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HomeMy WebLinkAboutApril 15, 2013COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA April 15th, 2013 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:OOpm, on Monday April 15th, 2013. Council President Connie Sellers, with Vicki Conlin, City Clerk, called the meeting to order at 7:03 pm. President Seller asked those in attendance to stand as Bobby Campbell gave the invocation. Council President Sellers then led all those present in the Pledge of Allegiance to the Flag. The roll call and those present were: Councilperson Smith, Councilperson Gill, Councilperson Zastawny, Councilperson Samuel, Council President Sellers, Councilperson Vice President Julius, Councilperson Payne, Councilperson Glover and Councilperson Owen. APPROVAL OF THE AGENDA: Councilperson Gill made a motion to APPROVE the agenda with Councilperson Glover seconding, PASSING on a vote of 9-0. MINUTES TO BE APPROVED: Councilperson Gill made a motion to APPROVE the April 15t, 2013 meeting minutes with Councilperson Samuel seconding, PASSING on a vote of 6-0 with Councilpersons Owen, Payne and Glover abstaining. Councilperson Payne made a motion to APPROVE the March 27th, 2013 workshop minutes with Councilperson Gill seconding, PASSING on a vote of 7-0 with Councilperson Owen and Glover abstaining. CLAIMS TO BE APPROVED: General Claims: Mrs. Deering presented the general claims list in the amount of $470,960.16 to the council for approval. Councilperson Julius asked about the claim for fencing damage under the common council and Mrs. Deering stated it most likely had to do with not meeting the deductible and will find out. Councilperson Gill questioned the water purchase that is placed under the BPW department. Mrs. Deering stated she would look into it. Councilperson Samuel questioned the port security grant. Mrs. Deering stated it was a grant disbursement that involved Police, Fire and other entities. Councilperson Payne made a motion to APPROVE the general claims list in the amount of $470960.16 with Councilperson Smith seconding, PASSING on a vote of 9-0. Parks Claims: Mrs. Deering presented the parks claims list in the amount of $59,083.95 for approval. Councilperson Glover made a motion to APPROVE the claims list in the amount of $59083.95 with Councilperson Julius seconding, PASSING on a vote of 9-0. REPORT OF THE CLERK: None at this time DEPARTMENT HEAD REPORTS: Les Merkley- Paralegal: Mr. Merkley stated that the position was placed in a pay grade six and requested approval to hire the individual in mind at $2,000 above the minimum due to qualifications the 1 individual has for the position. The additional $2,000 would still be below the midpoint by $2,000 and this is all based on the old current scales, not the new pay ranges being considered. Chris Grimm- School Resource Officer: Chief Grimm stated that with the recent events in Boston the Police Department is revamping their security plan for Thunder. Chief Grimm stated that every police officer works that day and there are working relationships with the state and federal units that are present every year. Chief Grimm addressed the council regarding a safety meeting that recently took place with the Greater Clark County School Board where they have asked for an additional School Resource Officer (SRO) so that both middle schools have permanent police presence instead of sharing one officer between both schools. This would bring the total of SRO's to three. The school board has committed to pay $34,500 towards a new officer. A new officer starts at a salary $41,154. Councilperson Owen asked what the process is for a new officer. Chief Grimm stated it takes a while to get a new officer on the street. The department will take one off the street and put that person into the SRO position and the new officer would be replacing that officer off the street. Councilperson Smith stated he feels the school corporation needs to pay a little more. Councilperson Owen stated it is an additional resource that the city could utilize. Chief Grimm stated that there are two officers retiring this year. One will leave in April and the other will leave in July. Chief Grimm stated the city will also be saving money since one of the officers leaving is a captain and the other is a lieutenant. Councilperson Smith stated he supports the new officer, but would like to give the school corporation more time to help fund this a little more. Councilperson Glover stated to the council that they sat down with the school board in December to discuss safety and now they are offering to pay about 85% of a salary and asked the council what more they would want from the school system. Councilperson Glover asks that there be a roll call if a vote is taken. Chief Grimm stated that the previous contract is 75% of a salary and not to exceed $31,000. Mr. Mellon from the school board stated that they are willing to pay 50% of the city's top paid officer. The board was 100% supportive of this 50/50 partnership. Mr. Mellon stated that Charlestown has the same agreement. Mr. Mellon also stated he would not have a problem revisiting this cost factor on an annual basis and would suggest the council making a motion to approve subject to annual review. Councilperson Owen made a motion to APPROVE the additional RSO and pending annual review of the cost factor. Councilperson Glover seconded, PASSING on a vote of 5-4. The roll call vote was as follows: Yay Nay Councilperson Smith Nay Councilperson Zastawny Nay Councilperson Payne Yay Councilperson Gill Yay Councilperson Glover Yay Council President Sellers Nay Councilperson Julius Yay Councilperson Owen Yay Councilperson Samuel Nay Chief Grimm asked for approval to hire the two replacement officers and the third for the RSO in June to allow time for them to leave for the academy in July. Chief Grimm stated that with one retirement happening in April he can push off the hiring that replacement to June and the other retirement replacement can be pushed up from July to June. Chief Grimm stated this would give the department about 45 days to hire and prepare for the academy. Councilperson Smith made a motion to APPROVE the hiring of the three officers in June, with Councilperson Zastawny seconding, PASSING on a vote of 9- 0. 