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HomeMy WebLinkAboutDecember 17, 2012 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA December 17 2012 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:00 P.M., on Monday, December 17 2012. Council President Ed Zastawny, with Vicki Conlin, City Clerk, called the meeting to order at 7:00 P.M. Council President Ed Zastawny welcomed all in attendance, asking those in attendance to stand as Bobby Campbell asked for a moment of silence for the Newtown, Connecticut Victims and family and then gave the invocation. Council President Zastawny then led all those present in the Pledge of Allegiance to the Flag. The roll call and those present were: Councilperson Payne, Councilperson Gill, Councilperson Glover, Councilperson Julius, Councilperson President Zastawny, Councilperson Samuel, Council Vice - President Sellers, Councilperson Owen, and Councilperson Smith. APPROVAL OF THE AGENDA: Councilperson Gill made a motion to APPROVE the agenda with the addition of Greg Fifer to number 8 under New Business and moving Les Merkley's items from 4 and 5 under New Business to 1 and 2. Councilperson Samuel seconded the motion, PASSING on a vote of 9 -0. MINUTES TO BE APPROVED: Councilperson Gill made a motion to APPROVE the minutes from the November 19 2012 meeting, seconded by Councilperson Sellers, PASSING on a vote of 9 -0. CLAIMS TO BE APPROVED: Parks Claims: Councilperson Owen made a motion to APPROVE the Parks Claims in the amount of $17,112.28, with Councilperson Sellers seconding, PASSING on a vote of 9 -0. General Claims: Mrs. Harmon presented the General Claims stating that a few claims that are from wastewater that need to be taken off the claims list. The claims list amount after reduction is $1,581,192.11. Councilperson Gill made a motion to APPROVE with Councilperson Glover seconding, PASSING on a vote of 8 -0 with Councilperson Julius abstaining. Hand Carried General Claim List: Mrs. Harmon presented a hand carried claim list in the amount of $2,060,955 requesting Council Approval. Councilperson Owen made a motion to APPROVE with Councilperson Gill seconding, PASSING on a vote of 9 -0. TIF Claims: Councilperson Owen made a motion to APPROVE the TIF claims in the amount of $1,098,719.14 with Councilperson Julius seconding, PASSING on a vote of 9 -0. MAYOR REPORT: Mayor Moore spoke before the Council and thanked everyone for the moment of silence for Newtown Connecticut at the beginning of the meeting and wished everyone a Merry Christmas. REPORT OF THE CLERK: None at this time DEPARTMENT HEAD REPORTS: Judge Ken Pierce: Judge Pierce spoke before the Council stating that since the last meeting when Mr. Wilder presented to the council, a resolution has been reached and he is in the process of selecting an 1 architect to redesign the office space to accommodate everyone involved. Judge Pierce also made the Council aware that the third party audit that the Council requested is against Statute. Judge Pierce stated he does not know if it can proceed and would refer you to the municipal attorneys here at the meeting to see about getting the order for that withdrawn and would recommend the Council proceed down that path. Judge Pierce stated the last Council meeting occurred on December the 3 rd and he watched that meeting on YouTube and Mr. Lewis was told to contact his attorney and Judge Pierce stated he did not hear from Mr. Lewis and he then felt he had to respond in some manner and then contacted the newspaper and responded in that way. Mr. Lewis stated that he contacted his attorney and of course he would not contact Judge Pierce directly. Judge Pierce stated he didn't believe his attorney was contacted and asked if he could finish speaking. Mr. Lewis said of course and that when his name is mentioned about what he did or didn't do, he is going to respond. Judge Pierce stated he appreciated that and the last time his name was mentioned in the chambers he was not afforded the opportunity to speak. Judge Pierce continued to say that on December 11 2012 he met with Mr. Samuel, Mr. Zastawny, Mrs. Gill, Mrs. Sellers, Mr. Lowe, Mr. Lewis, Mrs. Lewis and his attorney and they reached a resolution. Judge Pierce stated that immediately after that meeting he came downstairs to his office and was informed that the 2012 financial records were missing for probation and court funds. He stated that is 20 books. Judge pierce stated he asked his entire staff if they had knowledge of this and they said no. Judge Pierce stated that he told them if they do have knowledge and want to present that in front of the rest of the staff to please contact him and he would have his cell phone on him. He stated he was not contacted. He then stated later that evening he contacted Chief Grim and Chief of Detectives Robert McGhee and stated something is wrong in the courthouse and city hall and he contacted Mr. Dyer in I.T. Judge Pierce stated he asked his staff the next day again if they knew where the documents are and they said they do not and he stated he told them he would have to file a police report. Judge Pierce stated he then asked one of his staff members to contact Mrs. Harmon to see if she knew where the records were. Judge Pierce stated that Mrs. Harmon she did know where they were and he appreciated her honesty with him. Judge Pierce stated Mrs. Harmon stated