HomeMy WebLinkAboutOctober 6, 2014COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
October 6, 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 Monday, October 6, 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 Payne, Councilperson Sellers,
Council Vice President Gill, Councilperson Glover, Council President Julius, Councilperson Samuel, and
Councilperson Owen. Absent was Councilperson Zastawny.
MINUTES TO BE APPROVEC.=
Councilperson Samuel made a motion to APPROVE the minutes from the regular Council meeting on
September 15 2014, with Vice President Gill seconding, PASSING on a vote of 8-0.
Vice President Gill made a motion to APPROVE the minutes from the Budget Workshop on September
23, 2014, with Councilperson Glover seconding, PASSING on a vote of 8-0_
Vice President Gill made a motion to APPROVE the minutes from the Budget Workshop on September
24, 2014, with Councilperson Glover seconding, PASSING on a vote of 8-0.
Vice President Gill made a motion to APPROVE the minutes from the Budget Workshop on September
25, 2014, with Councilperson Glover seconding, PASSING on a vote of 8-0.
Vice President Gill made a motion to APPROVE the minutes from the Budget Workshop on September
29, 2014, with Councilperson Glover seconding, PASSING on a vote of 8-0.
Vice President Gill thanked on behalf of the Council, the City Clerk's Office for finishing all the minutes
after a week of budget workshops. President Julius also thanked Amy Deering and Heather Metcalf as
well.
APPROVAL OF THE AGENC.A_
Councilperson Glover made a motion to APPROVE the agenda, with Councilperson Owen seconding,
PASSING on a vote of 8-0.
CLAIMS TO BE APPROVE=
General Claims= Controller Amy Deering presented the general claims list in the amount of
$1,298,440.94. Councilperson Sellers requested pulling three grass cutting claims that lacked detail on
when and where the work took place from WeKan LLC, which is City Sewer Department employee Rick
Lovan's business, totaling over $6,000. Vice President Gill asked Mr. Merkley for more information
about the $100 claim under the Mayor's Promotion budget to St. Paul's Episcopal Church and Mr.
Merkley explained that it is isn't an ad, but a donation to help fund the event "On the River with Mark
Twain." President Julius explained that in the future a flyer should accompany the claim and invoice for
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clarification. Mr. Merkley stated that if there is a question about a claim, a phone call or an email should
be made rather than waiting to bring it up at a City Council meeting. Councilperson Samuel stated that
he has been asked to pull $250,000 out of LOIT Dept 006 Police for Debt Payment because there hasn't
been an agreement to pay for that and stated that it officially belongs to Redevelopment.
Mr. Merkley stepped forward and gave the Council a flyer to accompany the claim and invoice for the
St. Paul's Church event and asked to have the record show that he did provide it.
Councilperson Glover made a motion to APPROVE the amended general claims list in the amount of
$1,042,330.94 with Councilperson Owen seconding, PASSING on a vote of 8-0.
REPORT OF THE CLERK: None at this time.
A. UNFINISHED BUSINESS:
1. Scott Lewis — 2014 -OR -47 An Ordinance Authorizing Fees for Various City Parks Department
Events, Programs, Facilities and Merchandise: Councilperson Glover asked Mr. Lewis if this
ordinance was to authorize the fees, or do they have to come before the Council before they're
imposed and Mr. Lewis stated that the point of this is to authorize the Parks Department to
charge these fees — most of which have always been in existence, but there hasn't been an
"enabling ordinance" in place per State Board of Accounts. Councilperson Sellers made a motion
to PASS 2014 -OR -47 on the Second and Third Reading, with Vice President Gill seconding,
PASSING on a vote of 8-0.
2. Amy Deering — PUBLIC HEARING 2014 -OR -48: An Ordinance of Additional Appropriation:
PUBLIC HEARING — 2014 -OR -48: Council President Julius opened the Public Hearing at 7:15pm
and without further comment closed the hearing at 7:16pm.
Councilperson Samuel asked for clarification that this appropriation request was for the $40,286
for Police Department body cameras. Councilperson Samuel stated that Council typically uses
funds already available in their budget before appropriating additional money. Councilperson
Samuel requested Ms. Deering check the funds in Police Equipment LOIT and Police Vehicle and
if that money hasn't been appropriated for a new vehicle, spend these dollars down before
appropriating more money. Councilperson Glover made a motion to TABLE 2014 -OR -48, with
Councilperson Owen seconding, PASSING on a vote of 8-0.
