HomeMy WebLinkAboutNovember 18, 2013COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
November 18th, 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 November 18th, 2013.
Council President Connie Sellers, with Vicki Conlin, City Clerk, called the meeting to order at 7:00 pm.
President Seller asked those in attendance to stand as Councilperson Samuel 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 Zastawny, Councilperson Glover, Council President
Sellers, Councilperson Gill, Councilperson Payne, Councilperson Julius, Councilperson Owen, and
Councilperson Samuel. Absent: Councilperson Smith.
APPROVAL OF THE AGENDA:
Councilperson Gill made a motion to APPROVE the agenda with the addition of Mr. Lewis as number five
under new business and number six under new business added to talk about the 911 fiscal board.
Councilperson Zastawny seconded, PASSING on a vote of 8-0.
MINUTES TO BE APPROVED:
Councilperson Samuel made a motion to APPROVE the November 4th, 2013 Regular Council Proceeding
minutes with Councilperson Glover seconding, PASSING on a vote of 8-0.
Councilperson Glover made a motion to APPROVE the November 4th, 2013 Council Workshop minutes
with Councilperson Gill seconding, PASSING on a vote of 8-0.
CLAIMS TO BE APPROVED:
General Claims: Mrs. Deering presented the claims list in the amount of $701,939.75 to the council for
approval. Councilperson Gill made a motion to APPROVE with Councilperson Glover seconding, PASSING
on a vote of 7-0-1 with Councilperson Julius abstaining.
REPORT OF THE CLERK:
Clerk Vicki Conlin asked the Council if they wanted to buy a table and take place in the celebrity waiter
dinner again this year, for the Clark County Youth Shelter. The fundraising event will be held on
December 11th. Councilperson Gill made a motion to APPROVE the purchase of a table at the event with
Councilperson Julius seconding, PASSING on a vote of 8-0.
DEPARTMENT HEAD REPORTS:
Charlie Heavrin: Mr. Heavrin, Animal Shelter Director, requested that the council appropriate $23,000
from the spay and neuter fund into his expenditures line to help finish out the year. This is just asking to
use the revenue the shelter takes in. Councilperson Gill made a motion to APPROVE the advertising of
$23,000 additional appropriation with Councilperson Owen seconding, PASSING on a vote of 8-0.
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UNFINISHED BUSINESS:
1. SCOTT LEWIS — 2013 -OR -42 An Ordinance Amending Ordinance 2011 -OR -73, Which Said
Ordinance Amended Ordinances 1997 -OR -73, 2007 -OR -1 and 2008 -OR -16 Creating an Advisory
Drainage Board (Passed on 1St Reading 10/21/13 Passed on 2nd Reading 11/4/13): Mr. Lewis
presented 2013 -OR -42 to the council for a third and final reading to amend the drainage
board ordinance. Councilperson Julius made a motion to APPROVE 2013 -OR -42 on a
third and final reading with Councilperson Zastawny seconding, PASSING on a vote of 8-
0.
2. Amy Deering — 2013 -OR -44 An Ordinance for Additional Appropriation (Passed on 1St Reading
10/21/13, Passed on 2"d Reading 11/4/13 ): Mrs. Deering presented an Ordinance for
Additional Appropriation and asked that the Public Hearing that was advertised take place as
well
a. Public Hearing: Council President Sellers OPENED the public hearing at 7:11 P.M. and
with no additional public comment CLOSED the public hearing at 7:11 P.M.
Councilperson Owen made a motion to APPROVE 2013 -OR -44 on a Third and Final reading with
Councilperson Julius seconding PASSING on a vote of 8-0.
3. LES MERKLEY— 2013 -OR -46 An Ordinance Changing the Zoning Map Designation of a Certain
Tract of Property Located on a 4.8 -Acre Parcel and Fully Described in Attached Exhibit A from
C1 to C2 (Tabled Last Meeting 4-4 Vote): Mr. Merkley presented 2013 -OR -46 to the council
stating that due to a 4-4 vote at the last meeting the Ordinance was tabled per state statute. Mr.
Merkley stated that it doesn't appear that anyone is present to represent the petitioner for the
zoning change.
a. Public Hearing: Council President Sellers OPENED the public hearing at 7:13 P.M.
i. Shelby Shadwell: Spoke before the council regarding the marina. The council
corrected him and told him that this was for storage of boats and RV's, but not
about the Marina project.
ii. Mike Czape: Stated after a neighborhood poll, he did not receive a majority of
negative responses, but nor did he receive support. Mr. Czape stated this is an
undesirable project for their area.
Council President Sellers CLOSED the public hearing at 7:17 P.M.
Councilperson Julius made a motion to APPROVE 2013 -OR -46 in anticipation of denying, with
Councilperson Zastawny seconding. Councilperson Zastawny stated that this would change the
zoning to a C2 and the zoning appeals board can make specifications about specific details and
unfortunately they did not do so and that is why is will be voting against this zoning.
Councilperson Payne stated he voted in favor last meeting, but will be changing his vote due to
the amount of emails from constituents who are not in favor of this zoning change. The motion
FAILS on a vote of 0-8.
