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HomeMy WebLinkAboutSeptember 2, 2014COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA September 2, 2014 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:00pm, on Tuesday, September 2, 2014. Council President Julius with Vicki Conlin, City Clerk, called the meeting to order at 7:00 PM. President Julius asked those in attendance to stand as Mr- Bobby Campbell gave the Invocation- President Julius then led all those present in the Pledge of Allegiance to the Flag. The roll call and those present were: Councilperson Smith, Councilperson Zastawny, Councilperson Payne, Vice President Gill, Councilperson Glover, President Julius, Councilperson Samuel, and Councilperson Owen- Absent was Councilperson Sellers. MINUTES TO BE APPRON/EO. Councilperson Glover made a motion to APPROVE the minutes from the regular Council meeting on August 18, 2014, with Vice President Gill seconding, PASSING on a vote of 8 -0 - APPROVAL OF THE "GENOA: Councilperson Samuel requested items #7 and 718 under New Business be removed after talking to Jacobi, Toombs and Lanz and the administration- Councilperson Payne made a motion to APPROVE the agenda with the changes, with Councilperson Samuel seconding, PASSING on a vote of 8 -0 - CLAIMS TO BE APPROVEO: General Claims: Controller Amy Deering presented the general claims list in the amount of - 51,702,685-40- Councilperson Smith requested the Fire Department's storage building be taken out of LOIT and placed into the General Fund- President Julius questioned a claim to Property and Casualty Insurance for the Palmer Corporation for $8,452 and requested it be pulled for further explanation, Mr. Merkley stated he would look into it- Vice President Gill stated that the claim to the Greater Clark Schools JHS Girls Golf did not have any explanation with it and requests that it be pulled until some is provided- Also, Vice President Gill questioned the claim for 595 for Rick Lovan's registration to Leadership Southern Indiana taken from the Mayor's Promotional Fund- Council Attorney Scott Lewis explained that since Mr. Lovan is technically a Sewer Board employee, this should be paid from the Sewer Board budget, not the Mayor's- Vice President Gill also questioned the claim from the Board of Public Works to the ProMedia Group for 52,760 which had an email accompanying it stating this was to establish Facebook and Twitter accounts for City Pride. Corporate Attorney Les Merkley stated that the City will not be maintaining these accounts for them and they were just trying to help City Pride, and there are no fees for Facebook or Twitter- Councilperson Samuel questioned a $200,000 transfer out of Gaming Revenues into the Parks Department- Ms- Deering stated that this transfer was to support the expenditures out of Parks Activities Fund #209 which is in the red- Vice President Gill requested there be more information on the claims for transfers for future reference- Ms- Deering presented a hand -carried claim for $16,050 for the Public Arts project- Councilperson Owen made a motion to APPROVE the amended general claims list in the amount of $1,710,188.40 with Vice President Gill seconding, PASSING on a vote of 8-0. 1 REPORT OF THE CLERK: None at this time. A. UNFINISHED BUSINESS: 1. Les Merkley — 2014 -OR -45 An Ordinance Replacing Ordinance 2002 -OR -14, an Ordinance Establishing Longevity for City Employees other than Police and Fire Officials: Mr. Merkley explained that this ordinance is an attempt to clean up some of the language in the previous ordinance and will basically allow the City to pro -rate the payment of longevity pay for City employees. Councilperson Owen made the motion to PASS 2014 -OR -45 on the third reading, with Councilperson Smith seconding, PASSING on a vote of 8-0. B. NEW BUSINESS: 1. Jim Bosley — Letter of Support and Grant Match for Owner Occupied Repair Grant through New Hope Services: Mr. Bosley President and CEO of New Hope Services came before the Council to inform them that it is his intention to apply for an Owner Occupied Repair Grant in the amount of $350,000. Mr. Bosley stated that he has been in contact with Planning and Zoning Director Shane Corbin and he has been able to identify 17 homes in the City that are in dire need of repair and the owners can't afford to make the repairs. The maximum for each household is $25,000, if they repair all 17 homes, and the application will be completed sometime in December 2014. Mr. Bosley explained that everything is scored on a point system and if the City contributes some match, they will get more points making it easier for them to get the grant approved. Mr. Bosley made a request for the Council to consider matching up to $25,000. Mr. Bosley stated that the homes that were chosen are based on income and have to be 60% or below the area median income in order to qualify. There is a 60 to 90 day period before they're notified as to the success of their application for the grant. Mr. Bosley also stated that he wanted to clear up any questions as to whether or not they pay property taxes on their tax credit apartment properties. He explained that they have 6 tax credit apartment properties (2 in Jeffersonville, 1 in Scottsburg, 1 in Clinton, and 2 in Elwood) and they pay taxes for 15 years on those properties. The affordability period ends at the end of 15 years and that's when they can tax exempt them. Mr. Bosley also informed the Council that it is his intent to do something with the "Nightmare Building" and intends to try to work out a purchase agreement on the building and submit a tax credit application on November 3, 2014. Mr. Bosley stated that he will come back next month to discuss that further. 