3. Amy Deering — 2014 -OR -49 An Ordinance Transferring Certain Funds within the Same
Department: Ms. Deering stated that there have been no changes since the last meeting.
Councilperson Sellers made a motion to PASS 2014 -OR -49 on the Second and Third Reading,
with Councilperson Smith seconding, PASSING on a vote of 8-0.
B. NEW BUSINESS:
1. Les Merkley for Rob Waiz— 2014-R-19 A Resolution Approving Statement of Benefits for
Proposed Real Property and Personal Property Tax Abatement for Heartland Payment
Systems: Mr. Merkley stated that 2014-R-19 comes before Council with a favorable
recommendation from the Redevelopment Commission. Heartland Payment Systems is asking
for tax abatements to expand their business in Jeffersonville. Mr. Matt Hall from One Southern
Indiana and a representative from Heartland Payment Systems, Mr. Jeff Compton, spoke on
behalf of Heartland. Mr. Hall stated that they want to add 74 additional positions at the
Jeffersonville facility and invest $835,000 in building improvements with a 10 -year tax
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abatement and $7.5 million in personal property (equipment) with a 5 -year tax abatement. Mr.
Hall explained that he ran this project through an economic impact model and discovered that
in addition to the 74 primary positions that will be created, there will be 11 positions created in
the consumer market and 9 positions in the supplier market, bringing the total number of
positions to 94 and additional payroll of $7.1 million. Household spending supported by this
project would be $6.1 million. Councilperson Payne made a motion to APPROVE 2014-R-19,
with Councilperson Owen seconding, PASSING on a vote of 8-0.
2. Les Merkley — 2014 -OR -50 An Ordinance Changing the Zoning Map Designation of Certain
Tracts of Property Located at 835 Spring Street and 809 Spring Street and Fully Described in
Attached Exhibit A from C1 to DC: Mr. Merkley stated that this is coming before you by the
Planning Commission upon a favorable recommendation regarding rezoning the property where
the "Industrial Nightmare" building is located. Mr. Merkley turned the discussion over to
Attorney Alan Applegate who is representing the applicant — New Hope Services, Inc. Mr.
Applegate explained that the rezoning request for the Industrial Nightmare property, which will
be renamed the M. Fine building, is to develop a senior housing project offering some
commercial amenities for the residents of the property and the public at -large. New Hope is
currently under a verbal option to purchase the property under D.T. Ventures. Mr. Applegate
explained that the cost is estimated at this time to be $9 million for renovation, but believes the
cost will be in excess of that. Mr. Applegate explained that the DC district doesn't allow for
housing on the first floor so they sought a variance through BZA which they approved on
September 30th subject to Council's approval of the rezoning.
Mr. Jim Bosley, President and CEO of New Hope, addressed the Council stating that the market
is flooded with seniors needing quality affordable housing and stated that they currently have
68 seniors on a waiting list right now.
PUBLIC HEARING — 2014 -OR -50: Council President Julius opened the Public Hearing at 7:37pm.
Mr. Marty Chalfant spoke to the Council about his concerns with this project. Mr. Chalfant
explained that his concern isn't New Hope, but the Low Income Housing Tax Credit program
(LIHTC) they are using to help fund the project and the negative impact it will have on the
community. This program imposes deed restrictions on the property for 30 or 40 years requiring
owners to commit to occupancy and rent restrictions even if the property is sold. Mr. Chalfant
stated that this takes the zoning decisions out of the local community and gives it to a State
agency for up to 40 years. Mr. Chalfant stated that grant programs for low income housing also
have the same type of deed restrictions. Mr. Chalfant stated his other concern is property'taxes.
Indiana State statute allows Section 42 property taxes to be calculated based on the low income
rents of the projects. LIHTC properties pay significantly lower property taxes than other
nonsubsidized housing with similar rent and tenants.
Without further comment, President Julius closed the Public Hearing at 7:42pm.