she does not have them and she received them on the morning of December the 4 Judge Pierce then stated that he asked who presented the records to her and he stated that Mrs. Harmon informed him it was Mrs. Conlin. Judge Pierce then stated he never intended to get the council in the middle of this, but since we have made this the "Principal's office" he is coming before the council with this issue. Judge Pierce then stated that next he then contacted SBOA and he sent a letter and sent a copy to MR. Zastawny, the Mayor, Mrs. Conlin, and all council involved indicating to SBOA that he needed to know how to proceed since his documents had been "compromised" and he could now "not trust the authenticity of these documents." Judge Pierce continued to state that his integrity is being questioned on the handling of these books so much so that they need a third party audit. He then stated he is waiting to hear from the head of State Department of Accounts. He stated Karen Kelleher did contact him and he asked her "what do I do ?" and he stated that she responded stating she has never heard of this happening before and she recommended he contact the authorities and wait for the head of State Board of Accounts to contact him. Judge Pierce stated he has reported it to the authorities and he is asking for an investigation to be done. Judge Pierce stated he has no idea why these records were taken and he doesn't understand it and there is a proper process for receiving public records. Judge Pierce stated he has released this to the authorities and is asking that all documents be returned to his care at close of business on December 13 2012 and they were not. Judge Pierce then stated that only one offer was made to return them and he sent his office manager to retrieve them and she was given the opportunity to take them with her if she signed a release. Judge Pierce stated the records were not taken from him without any release. Judge Pierce stated that he believes "we have learned what the word 'is' is here" continued to state that the Judge is the custodian of the Probation records and at this time is the custodian of all the court records as his office has been keeping them all year long. Judge Pierce 2 continued to state that this is unethical, this is reprehensible, and these documents have now been out of his care for two weeks. Judge Pierce stated he has a proposed litigation to request those documents to return to him and his attorney's advise him to file immediately. Judge Pierce stated that in the interest of good will and good faith he is coming before the council to stating that whatever power and authority the council has regarding the original issue and any direction they could give to get these documents returned to his office before 9 A.M. tomorrow morning would avoid and advert this law suit. Judge Pierce continued to state that all he is asking for is a little cooperation and he would like the documents returned and if they are not to his office by 9 A.M. then by 10 A.M. the litigation will be filed. Judge Pierce stated that this does not name the council nor does it name an individual member of the council. Judge Pierce stated Mrs. Harmon is the last person he knows to have those documents and according to Mrs. Harmon, Mrs. Conlin had contact with them as well and it names both of those parties. He continued to state before the council that if he finds that any of his staff had anything to do with it that they will lose their job immediately. Judge Pierce stated he would be glad to answer any questions from the council and he is appreciative of their time. Judge Pierce stated he is asking the council to cancel the third party audit and he believes if it goes through then he thinks without SBOA approval then possibly they could be personably reliable for the money and he quite frankly won't pay for it. Council President Zastawny stated he would take that into consideration and will talk with their counsel and take it into consideration. Police Chief Grimm: Requested approval of a purchase of a dry safe cabinet for the Police Department stating that the money is available in the SWAT LOIT account and the purchase price is $8100. Councilperson Julius made a motion to APPROVE the purchase of the dry safe cabinet with Councilperson Owen seconding, PASSING on a vote of 9 -0. A. UNFINISHED BUSINESS: 1. Monica Harmon- 2012 -OR -62 An Ordinance establishing the Police Non - Reverting Fund: Mrs. Harmon requested approval of 2012 -OR -62 on a third and final reading stating there have been no changes. Councilperson Owen made a motion to APPROVE with Councilperson Glover seconding, PASSING on a vote of 9 -0. 2. Monica Harmon- 2012 -OR -63 An Ordinance Establishing the Parks Non - Reverting Funds: Mrs. Harmon respectfully requested approval of 2012 -OR -63 on a second and third reading stating the intent is to consolidate the non- reverting funds for parks into one. Councilperson Julius made a motion to APPROVE 2012 -OR -63 on a second reading, with Councilperson Owen seconding. Councilperson Smith asked the City Council attorney if he had a chance to review it and Mr. Lewis stated his recommendation is to be sure the provisions regarding the funds are being repealed and would be comfortable seeing that specified in OR -63 before the final reading. Councilmembers PASSED 2012 -OR -63 on a second reading on a vote of 9 -0. 