer billing we are not collecting and that shortfall.
Mr. Ashack stated that the Department has been spending a lot of time and effort reviewing the
sewer billing system to make sure that all of the residences and businesses that are connected to
the sewer system are getting a sewer bill reflective of their sewer use This effort also helps the
drainage in that if the facility does not get a sewer bill then, in all likelihood would not get a drainage
bill. Councilperson Julius asked about the software that will allow Mr. Ashack and Mrs. Harmon to
communicate between systems as well as with the building permits. Mr. Ashack pointed out that at
this moment they do not know of all the new buildings to be able to bill and the requirement for the
communication was included in the recent RFP. Mrs. Harmon stated that bids should be back by
September 26 and it is a several week long process. Councilperson Smith made a motion to PASS
2012 -OR -25 on a First Reading, seconded by Councilperson Julius, passing on a vote of 9 -0.
5.) Monica Harmon — 2012 -R -15: Resolution to Give Notice of Proposed Additional Appropriation in
2012 Budget: City Controller Monica Harmon is requesting Council approval of 2012 -R -15 to give
notice of proposed additional appropriation in the 2012 budget. Councilperson Owen made a
motion to PASS 2012 -R -15 with Councilperson Sellers seconding, passing on a vote of 9 -0.
C. REPORTS AND COMMENTS:
1.) PUBLIC COMMENTS:
None
2.) Council Comments:
Councilperson Smith: Spoke to Mrs. Schultz about bringing the ice skating rink back again this year due
to the success last year and wanted to make everyone aware that is being taken care of Saturday
October 6 2012 is the Blast from the Past celebration at the Nachand Field House from 6 P.M. to 10
P.M. and flyers will be going out soon. Councilperson Smith also stated that it might be helpful if there
was a way to put a condensed version of some of the big ordinances passed, like the new door -to -door
solicitation in the city newsletters to make people aware of what is being approved.
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1 Councilperson Gill: Wanted to make everyone aware that Anne Langley with the Police Department will
be notifying her when permits are issued for door-to-door solicitation so that she can pass that
I information on to the neighborhood associations so that the information is out in the community ,
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i regarding who is permitted and who is not
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i Councilperson Sellers: None
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1 Councilperson Payne: None
i Councilperson Glover: None
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I Councilperson Julius: Stated that at the last meeting he told everyone he would have a spreadsheet of
i the city bonds and Mrs. Harmon is helping with that and it should be available by the next council
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1 meeting. Councilperson Julius also made a motion for the council to send a letter to bond council
I requesting clarification on language, bond descriptions, and statuses. Councilperson Samuel seconded
1 the motion and Council President Zastawny requested a roll call vote. ,
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Yay Nay
Councilperson Smith
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Yay
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1 Councilperson Payne Yay
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1 Council Vice-President Sellers Yay ,
I Councilperson Gill Yay
1 Councilperson Glover Yay
i Council President Zastawny
Yay
Councilperson Julius
Yay
1 Councilperson Owen Yay
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1 Councilperson Samuel Yay
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$ Councilperson Owen: none t
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Councilperson Samuel: Councilperson Samuel acknowledged Walnut Ridge for the "major manpower"
and time that they put into the River breeze event for the City of Jeffersonville for free. Councilperson ,
1 Samuel stated that they receive negative press from time to time and it is important that they get
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1 acknowledgment and credit for the donations they do for the city. Councilperson Samuel announced
that do to a family emergency with the facilitator of the homeless meeting scheduled for September ‘
19 2012 that they will be rescheduling that for October and will notify everyone as soon as a
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i postponed date is set. Councilperson Samuel also stated that the Public Arts Exploratory Committee ,
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i continues to meet and will soon provides a full report. Councilperson Samuel also stated that although
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i Mr. Ashack's report is full of complicated information, he appreciates his extensive knowledge and has
i complete confidence in him. Councilperson Samuel expressed concerns regarding downtown flooding
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! and requested a joint public meeting with the sewer board to provide time to focus on what the city is
i going to do with these issues. Councilperson Smith suggested possibly inviting the Redevelopment
! Commission to discuss a handful of issues regarding properties owned by Redevelopment that are
i vacant. City Attorney Scott Lewis stated that they would most likely want the consulting engineers on
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1 1 hand at the meeting to help with details. Councilperson Gill suggested two separate joint meetings for t
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Redevelopment and Sewer Board. The council agreed and asked Mr. Lewis to advertise a special joint
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meeting with the Sewer Board and the City Council for October 29 2012 at 6:00 contingent on the
availability of the Sewer Board members.
Council President Zastawny: Spoke as a representative of the Solid Waste Board stating that the billing
will be changed to go through property taxes ultimately cutting back on facilitating expenses.
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Councilperson Zastawny also stated that there are Parks Authority Minutes that was never voted on
after changes were made a few months ago and this needs to be done at the next Parks Meeting.
Councilperson Owen made a motion to ADJOURN at 9:11 P.M., with Councilperson Gill seconding,
passing unanimously.
APP ' y ED BY:
EDWARD AST NY, PRES `' ENT
A STED BY:
VICKI CONLIN, CITY CLERK
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