Mr. Bosley stated that Mr. Chalfant was incorrect — it's not 30 to 40 years, but 15 years which is
called the "affordability period" and stated that there are several things that can be done to
change the designation of the property. Mr. Bosley explained that the current owner of the
building is paying $8,601 per year in property taxes and after speaking to the County Assessor,
they determined (using an income approach) that the property taxes on that building will be
between $17,000 and $20,000 a year — over twice what is being paid on the building now. Mr.
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Bosley stated that the properties that belong to New Hope are managed and well maintained.
Councilperson Sellers asked Mr. Bosley what happens to the properties after he leaves his
position at New Hope and Mr. Bosley introduced Ms. Jodie Kitch who would take over that
responsibility. Ms. Kitch stated that New Hope would never sell a property that wouldn't benefit
the City. President Julius stated to Council members that at $140 per sq. foot, no one can come
in and borrow that kind of cash flow, so you are going to have to agree to some subsidies to
develop it or leave it what it is today. Councilperson Samuel made a motion to APPROVE 2014 -
OR -50, with Councilperson Sellers seconding, PASSING on a vote of 8-0.
3. Nathan Samuel — Lori Harris, RN, MPA, CEO Family Health Centers of Southern Indiana:
Councilperson Samuel stated that he asked Ms. Harris to tonight's meeting so that she can
update Council members on the activities of the Family Health Centers of Southern Indiana. Ms.
Harris explained that the health center came into fruition 22 years ago as a means to take care
of patients who are uninsured and are low income in the community. Ms. Harris stated that
Federal funding is critical to the 1,200 nation-wide health centers and they are forecasting a
national 70% decrease in Federal funding. Ms. Harris stated that they serve approximately 4,000
patients of which 85% are uninsured and low income. Unlike private physician's offices, a flat
rate is charged regardless of whether the doctor spends fifteen minutes or one hour with a
patient. Ms. Harris explained that most health centers take 35-40% Medicaid patients, but they
do not because early on they spoke with all the local primary care physicians and told them that
they were not going to compete with them for the paying patients, but asked for them to help
with referrals. Ms. Harris stated that she recently obtained another $200,000 in Federal funding
in order to expand their services. They have dental, primary care, outreach, and navigation to
help people enroll in Medicaid or Affordable Health Care Plan. Ms. Harris stated that in three
years it will potentially be a "service area competition" and that concerns them when other
agencies also want to obtain this same Federal funding. Ms. Harris explained that she just
wanted to let the Council that know they exist in the community and invited Council members
to a tour of their facility.
4. Nathan Samuel — Marina Discussion: Councilperson Samuel stated that the initial marina was
tagged at $700,000, that figure was then changed to $2.2 million and when the bids came back
it was estimated at (approximately) $3.3 million and now the project is estimated at $3 million
for about half the project that it was intended to be initially. Councilperson Samuel stated that
it's not the Council's place to design this dock and riverfront, but it is the Council's place to be
fiscally responsible. Councilperson Samuel stated that it is his intention to come back to the next
meeting with a resolution that outlines parameters for the marina so that Council can know
what their fiscal responsibility is for the project. President Julius stated that building the docks
and dredging the shore totaled $1.3 million in the low bid of the first set of estimates and he is
having trouble coming up with how we're only cutting this down about $500,000. Councilperson
Glover warned Council members to be careful in limiting what the City is allowed to do on•the
project stating we need to do it right the first time. Councilperson Smith stated that he would
like to have a cap on the contingency costs spelled out in the resolution. Councilperson Payne
agreed and stated that it made him queasy that the cost increased by $2.3 million from the
original estimate of $700,000 and stated that it's unfortunate that the City isn't going to get
anything like they thought they would (ie. fewer boat slips, fishing pier). Councilperson Glover
stated that the rendering of the marina appears to have more asphalt for parking spaces than
docks and suggested Redevelopment look at possibly cutting back on the asphalt and build more
docks. Councilperson Smith stated that if the demand it there, they can always add docks. Vice
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President Gill stated to Councilperson Samuel that she appreciates all the emails keeping them
informed about the project.
5. Amy Deering — 2014 -OR -51 PUBLIC HEARING — Ordinance for Appropriations and Tax Rate:
Ms. Deering requested approval of the tax rate for 2015.
