HomeMy WebLinkAboutOctober 20, 2014COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
October 20, 2014
The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, SOO
Quartermaster Court, Jeffersonville, Indiana at 7:OOpm, on Monday, October 20, 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, Councilperson Sellers, Council Vice President Gill, Councilperson Glover, Council President Julius,
Councilperson Samuel, and Councilperson Owen. All nine Council members are present.
MINUTES TO BE APPROVED:
Vice President Gill made a motion to APPROVE the minutes from the regular Council meeting on
October 6, 2014, with Councilperson Glover seconding, PASSING on a vote of 9-0.
APPROVAL OF THE ^GEN DA:
Vice President Gill states they need to permanently remove item 1 under Unfinished Business.
Councilperson Samuel stated that they needed to change item 2 under New Business_ Should have
Nathan Samuel next to it, not Les Merkley_ We then need to add a number 3 for Nathan Samuel
because there are two resolutions for that one topic_ This has been communicated to Mr. Merkley and
he is ok with this_ Councilperson Owen made a motion to APPROVE the agenda with changes, with Vice
President Gill seconding, PASSING on a vote of 9-0.
CLAIMS TO BE APPROVED:
General Claims: Controller Amy Deering presented the general claims list in the amount of
$1,767,124.91_ Councilperson Sellers stated that she spoke to Mr_ Lewis and he stated they needed to
remove the claims for mowing on the middle of page 18 for $6,110.00_ City Attorney Lewis states that
there is no contract that specifies the terms of services. This is standard State Board of Account rules.
There needs to be a contract that sets forth the details of the services. Needs to be spelled out because
it is a liability for the city. This needs to be done correctly. More specificity needed; not denying just
tabling_ Controller Deering states that the new total is 51,761,014.91. Councilperson Owen made a
motion to APPROVE the general claims list in the amount of $1,767,124.91 with Councilperson Glover
seconding, FAIL TO PASS on a vote of 2-7. Vice President Gill made a motion to APPROVE the amended
general claims list in the amount of $1,761,014.91 with Councilperson Sellers seconding, PASSING on a
vote of 7-2_
REPORT OF THE CLERK. This Friday at noon I am having an Infectious Control Specialist Nurse come in
and do training_ All council is invited, please let me know if you would like to attend.
A. UNFINISHED BUSINESS:
1. Amy Deering — PUBLIC HEARING 2014 -OR -48: An Ordinance of Additional Appropriation:
(Removed from the Agenda)
2. Amy Deering — 2014 -OR -51 An Ordinance for Appropriations and Tax Rate: Vice President Gill
states they need to add the $66,000.00 for janitorial services for the new police department
building. I've met with Anne and the Chief and looked over all the quotes and we feel this
amount is accurate. This is for one year. Depending on when they get in the building, might
have to appropriate money for November and December of this year. Councilperson Owen
asked if the excess money budgeted for utilities could be moved. Controller Deering stated
there was about $10,000.00 left that could be used. Councilperson Zastawny asked who did the
janitorial services for the fire department. Fire Chief Eric Hedrick stated it was RT Solutions.
Controller Deering stated that there would need to be a public hearing on this matter.
President Julius opens a PUBLIC HEARING at 7:14 p.m. There is no one to speak for or against,
public hearing closed at 7:14 p.m.
Vice President Gill made a motion to PASS 2014 -OR -51 on the Second and Third and Final
Reading, with Councilperson Sellers seconding. Councilperson Owens states that last time he
voted against the same thing for the same reason. They spent days going over the budget in
Finance Meetings and everyone was invited to, every department head, and we made more
than a half million dollars in changes without any discussion from anyone else. So I do not agree
with most of those cuts. Councilperson Zastawny states that he missed many of the workshops
due to work and travel. Did not get any responses from anyone but supports this budget with
these changes. PASSING on a vote of 6-3.
Council President Julius requests a Roll Call vote be made from the City Clerk:
Aye Nay
Councilperson Smith x
Councilperson Zastawny x
Councilperson Payne x
Councilperson Sellers x
Council Vice President Gill x
Council President Julius x
Councilperson Glover x
Councilperson Owen x
Councilperson Samuel x
After the roll call votes, the motion PASSES on the second, third and final reading by a vote of 6-
3.
3. Amy Deering — PUBLIC HEARING 2014 -OR -52: An Ordinance of Additional Appropriation:
Passed on first reading at the last meeting. We need to open for a public hearing tonight.
President Julius opens a PUBLIC HEARING at 7:17 p.m. There is no one to speak for or against,
public hearing closed at 7:17 p.m.