2. Amy Deering — 2014 -OR -46 An Ordinance of Additional Appropriation: Ms. Deering detailed for the Council the appropriation changes: the first item for $4,500 was a request from City Engineer Andy Crouch who was out of overtime money and the associated costs with that from Social Security $370 and INPRS $630; the City is running out of postage money and the additional $4,500 should carry them through the end of 2014; the next two items for $20,000 and $10,000 was a request to bump up the Steamboat Days budget to $100,000; the $10,000 Spay and Neuter item was just to appropriate the cash that is in that fund; the Gaming item for $7,103.85 was for a RiverStage mailer that went out and the $5,482.00 in Gaming was for the sod at Woehrle Park; the next item of $17,182 was to appropriate the cash that's in the sidewalk 50-50 funds; and the $426,794 is for the second half of the Fire Department apparatus. Councilperson Samuel asked Ms. Deering how many more additional appropriations she anticipates would be needed to take us to the end of the year. Ms. Deering stated that it's hard to answer that, but she will look at the books and give him an idea of that number at the next 2 Finance Committee meeting. Vice President Gill made a motion to APPROVE 2014 -OR -46 on the first and second reading, with Councilperson Zastawny seconding, PASSING on a vote of 8-0. 3. Amy Deering — Redevelopment TIF Report Prepared for Fiscal Body, 2013 Data: Ms. Deering stated that this annual report is required by the State and has to be reported through the Gateway System by October 1, 2014. This lists each TIF, the beginning of the cash, and all the revenue and expenditures for 2013. At the bottom of the report is a summary of all debt. Councilperson Zastawny questioned how much tax revenue was taken in on the fund for Inner City Road and Ms. Deering stated approximately 7.5 million dollars and Falls Landing is approximately 2.2 million dollars. Councilperson Smith stated that it is good to point out that this report shows revenues over 21 million dollars, but the revenue is actually 7.5 million dollars and the rest is borrowed money. President Julius requested a list of bonds that are creating these revenues. Councilperson Zastawny stated that TIF revenue for the year when added all together is bringing in approximately 11 million dollars and Ms. Deering confirmed that amount. Councilperson Owen made a motion to ACCEPT the annual TIF Report, with Councilperson Zastawny seconding, PASSING on a vote of 8-0. 4. Scott Lewis — 2014 -OR -47 An Ordinance Authorizing Fees for Various City Parks Department Events, Programs, Facilities and Merchandise: Mr. Lewis stated that there has never been an enabling ordinance in place to authorize the fees that that Parks Department charges. Mr. Lewis explained that this ordinance is created purely as a bookkeeping measure to comply with the State Board of Accounts rules. Councilperson Owen questioned whether or not it was the Parks Authority Board's responsibility to set fees for things like the dog park and Mr. Lewis stated that the Parks Authority Board can make recommendations, but all City fees need to come through the fiscal body which is the City Council. Councilperson Smith questioned "Exhibit A" under the Steamboat Days purchase of "Festival Lanterns and Lighters." Vice President Gill explained that the lighters would be sold to folks who purchase the Lanterns that will launch over the river at night during the Festival. Council members and Mr. Lewis discussed the potential dangers and liability to the City regarding this event and decided to look into the matter further before agreeing to it. Councilperson Zastawny made a motion to APPROVE 2014 -OR -47 on the first motion, with Councilperson Payne seconding, PASSING on a vote of 8-0. 5. Scott Lewis — 2014-R-17 A Resolution Designating the Content of Booths at the City of Jeffersonville Steamboat Days Festival: The Parks Department and the Steamboat Festival Committee have decided to limit the arts and crafts and food vendors at the Steamboat Festival and to not allow political booths. Mr. Lewis referenced paragraph #2 at the bottom of 2014-R-17 that he feels should protect any concerns about political free speech: "That the exclusion of political booths from the festival shall not prohibit the political free speech of any individual or group, and any individual or group may freely display or disseminate protected political free speech at the festival." Councilperson Glover cautioned that if this resolution is passed, the Council is pushing all the free speech out into the entire area of the festival rather than keeping it contained in a political booth. Councilperson Owen stated that excluding political parties from allowing their candidates to make themselves available three weeks before an election is insane. Councilperson Payne stated that if they are going to exclude arts and crafts then it's only fair for politicians to be excluded as well. Vice President Gill made a motion to APPROVE 2014-R-17, with Councilperson Zastawny seconding, PASSING on a vote of 6-2. 