PUBLIC HEARING — 2014 -OR -51: Council President Julius opened the Public Hearing at 8:25pm
and without further comment closed the hearing at 8:26pm.
Councilperson Samuel stated that he has 3 areas of change. The first is in the Mayor's budget
moving $3,000 in the Advertising line item and moving $8,500 in the Promotion line item and
placing them in the Council's Promotion line item. The second is moving out of LOIT the
$250,000 for the Police Station with the intention of having further discussion. The third is under
EDIT where they had $600,000 under the Sidewalk line item, reducing that by $200,000.
Councilperson Samuel explained that the reduction in EDIT is due to needing extra money to
"pay down" the money owed for the Woehrle Athletic Complex so they won't have so much
debt. Councilperson Samuel made a motion to APPROVE 2014 -OR -51 with the changes on the
First Reading, with Vice President Gill seconding. Councilperson Owen stated that he isn't
comfortable making the changes Councilperson Samuel requested due to the fact that they
were in budget workshop for five days and made a lot of changes already and cutting our
sidewalk funding for another project should have been discussed in length. Councilperson Owen
explained that he didn't feel that this was the correct time and place to make half a million
dollars in changes to a budget that Council met and discussed for five days and stated he won't
support the changes. Councilperson Samuel explained that Councilperson Zastawny was unable
to attend the budget workshops and when he was made aware of what the Council did to the
EDIT dollars in the Sidewalk line item, he asked if this could be reconsidered. Councilperson
Samuel stated that he sent emails to all the Council and Administration informing them of what
he was proposing to do and no one questioned him on it and Councilperson Owen's concerns
were not made to him privately.
Aye
Councilperson Smith x
Councilperson Payne x
Councilperson Sellers x
Council Vice President Gill x
Council President Julius x
Councilperson Glover
Councilperson Owen
Councilperson Samuel x
Nay
x
x
After the roll call votes, the motion PASSES on the first reading by a vote of 6-2.
6. Amy Deering — 2014 -OR -52 An Ordinance of Additional Appropriation: Ms. Deering stated that
three items were requested. The first is Beautification to appropriate cash that they already
have in their funds $15,507), the second item is from Chief Hedrick for the CAD equipment for
the apparatus for 911 ($58,500), and the third was for a vehicle for the Safety Department
($40,000). Fire Chief Eric Hedrick stated that he received a bid today for the CAD equipment and
it was for $59,145 but if he needs to come down to the $58,500, he can eliminate some charger
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and extra batteries that are worked into the higher bid. Chief Hedrick stated that he could also
make up the difference with his LOIT money. Councilperson Samuel made a motion to APPROVE
2014 -OR -52 on the First and Second Reading, with Councilperson Payne seconding, PASSING on
a vote of 8-0.
7. Amy Deering — 2014 -OR -53 An Ordinance Transferring Certain Funds within the Same
Department: Ms. Deering stated that these transfers came from the Fire Department, Animal
Shelter, Police Department, and Planning and Zoning. Councilperson Owen made a motion to
APPROVE 2014 -OR -53 on First Reading, with Councilperson Sellers seconding, PASSING on a
vote of 8-0.
8. Les Merkley for Kim Calabro — 2014 -OR -54 An Ordinance Amending Ordinance 2014 -OR -45,
2014 -OR -19, 2014 -OR -12, 2014 -OR -1 Fixing the Salaries of Appointed Officers and Employees
for all the Departments of the City of Jeffersonville, Clark County, Indiana: Mr. Merkley stated
that this is identical to the Salary Ordinance that we are currently operating under for this year.
The Salary Ordinance needs to be adopted by Statute on November 1, 2014. Since November 1
is a Saturday, the actual date is November 3, 2014. Councilperson Samuel made the motion to
APPROVE 2014 -OR -54 on First Reading, with Councilperson Glover seconding, PASSING on a
vote of 8-0.
9. Les Merkley for Shane Corbin — Request for Extensions of Moratorium on Billboards, Digital
Billboards and Variable Message Signs: Mr. Merkley explained that the ordinance that was
passed on April 8, 2014, was a moratorium on billboards, digital billboards and LED signs and
stated that they are still in the process of updating that ordinance. Mr. Merkley requested an
extension of the moratorium for six months stating that it was due to expire in a week or two.