2 A. UNFINISHED BUSINESS: 1. Amy Deering- 2013 -OR -4: An Ordinance Amending Ordinance 2012 An Ordinance of Addition Appropriation by Reduction (Passed on 15t reading): Mrs. Deering requested a second and third reading on 2013 -OR -4 that will take care of the $245,000 cut from the Parks budget and will move the budget dollars into the newly established funds. Councilperson Zastawny questioned the line from BPW in the amount of $87,400 stating that this is from the Communications Director and was moved to Parks and now we are looking to move that back to BPW budget giving them the money to put towards any contracts. If it doesn't get moved today, it can always be done later. Councilperson Smith made a motion to APPROVE on a second reading leaving out the 300 series line with $87,400 until verification. Councilperson Zastawny seconded, PASSING on a vote of 9-0. B. NEW BUSINESS: 1. Andy Barber Project Manager for Kentucky Transportation Cabinet (Downtown Bridge) and Ron Heustis, INDOT Project Manager (East End Bridge): Andy Barber: Mr. Barber, Project Manager for the Kentucky Transportation Cabinet Downtown Bridge, came before the council to give a brief update regarding the downtown construction. Mr. Barber stated that the project was awarded in November 2012 for 860 million dollars to Walsh Construction. The estimated completion date is November 2016, which is earlier than originally anticipated. On December 28th, 2012 the notice to proceed was given. Walsh has set up an office downtown next to the YUM Center and will be working with officials in Louisville, Jeffersonville, and Clarksville. Major Construction will begin in July 2013 on Interstate 65. The project has a website, kyinbridges.com, that will showcase traffic updates as well as design and project information for both bridges. Walsh will have two open houses, the first one being May 8th at the Mellwood Arts Center and the fall open house will be in Indiana. Exits in Indiana will not be closed until about 2014 and there will be advanced notice given. Ron Heustis: Mr. Heustis , INDOT Project Manager for the East End Bridge, stated that both his and Mr. Barber's responsibilities go farther than just the bridge. Mr. Heustis stated that KY decided to go with a design build contract while Indiana went with a public private partnership. The major work in the east end of Jeffersonville will be operated and maintained by the Developer (Walsh east end partners) for 35 years. The timeline for completion is very similar. On March 28th, 2013 financial closing was reached and the bond sale was one of the best sales for a PVP in the U.S. Construction timeline is looking to begin around mid may. There will be a six month summer closure of Utica-Sellersburg road in 2014 and they will be working the school board to coordinate bus routes. The next open house will be on the 1th at the Utica Community Center from 5:30-8:30 P.M and another on April 24th. All the information will be contained on the kyinbridges.com website as well. 2. Scott Lewis- 2013 -OR -7: Ordinance Regarding a Policy of Prohibiting Persons Who Have Pending Litigation Against the City From Being Appointed to City Boards and Commissions: Councilperson Samuel stated that he asked Scott to put this ordinance together to prohibit persons who have pending litigation against the city from being appointed to a board/commission. Councilperson Payne asked what happens if President Sellers slips and falls at aquatic center and sues the city? Would that be a conflict of interest? Mr. Lewis stated he would need to look into that type of situation, but this ordinance only applies to 3 current active litigation. Councilperson Zastawny asked if we can do this with a business as well. Councilperson Glover asked if someone was sitting on a board and then sued if he/she would be removed. Mr. Lewis stated this is only regarding appointing people to board if they have current litigation, but can look into these questions. Councilperson Samuel made a motion to APPROVE 2013 -OR -7 on a first reading, with Councilperson Owen seconding, PASSING on a vote of 9-0. 3. Scott Lewis — 2013-R- 7: Ordinance Amending the Council's Procedure for Amending the Meeting Agenda (requiring a simple majority vote rather than a unanimous vote): Mr. Lewis presented 2013-R-7 to the Council for discussion of changing the rules for amending the meeting agenda from a unanimous vote to a majority vote. Councilperson Samuel made a motion to APPROVE 2013-R-7 with Councilperson Julius seconding. Councilperson Owen questioned the motivation and rather it had to do with his voting against the amendment of the agenda about 2 months ago. Councilperson Samuel stated he felt a unanimous vote is too much power for one person and Council President Sellers stated that they have purposely not tried to amend the agenda due to Councilperson Owen's statement about 2 months ago that he would "never" vote to amend the agenda again. Councilperson Payne stated that he believes Councilperson Owen has since voted to amend the agenda. Councilperson Owen retracted his statement of the word "never" and stated he was just not comfortable voting on things, especially ordinances that only need one reading, when