3 6. Scott Lewis — Appointment to the County Board of Building Authority Trustees: Mr. Lewi$ explained that the current Indiana code regarding the Board of Directors of the Building Authority has never been amended for the County Government Building. The Board of Directors consists of five members. One member is appointed by the County Council, two members are appointed by the County Commissioners, one is appointed by the Mayor of Jeffersonville and one by the City Council. Mr. Lewis explained that no one has been appointing the City representatives so the board has been operating with only three members for the last few years. The Board of Trustees, who only meet once a year, appoint the five members of the Board of Directors of the Building Authority whose responsibility is to handle all the day-to-day operations of the County Government Building. Mr. Lewis stated that the City Council needs to fill their appointment, but explained that they will probably not have to do this next year because the law should be amended since this is now a County Building and will have only County appointees. Vice President Gill made a motion to NOMINATE Ms. Shell Law, with Councilperson Zastawny seconding the motion to nominate, PASSING on a vote of 8-0. CITY COUNCIL ATTORNEY REPORT: None at this time. DEPARTMENT HEAD REPORTS: 1. Greg Sumter for Chief Chris Grimm — Body Cameras for JPD: Assistant Chief Sumter came before the Council to request funding from LOIT for officer worn body cameras stating that law enforcement is changing and is under a lot more scrutiny. Vice President Gill stated that she is in support of anything that protects the City's police officers, but by no means wants our officers to think Council is doing this because they don't trust them. Assistant Chief Sumter stated that they are pushing for this because they feel it will benefit the officers to have a better video and audio of an altercation. The cameras are worn on the belt and are about the size of your thumb. The cameras have a one-year warranty, a one-time maintenance fee and there isn't a storage fee. Assistant Chief Sumter stated that the cost is $40,000 for 60 sets of body cameras, but if one lawsuit can be prevented, you will more than get your money back. All 52 patrol officers will be assigned a body camera and required to wear them. Councilperson Payne stated that he feels $40,000 is a small price to pay to keep officers safe and insure the civil liberties of the residents of Jeffersonville. Councilperson Payne made a motion to approve with Vice President Gill seconding. Councilperson Smith recommended looking into the cost of an extended warranty. Councilperson Samuel asked Mr. Merkley if he recommended these body cameras from a legal perspective. Mr. Merkley stated that he does recommend them and feels that they would help eliminate frivolous lawsuits. Councilperson Samuel asked if a citizen who feels that they were mistreated in any way by a police officer have the right to ask the City to give them the video off of the officer and Mr. Merkley stated yes because it is a public record. The exception would be if it's part of an on-going investigation. Assistant Chief Sumter stated that they are asking for the money out of LOIT. Ms. Deering stated that there is $16,900 appropriated in Safety Equipment in LOIT. Councilperson Zastawny made a motion to ADVERTISE for additional appropriation in LOIT up to $40,285.95, with Councilperson Owen seconding, PASSING on a vote of 7-1. • Councilperson Payne withdrew his motion to approve and Vice President Gill withdrew her second. PUBLIC COMMENT: None at this time. COUNCIL COMMENTS: Councilperson Smith: None at this time. 4 Councilperson Zastawny: pointed out an error in the minutes of August 18, 2014, page 7, paragraph 3 reads "the current weight scale" and should read "the current wage scale." (see attached amendment) Councilperson Payne: None at this time. Vice President Gill: None at this time. Councilperson Glover: None at this time. Councilperson Owen: None at this time. Councilperson Samuel: stated that four of the crosswalks are going to be painted on Sunday, September 14th or Sunday, September 28th — the rain date. The streets will be closed during this time and the artists will start at 6:OOam and work until Noon. They will start at Riverside Drive (Cluckers and the Overlook) and then move up three more blocks. President Julius: stated that YMCA Director Joe LaRocca previously came before the Council requesting a match from the City for a pedestrian walkway behind the YMCA. This project is completed or close to completion and is giving Ms. Deering a claim for $10,000. ADJOURNMENT: Councilperson Owen made a motion to ADJOURN at 8:07pm, with Vice President Gill seconding, PASSING on a vote of 8-0. APPROVED BY: Dennis ;jUus, President ATTESTED BY: Vicki Conlin, City Clerk 5 AMENDMENT TO THE AUGUST 18, 2014 MEETING Councilperson Zastawny: Spoke to Corporate Attorney Merkley about redevelopment as it relates to state statues. A report is done per City Controller Amy Deering. Corporate Attorney Merkley says it was the same report as last year but requires more information. Councilperson Zastawny also inquired about the marina, the current weight wage scale is slowing things down. Corporate Attorney Merkley says that this should be good for 3 months, we have one. Councilperson Zastawny stated that he did not know what has been approved and what hasn't. Corporate Attorney Merkley states that there a lot of issues and contingencies based on specific issues. President Julius called Jorge after the bid opening and discussed this with him quite a bit and the jetty was not part of the bid. Councilperson Zastawny supports this but finds it strange that we don't know what it will encompass until after the fact. Corporate Attorney Merkley states that this will be based on engineer's estimates, not attorneys or council.