Councilperson Owen made a motion to APPROVE the extension on the moratorium, with
Councilperson Smith seconding, PASSING on a vote of 8-0.
CITY COUNCIL ATTORNEY REPORT: None at this time.
DEPARTMENT HEAD REPORTS:
1. Chief Eric Hedrick - Chief Hedrick stated that Vice President Gill made a request for him to
develop a staffing plan for the Steamboat Days Festival. Chief Hedrick stated that compared to
the Thunder event, this staffing plan is a skeleton crew in the way of an incident management
team. Chief Hedrick explained that the budget plan he gave them tonight is different from the
one he gave them previously. River patrol has been taken out of the budget for Friday (was 50
hours, now 30 hours). The budget for all three days is an estimate of $5,211 using the average
overtime pay. Yellow Ambulance will be on site the same times they are there. Preservation
Station will be used as a City command post from a trailer outside. The State Fire Marshall will
be there going through all the vending booths and there will be air support available in the
event that they need to get someone out quickly. Vice President Gill thanked Chief Hedrick for
providing this plan for the event.
PUBLIC COMMENT: None at this time.
COUNCIL COMMENTS:
Councilperson Smith: inquired about the steamboat that was to be moored on the Indiana side of the
river during the Steamboat Days Festival and Mr. Merkley explained Redevelopment and the steamboat
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people couldn't come to an agreement. Councilperson Smith stated that it was unfortunate and
President Julius agreed.
Councilperson Payne: None at this time.
Councilperson Smith stated that Safety Director Amir Mousavi inquired about insurance on the booths
at the Steamboat Days Festival and Mr. Merkley stated that it would be his advice to have the contracts
state that the City has a hold harmless clause on the contracts.
Councilperson Sellers: asked Mr. Lewis if he had checked into the Big Four Bridge rules regarding the
spray paint artist who claimed to be creating, but not selling, his art work on the Big Four ramp. Mr.
Lewis stated that he has checked and there isn't anything that states he can't do that so long as he
doesn't sell his artwork. After Council discussion, it was determined that something needs to be in place
to protect the ramp on the Indiana side from this kind of activity.
Councilperson Conlin asked if she should be given copies of the Steamboat Festival contracts and Mr.
Lewis stated that she definitely should. Ms. Conlin stated that she hasn't seen any of them to -date.
Vice President Gill: Thanked Jason Jackson and the FOP for the tickets to the first annual FOP Fundraiser
stating that it was well attended and a very nice event.
Vice President Gill stated that there is a new locksmith business that opened up in the new Butternut
building and wants to request again to start meetings or talks about the business licensing stating that it
would be nice to know what businesses are moving into Jeffersonville.
Councilperson Glover: None at this time.
Councilperson Owen: stated that he wants to thank the FOP for the fundraising dinner they hosted. It
was a wonderful event.
Councilperson Owen also stated that he wanted to thank Councilperson Samuel for sending out his
changes in an email, but he didn't get a chance to respond to him beforehand. Councilperson Owen
stated that he still stands behind his statement that five days to work on the budget and on the last day
we are working on a half million dollars in changes? He felt that if the request had been to cut $400,000
out of Sidewalks line item to pay for the Marina, there would have been a very different reaction on this
Council.
Councilperson Owen also stated that it didn't make any sense to him for the Council to cut Promotional
dollars out of the Mayor's budget so we can have oversight on the spending — Council already has
policies in place to dictate what those Promotional dollars can be spent on and then we also approve
the claims.
Councilperson Samuel: wished Councilperson Smith a happy birthday today!
President Julius: stated that they had their first insurance meeting with the Insurance Committee which
was a combination of Civil City employees, Fire and Police, and then they appointed two people that
they agreed on with the Administration and had two Council members there. It was a good 2 hour
meeting and in the end feels that in the long run they will be able to bring some recommendations to
save the City a little bit of money.
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ADJOURNMENT:
Councilperson Owen made a motion to ADJOURN at 9:OOpm, with Councilperson Smith seconding,
PASSING on a vote of 8-0.
APPROVED BY:
•
Dennius, President
ATSTED BY:�
Vicki Conlin, City Clerk
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