3. Monica Harmon - 2012 -OR -64 An Ordinance Amending Ordinance 2011 -OR -57 Ordinance of Additional Appropriation by Reduction: Mrs. Harmon respectfully requested approval of 2012 -OR -64 on a third and final reading stating that the attachment has been amended. Councilperson Samuel made a motion to APPROVE on a third and final reading, with Councilperson Julius seconding, PASSING on a vote of 9 -0. 4. Redistricting: a. Dennis Julius /Bruce Herdt: Councilperson Julius introduced Bruce Herdt regarding redistricting stating that he is not endorsing his plan, but simply told him he would get him on the agenda. Mr. Herdt presented an alternate redistricting plan to the council other than what was presented at the last meeting that he stated has a deviation of 7.62% and it more closely "adheres to the statute" and more "evenly 3 divides the districts." Mr. Herdt encouraged the Council to pass this plan instead of the previous plan presented at the last meeting. The Council thanked Mr. Herdt for his time. b. Zach Payne /Todd Booker /Scott Lewis - 2012- OR -67: City Council Attorney Scott Lewis presented the council with 2012 -OR -67 that was previously passed on a 1 reading stating that some areas within the precincts has changed and the deviation is down to under 5 %. Mr. Booker stated some precincts will be split, Jeff 6, Utica 2, and Jeff 24. Mr. Lewis assured that the splitting of precincts is allowable per Indiana State Statue and creating a new deviation of 4.33 %. Councilperson Payne made a motion to APPROVE 2012 -OR -67 on a second and third reading, with Councilperson Owen seconding, PASSING on a vote of 9 -0. B. New Business 1. Les Merkley- 2012 -R- A Resolution regarding the Amendment of the Inner City Road Economic Development Plan/ 2012 -R- Resolution regarding the Amendment of Falls Landing Redevelopment Plan and Clarifying Pledge: City Attorney Les Merkley asked for approval of two separate resolutions. Mr. Merkley stated that these two resolutions are housekeeping items that are stemming from the change in Bond Counsel. Mr. Merkley stated that he is asking the council to amend two plans to include the storm water conveyance system and the Police Station. Mr. Merkley stated that the Falls Landing resolution only affects the Falls Landing and the Inner City Road TIF. Mr. Merkley stated the 2012 Plan is the Police Station and the Storm water conveyance. If Council approves this it will go before Redevelopment for a public hearing on July 28 2012. Mr. Lewis questioned some of the language and asked if there could be some definitive language added that states the plans included in the resolution. Mr. Merkley agreed to that change. The council agreed to meet before the 28 of December to readdress this before Redevelopment's public hearing that day. Councilperson Sellers made a motion to TABLE the two resolutions until December 27 2012, seconded by Councilperson Smith, PASSING on a vote of 9 -0. Jamie Lake and Rob Stevens, the council appointments for the Redevelopment Commission spoke briefly before the council. Mr. Lake stated he came to the meeting tonight just for clarification for himself regarding the 2012 plan. Mr. Lake stated if the language previously discussed is changed he would have no problem with the resolution and a lot of his concerns were answered tonight at this meeting. Mr. Stevens agreed with the proposed change in the resolution tabled tonight. 2. Peggy Duffy: Ms. Duffy of City Pride came before the City Council to give recognition to two individuals who contributed immensely to the community. Council President Zastawny presented a certificate of appreciation to Roger Maynard from Indiana American Water for his support to the City through City Pride. Council President Zastawny also presented a certificate of appreciation to Molly Gruninger for her work on the flood wall murals through City Pride. 3. Joyce Ribble - Dafford Flood Wall Mural Project: Mrs. Ribble spoke before the council regarding the Dafford Flood Wall Mural Project that Ms. Duffy spoke of in regards to Molly Gruninger's work. Mrs. Ribble stated that the funds that were raised to begin the project were held in a trust fund through the City of Jeffersonville with the exception of $20,000. Mrs. Ribble stated that according to the books of the project there should be $31,500 left and Mrs. Harmon indicated that there is not that amount left in the fund. Mrs. Ribble asked for the Council to cover the shortfalls of the money that should be in the fund. The Council decidedly asked Mrs. Ribble to gather all of the contracts with the donors, receipts, and any paper trail for the money. Mr. Ribble agreed to do so. 4 4. Councilperson Samuel/ Public Art Study Committee: Councilperson Samuel introduced his public arts study committee and stated that they have prepared a final report for the council to view their findings. Candy Stephenson from the Committee presented some of the report stating that public art affects the community in a positive way and is able to revitalizes urban areas as well possible businesses. Mrs. Stephenson stated that public art promotes tourism and may be temporary or permanent. Mrs. Stephenson emphasized that anything can be art including statues, fountains, gardens, sculptures, buildings, etc. A public art program would be responsible for overall management, fund raising, public accountability, and site and artist selection process. Councilperson Samuel then introduced Mr. Tony Decker who served on the study committee and showed the council various pictures around Jeffersonville where public art is already in use. Mr. Decker also read eight recommendations that the committee put together for the council to consider. The council then awarded all of the committee members with a plaque for recognition of their hard work on the committee. 