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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. 1 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. 2 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. 3 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: 4 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. 5 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 6