4. Amy Deering — 2013 -OR -48 An Ordinance of Additional Appropriation (Passed on rt and 2nd
Reading 11/4/13): Mrs. Deering presented 2013 -OR -48 to the council for a Third and Final
Reading and stated that this Ordinance also had a Public Hearing scheduled for this date.
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a. Public Hearing: Council President Sellers OPENED the public hearing at 7:20 P.M. and
with no further public comment, the public hearing was CLOSED at 7:20 P.M.
Councilperson Glover made a motion to APPROVE 2013 -OR -48 on a Third and Final Reading
with Councilperson Julius seconding, PASSING on a vote of 8-0.
5. Scott Lewis — 2013 -OR -49 An Ordinance Repealing Ordinance 85 -OR -35 and Authorizing the
Promotion of City Business (Passed 1st Reading): Mr. Lewis presented a draft of an ordinance
that would replace the 85 -OR -35 in regards to the promotions of the city. Mr. Lewis stated that
he did not have any specific directions and made it very general, but did make changes
regarding meals in paragraph 3. Councilperson Gill brought up the suggested of possibly putting
the city logo on things that have money from this fund spent on them. She stated this would be
a good way for tax payers to see what they are paying for. Councilperson Owen suggested this
may be hard to do with certain things like the youth baseball teams. Councilperson Zastawny
made a motion to APPROVE 2013 -OR -49 on a Second Reading with Councilperson Samuel
seconding, PASSING on a vote of 8-0.
NEW BUSINESS:
1. Scott Lewis — Veto Override 2013-R-33 A Resolution Supporting the Initial Planning of the
Proposed Marina Project within the City of Jeffersonville: Mr. Lewis presented the veto
override of the Mayor's veto of 2013-R-33 that specified the Council's support of the
proposed marina project. The resolution was passed at the last meeting and vetoed by the
Mayor on November 7th, 2013. Councilperson Zastawny made a motion to APPROVE the
override of the veto of 2013-R-33 with Councilperson Julius seconding. Councilperson
Zastawny stated he was not at the last meeting and is unsure how this became so
controversial. He stated he simply wants to see the detailed plans because as a council they
are responsible for approving the plans for Redevelopment. Council President Sellers stated
the ordinance submitted originally did not have plans attached to it identifying what they
were approving. Councilperson Glover stated it all seems redundant. Councilperson Owen
asked if any of the other projects had detailed plans attached to the ordinance and
Councilperson Zastawny stated that they may not have but he feels from here on out they
should. The motion FAILS on a vote of 5-0-3 with lack of majority of votes. Abstentions
were: Councilperson Payne, Councilperson Glover, Councilperson Owen.
2. Lisa GiII/Josh Rodriguez: Report on JNLA National Night Out: Mr. Rodriguez spoke to the
council reporting on National Night Out. He stated that Jeffersonville won an award for
participation from 2012 and is handing over a patch and an award to the City. The week
after thanksgiving is when they will find out if they won anything from this year. Mr.
Rodriguez stated they are looking forward to next year. Council President Sellers read a
Thank You card for the councils continued support from the North Town Terrace and
Creekwood Apartment neighborhoods.
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3. Josh Thompson- Rescue Equipment 20% match from LOIT: Fire Assistant Chief Josh
Thompson came before the Council requesting additional appropriation from LOIT for the
20% match of the Grant received in 2011. This is to replace material and equipment that
have a "shelf life" and these are items that will need replaced soon. The amount should not
exceed $45,000, but Mr. Thompson stated he believes it will be closer to $35,000. Mr.
Thompson stated with this they should be able to go operational with confined space rescue
and will begin trench and structure training with this new equipment. Councilperson Glover
made a motion to APPROVE the $45,000 additional appropriation with Councilperson Owen
seconding, PASSING on a vote of 8-0.
4. Amy Deering- 2013 -OR -50 An Ordinance to Transfer Certain Funds within the Same
Department: Mrs. Deering presented 2013 -OR -50 with the addition of the $45,000 for fire
equipment. Councilperson Samuel made a motion to APPROVE 2013 -OR -50 on First and
Second Reading with Councilperson Owen seconding, PASSING on a vote of 8-0.
5. Mr. Lewis- 2013 -OR -51- Sewer Board agreement with Indiana American Water Company
for shut off of Delinquent Customers: Mr. Lewis presented an ordinance to the council for a
first and second reading that would authorize the sewer board to enter into a contract with
Indiana American Water Company to shut off water to delinquent customers. There would
be a $65 fee that the city would owe but it would be paid back through the customer. Mr.
Lewis stated there was a recent federal ruling regarding this type of agreement and he
made sure to include provisional language about appeals to satisfy that federal ruling.