Councilperson Samuel made a motion to APPROVE 2014 -OR -52, with Councilperson Payne
seconding, PASSING on a vote of 9-0.
4. Amy Deering — 2014 -OR -53: An Ordinance Transferring Certain Funds within the Same
Department: Two additional items have been added since our last meeting. The first is Fund
410 the building non reverting fund, we had a request to move $2,000.00 from services line to a
supply line. Vehicle maintenance had a request to move $370.00 into their water/utility line.
Councilperson Owen made a motion to APPROVE the amended 2014 -OR -53 with changes on
the second and third reading, with Councilperson Smith seconding, PASSING on a vote of 9-0.
5. Kim Calabro — 2014 -OR -54: An Ordinance Fixing the Salaries of Appointed Officers and
Employees for All the Departments of the City of Jeffersonville, Clark County, Indiana: This is
just the 2015 Budget. It is the exact same as we have today with no changes. Councilperson
Sellers asked about the Engineer pay clarification. Vice President Gill stated that she thought we
needed to have a serious discussion about who is getting paid out of sewer. Councilperson
Sellers stated that the city engineer would be paid 60% from the general, 20% from drainage,
and 20% from sewer. Ms. Calabro stated that she would get the changes to the Clerk's Office
and to Controller Deering.
Councilperson Sellers made a motion to APPROVE 2014 -OR -54 on the second reading with
changes, with Vice President Gill seconding, PASSING on a vote of 9-0.
City Attorney Lewis stated this had to be voted on and done no later than November 3, 2014 per
statute. Ms. Calabro stated it would be amended and ready for that meeting to be voted on.
B. NEW BUSINESS:
1. Amy Deering — 2014 -OR -55- An Ordinance of Additional Appropriation: Top line is a request
from the Engineer's Department for a Bucket Truck and the second item was for over time for
the Fire Department for Steamboat Days.
Vice President Gill made a motion to PASS 2014 -OR -55 on the first and second reading, with
Councilperson Sellers seconding, PASSING on a vote of 9-0.
2. Nathan Samuel — 2014-R-19 (A): A Resolution Amending Resolution 2013-R-34 Regarding the
Amendment of the Falls Landing Redevelopment Plan and Clarifying Pledge: City Clerk Conlin
stated that the amended resolution was in their packets. Councilperson Samuel discussed the
changes made. There will have to be two resolutions because it is being funded out of two TIF
areas. The first one to be addressed is coming out of the Inner City Road Economic
Development area. This is the Riverfront Improvement Project, phase 1, also known as the
Marina Project. The total cost of said project shall not exceed the amount of $3,000,000.00 and
this will include a 5% construction contingency and shall include construction administration,
inspection, fees, and costs. It shall include the following minimum components: shoreline
protection, landscaping, green space, and a minimum of ten docks. We want dedicated space
for the city's police and fire boats.
Councilperson Samuel made a motion to APPROVE 2014 -OR -19(A), with Councilperson Owen
seconding, PASSING on a vote of 9-0.
3. Nathan Samuel — 2014-R-20: A Resolution Amending Resolution 2013-R-34 Regarding the
Amendment of the Falls Landing Redevelopment Plan and Clarifying Pledge: Following is the
exact same document addressing the Falls Landing TIF area. All the same expectations are there
as well.
Councilperson Samuel made a motion to APPROVE 2014-R-20 with the changes on the First
Reading, with Councilperson Glover seconding, PASSING on a vote of 9-0.
CITY COUNCIL ATTORNEY REPORT: None at this time.
DEPARTMENT HEAD REPORTS:
1. Chief Eric Hedrick - Chief Hedrick requested he was not sure if they needed to, but thought they
might need to move funding for tires from LOIT. They have deposited some funds from surplus
equipment to back in the general fund in the last couple weeks, one was $1,900.00 and the
other $2,200.00. Wanted to have it appropriated back for new truck tires. Councilperson
Samuel asked if they had the money in the budget. Controller Deering stated they could do a
transfer and that would be fine.
PUBLIC COMMENT:
1. Rick Lovan — as LLC President, thinks that council has a problem with him. Stated his integrity
was in force. Did not tell anyone that they had to hire him. Stated that many of the jobs done
were equal to other claims and many times under those estimates. He had not been contacted
that payment was going to be delayed or that they did not have proof of insurance. Stated
would provide to them whatever they needed. Has five groups of people working for him,
probably has $20,000.00 worth of equipment. Promised everything was done on the up and up.