he has not had advance time to look it over. Councilperson Owen stated if it is something that is discussed prior to the meeting and doesn't include a large packet of reading that he could possibly vote to amend the agenda in that type of situation. Councilperson Zastawny stated it is Roberts Rules of Order and sometimes things are put on the agenda but not necessarily in hand. Councilperson Payne stated he doesn't feel comfortable voting on something that day that was just handed to him at the meeting. Councilperson Glover agreed that it is "common courtesy" to have time to review something before voting. Councilperson Samuel WITHDREW his motion and Councilperson Julius withdrew his second. Councilperson Samuel made a motion to TABLE with Councilperson Zastawny seconded, PASSING on a vote of 8-1. Councilperson Owen voted Nay stating he does not want to see this Resolution tabled, but rather die from lack of action. 4. Scott Lewis — 2013-R-8: Ordinance Regarding Capital Expenditures and Leases: Mr. Lewis presented the council with 2013-R-8 that will implement approval from the council on any capital expenditures and leases over $5,000 for the remainder of the 2013 calendar year. Councilperson Julius made a motion to APPROVE 2013-R-8 with Councilperson Owen seconding, PASSING on a vote of 9-0. 5. Scott Lewis — 2013 -OR -8: Ordinance Implementing a Temporary Freeze of the Use of City - Issued Credit Cards: Mr. Lewis presented 2013 -OR -9 for Council discussion that will implement a temporary freeze of the city issued credit cards until further policies can be updated. Councilperson Smith expressed concerns about the credit card counts for the city and stated that he believes Mr. Merkley has been working on some ways to better manage the credit cards. Councilperson Gill stated her concern is that purchases are not going through the claims process properly and that once things are charged, the city has to pay that charge. Council President Sellers suggested having time for people to prepare for this freeze and possibly having one or two or three held in the controller's office to be checked 4 out for use. Councilperson Smith made a motion to APPROVE 2013 -OR -8 on a first reading, with Councilperson Julius seconding, PASSING on a vote of 9-0. 6. Scott Lewis — 2013 -OR- Letter to the Mayor Requesting that Department Heads Send Recommendations to the Council for Budget Cuts Due to the Circuit Breaker Tax Caps: The council decided this was not necessary since Mr. Merkley and Mrs. Deering already has scheduled to meet with Department Heads this week. Mr. Merkley stated that they plan to have something to present to the Council regarding budget cuts next week. Mrs. Deering asked if they want the cuts presented by line item and the Council responded yes. NO ACTION was taken on this item presented by Mr. Lewis. C. Public Comment None D. Council Comment Councilperson Smith: Went to Vissing Park and spotted some issues that need to be addressed at the Parks meeting and the park is being used. Also spoke to Senator Grooms about Tax Caps and would like to try to figure out if they are trending and why the city of Jeffersonville is getting hit so hard recently. Councilperson Smith suggested some of the council going to visit with Senator Grooms to try and figure out what Jeffersonville can expect next year with the tax caps. Councilperson Zastawny: None Councilperson Payne: none Councilperson Gill: Asked if Mrs. Deering would let the department heads know about the new resolution regarding capital expenditures and leases. Councilperson Gill also wanted to thank the gentleman that updated the council on the bridges. Councilperson Gill pointed out that the state legislatures pay for everything out of pocket and it really puts the credit card issue into perspective. Councilperson Glover: none Council Vice -President Julius: none Councilperson Owen: reiterated that with 2013-R-7 seems to him that taking away the unanimous vote circumvents the minority and that he is just looking to have the items ahead of time. Councilperson Samuel: The Jeffersonville Public Arts Committee continues to meet and finalizes a request for approval to get an arts administrator and will keep the council updated on that. Councilperson Samuel stated that he and Councilperson Owen met with the homeland task force to discuss the homeless and some concerns regarding that those individuals will be removed from the current area due to downtown bridge construction and they believe they will relocate to the Big Four Landing. Councilperson Samuel stated that they were also discussing that homeless services in KY were being cut and the possibility that some of them may be walking over the Big Four to relocate in Jeffersonville. The task force is going to recommend and try to help have a master plan in place before the construction begins. 5 Councilperson Sellers: addressed the council stating that the review of the legal corporation job description and recommended salary is included in the council packets. The pay range selected has the pay minimum would be $76,000 and the maximum would be $130,333 with a midpoint at $103,500. This range is based off the new ranges proposed by Liz Gross. The old range that the job would fit into has a minimum at $77,440 and the maximum would be at $116,160. Councilperson Smith made a motion to APPROVE the set the pay for the Corporation Counsel at the old pay grade 15 with a retroactive date of April 1St, 2013. Councilperson Julius seconded the motion, PASSING on a vote of 8-1. Councilperson Samuel voted nay. Councilperson Gill made a motion to ADJOURN at 9:16 P.M. with Councilperson Smith seconding, PASSING on a vote of 9-0. APPROVED BY: Connie Sellers, President Vicki Conlin, City Clerk 6