Councilperson Gill stated her concern was that it was only one water company. Mr. Lewis
stated that no other water company has come forward offering this option, but Indiana
American is the largest in the area and would address a majority of the delinquent
customers. Councilperson Julius stated that he likes this idea as a landlord because after
three months (or however long the contract lists) and the water is shut off he will then know
that the renter is not paying their sewer bill. Currently there is no way for a landlord to keep
track of that until lien is placed on a property and it could be 6 months to a year of fees to
pay. That amount falls on the property owner. This will help landlords keep track and
possibly evict renters who are not paying properly sooner than normal. Mr. Merkley said the
delinquent customers are majority rental property. Councilperson Julius made a motion to
APPROVE 2013 -OR -51 on First and Second Reading with Councilperson Zastawny seconding,
PASSING on a vote of 5-3 with Councilperson Payne, Councilperson Gill, and Councilperson
Owen voting NO.
6. Matt Owen- 911 fiscal board appointment: Councilperson Owen brought it the council
attention that the 911 fiscal board will be having their first meeting soon and the council
needs to appoint someone. Currently Councilperson Smith has served on the steering
committee. Councilperson Glover NOMINATED Councilperson Matt Owen with
Councilperson Payne SECONDING that nomination. Councilperson Samuel NOMINATED
councilperson Mike Smith with Councilperson Zastawny SECONDING that nomination. Vote
was as follows:
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Councilperson Zastawny: Mike Smith
Councilperson Payne: Matt Owen
Councilperson Gill: Abstain
Councilperson Glover: Matt Owen
Council President Sellers: Mike Smith
Councilperson Julius: Mike Smith
Councilperson Owen: Matt Own (himself)
Councilperson Samuel: Mike Smith.
Both nominations FAIL due to lack of majority on a vote of 4 votes for Mike Smith, 3 votes
for Matt Owen, and 1 abstention.
City Council Attorney Report:
None
PUBLIC COMMENT:
1.Brian Gordon: Mr. Gordon who resides at Boat Dock 37 & 38 came before the council to read an
official letter for the record. The letter was written to the Council in response to the eviction
letter he received last week and emphasizing the length of time they have lived there and how
tedious it is to move his Targe house boat from the water. The letter can be found on the public
documents database on the cityofjeff.net website. Councilperson Zastawny expressed to the
individual that if there was action the council could have taken that they would have.
Councilperson Zastawny stated that this letter that was sent out and signed by Mr. Northam
gave the impression it was done by the Parks Authority and that is unfortunate because the
letter was at the mayor's direction and not the Parks Department. Council President Sellers
stated that the contract is with the executive, who is the mayor, and not the parks authority.
Mr. Gordon stated that when he sees City of Jeffersonville in his contract he thinks City Council.
Mr. Merkley verified that and stated that the letter was the Mayor's decision and not the
Council. Mr. Lewis emphasized that the "City of Jeffersonville" is the executive branch of the city
and that would be the Mayor's Office. Mr. Gordon stated that he feels he is wasting his time
then if the Council is not the person he should be talking to. Mr. Lewis made him aware that if
wants to appeal it would be at BPW because they are the contractual authority. Council
President Sellers emphasized that before the meeting when the council voted on this project,
the Mayor had already told the media the docks were being torn out regardless.
COUNCIL COMMENT:
Councilperson Zastawny: stated he just got back from National League of Cities convention in Seattle
and that a lot of communities have offices of sustainability that measures city progress and gives star
ratings. Another thing he heard a lot was how to become more business friendly and they talked about
putting money aside towards entrepreneurship. There was also information of uncertainty and how to
approach and plan for the city over the next 10 years. Also stated that there is a vendor he heard about
named tech citizen that can allow people to text in answers from a poll to get citizen input.
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Councilperson Payne: stated that he just now caught that he is not listed as present in the minutes from
the last meeting and he was there. Councilperson Payne made a motion to AMEND the minutes to add
him in as present and Councilperson Gill seconded, PASSING on a vote of 8-0. Also stated that even
though he voted for the marina and the Mayor's plan last meeting, but he was not aware of the plan to
evict people and is not in support of that.
Councilperson Gill: apologizes to the people at the Marina and handed out the final JNLA report to the
council. Also stated that she was out in the storms over the weekend and the major problem with the
drainage was leaves and will be addressing this at the next drainage meeting.
Councilperson Glover: none
Councilperson Julius: reiterated what Councilperson Gill said about the drainage and that he believes
the people on Waverly need to be on the priority list. Also thanked and compliment the Fire and Police
department with the traumatic event that his family went through recently.
Council President Sellers: stated her heart goes out to the people who live at the marina.
Councilperson Owen: seconded the drainage concerns and he did talk to City Engineer and Waverly is
the next RFP requested through the Drainage Board.
Councilperson Samuel: put out the idea of a having, a council workshop once a month in regards to city
projects around the city and it could start next month or Jan 2014. This could be helpful to get all the
information as a group. Also requested that the clerk put the marina project on the agenda for the next
meeting. Also asked if anyone knew where the framed current city council picture was at as well as the
one with Wayne Carter in it. Councilperson Gill stated they are in Mike Smith's office. Vicki Conlin stated
if someone can get to the clerk's office then they will help get it up.
Councilperson Glover made a motion to ADJOURN at 8:34 P.M. with Councilperson Owen seconding,
PASSING on a vote of 8-0
ATTESTED BY:
Vicki Conlin, City Clerk
ApfriROVED BY:
Connie Sellers, President
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