5. Monica Harmon 2012 -OR -68 An Ordinance fixing the Salaries of Appointed Officers and Employees for the year 2012: Mrs. Harmon respectfully requested approval of 2012 -OR -68 to include the new position in Wastewater. Mrs. Harmon stated the position is an existing position, but a new employee. Councilperson Samuel made a motion to SUSPEND THE RULES in anticipation of passing 2012- OR -68, seconded by Councilperson Payne, PASSING on a vote of 9 -0. Councilperson Samuel made a motion to APPROVE 2012 -OR -68 on all three readings, seconded by Councilperson Sellers, PASSING on a vote of 9 -0. 6. Monica Harmon 2012 -OR -69 An Ordinance Fixing the Salary of Elected Officials of the City of Jeffersonville, Clark County, Indiana, Commencing January 1, 2013: Mrs. Harmon presented 2012 -OR -69 before the council respectfully requesting approval stating that this would raise the City Clerk to $50,000 and have the City Court Judge's salary of $54,326 to be taken completely out of the general fund instead of being split between PUF and General. Mrs. Harmon stated this has to be done before the end of the year to take effect in 2013. Councilperson Samuel made a motion to APPROVE 2012 -OR -69 on a first and second reading, seconded by Councilperson Sellers, PASSING on a vote of 7 -1 with Councilperson Owen voting Nay. 7. Greg Fifer -Draft Joint Resolution 2012 -R -23: Mr. Fifer presented a joint resolution to the City Council that has already been approved by the town of Clarksville and the board of Commissioners of Clark County. The approval of the City Council and the Redevelopment Commission are the only two needed in the joint resolution. The joint resolution authorizes the purchase of certain services and establishing policies up to $21,000 to help the assessor's office in services due to the understaffing of that particular office. Councilperson Sellers suggested getting half of the money from Sewer board since they use the GIS system. Mrs. Harmon suggested it being split 1/3 between Sewer, Planning and Zoning, and the City itself due to their usage of GIS. Councilperson Samuel made a motion to APPROVE 2012 -R- 23 up to the sum of $21,000 from the EDIT fund with the anticipation of the other departments being asked to pay their fair share. Councilperson Smith seconded the motion, PASSING on a vote 8 -0. C. REPORTS AND COMMENTS: 1. PUBLIC COMMENT No Public Comment 2. COUNCIL COMMENTS 5 Councilperson Smith: With much discussion between the council, initiated by Councilperson Smith, the Council agreed to meet in a special meeting on Thursday December 27 2012 at Noon. Councilperson Payne: Stated he is looking forward to the new districts and sad to see Jeff 9 go. Council Vice President Sellers: addressed the concern regarding sidewalks being put in front of the new Taco Bell near Rural King suggesting the Council look into passing an ordinance soon to accept money from businesses towards a sidewalk fund. Councilperson Gill: Reiterated that she is a strong supporter of the Fire and Police and is not sure what they were told, but is a big supporter in the new Police Station. Councilperson Glover: Congratulated Nathan on the success of his public art study committee. Council President Zastawny: Announced that it has been an honor to serve as President and is looking forward to 2013. Councilperson Julius: none Councilperson Owen: Asked the Council about a new date for the Parks Authority meeting. The Council collectively agreed to move Parks Authority to the 4 Monday of the month beginning January 28 2013 in the Council Chambers at 6:00 P.M. Councilperson Samuel: Requested that the Council officially accept the report given by the Public Arts Study Committee. Councilperson Samuel made a motion to ACCEPT the report and to work towards implementing the recommendations given. Councilperson Owen seconded the motion, PASSING on a vote of 8 -0. Councilperson Samuel also asked the council to approve of the Clerk's office to purchase an updated laptop to be taken out of the Council special project fund. Councilperson Samuel requested the clerk's office get some quotes to give the Council on new laptops. Councilperson Samuel also made a motion to CANCEL the third part audit of the City Court. City Council Attorney Scott Lewis clarified that there is no such provision in Indiana statute saying it is illegal to do an independent audit. Mr. Lewis stated that State Board of Accounts does not recognize a third party audit as any sort of substitution for their yearly audit. Mr. Lewis stated that former city court judge Vicki Carmichael had an independent audit done and it is legal. The motion DIES for lack of second. ADJOURNMENT: Councilperson Samuel made the motion to ADJOURN, seconded by Councilperson Gill, passing unanimously. Meeting ADJOURNED at 9:35 P.M. APP : ! ED : Y: f Edward Zasta y, President ATTESTED BY v/(4,e Vicki Conlin, City Clerk 6