Councilperson Sellers stated that she thought Shane would get with him and inform him of what
he needed to turn in. President Julius requested that he make sure everything is filed with the
city. Corporate Attorney Les Merkley stated that this was not done through the Mayor's Office.
Mr. Lovan stated that the Mayor did not know he had LLC until now. Councilperson Sellers
stated that she did not think this was a problem but under the state code and ordinance they
operate under it allows them to hire and such under that fund. Not sure where this needs to
come from. City Attorney Lewis stated that there are standard State Board of Account terms.
This all needs to be spelled out between any contract by the City and this company. Mr. Lovan
stated there was no contract so it has been done wrong for the past six years. City Attorney
Lewis said he was not the City Attorney then and was not aware. That is why it is being brought
up now.
COUNCIL COMMENTS:
Councilperson Smith: None at this time.
Councilperson Payne: None at this time.
Councilperson Sellers: None at this time.
Vice President Gill: Asked City Attorney Lewis when they were setting up a meeting with the FOP. City
Attorney Lewis stated he was waiting on Councilperson Zastawny to get back since he would be on the
new committee. Councilperson Samuel, Council President Julius, Councilperson Gill, and Councilperson
Zastawny will figure out a time after this meeting. Council President Julius stated that they had to get
this done.
Councilperson Glover: None at this time.
Councilperson Owen: Wanted to give major props to Shane, Paul, and Sara and all the committees that
put everything together for Steamboat Days. Thinks everyone had a great experience and they learned
lots of lessons. Lots of people were involved and they all deserve a big thank you. It was a good event.
Councilperson Samuel: Received a letter from a local Jeff Engineer. Contacted him and met with him.
He was concerned about the costs and solutions to the consent decree and interceptor pipes. He was
offering his services and help provide alternatives free of charge. Informed him that we appreciated
that and really it was being handled through sewer. We were looking at all the options and I just
wanted to bring it up and share this with you out of respect for him. Second thing is on the meeting
agenda, there was initially three requests for additional appropriations totaling $249,218.00. When we
do this we are spending money that isn't budgeted. We did remove one of these so it was only two. In
the last quarter of the year I will keep pointing out that we should be spending money out of the budget
first and do additional appropriations after the money has been spent. Third, for City Attorney Lewis, a
few meetings back a number of folks from the Greenway contacted us wanting us to do a resolution
basically stating they had control over the art and signage that goes along the Greenway in
Jeffersonville. Public Arts has an ordinance that states they are in control of that so I've asked Shane
and Scott to get together and determine what might work. I wanted to ask if it was in the works, we
need to keep it moving. City Attorney Lewis stated they are working on it and have proposed language
to get it ready to present. Asked the Clerk to put this on the agenda for next time and thanked her.
Councilperson Owen asked if this was the same engineer who offered services for the ramp. Council
President Julius stated it was.
President Julius: Last week the Mayor made a press conference regarding the interceptor line and right
after, it showed up on the Facebook page. He was criticizing the Sewer Board and City Council. I do not
think this what Facebook or social media for the city was intended to be used for. Does not think proper
protocol is in place to decide what goes on their Facebook page and we are funding it. However I do
think it is an insult especially when things were said that were unfounded and not true. I am going to
ask that in the near future, if something like this happens again and it is controversial, we go to the Clerk
and have it immediately pulled off. All of our social media outlets are not intended for this. If the
Mayor wants to do a press conference and put something out there that is his opinion and it is
controversial, it does not need to end up on our website or Facebook page. I do not think that is what it
was intended for and that is not why we are funding it. If anybody thinks differently than that, speak up
now. I think when one of us contacts another and says "can you believe what is on this page" we need
to have the ability to go to the Clerk and pull it off immediately. Councilperson Smith asked if the Clerk
could do this. Council President Julius stated she could call Promedia and have it taken down. Council
President Julius stated that we did not have protocol to determine what does and doesn't go on.
Councilperson Smith stated the only way to combat this is to get on there and start a tit for tat and he
doesn't want to do that. But they do need to put the truth out there. If someone swings, I'm swinging
back. We are the very end of the chain of events. Does not feel that a confrontation does anybody any
good and this is not what Facebook is for. This is not the place for it. Says we should get rid of it if can't
get a handle on it. City Attorney Lewis stated he needs to look at current contract with Promedia and do
some research. Council President Julius stated that if this continued he would be for pulling the funding.
It is childish and misinformation. It is terrible for the city. This is not the first time, it has happened
before and needs to stop. Councilperson Glover stated that before we go trying to decide what can and
can't be put up, what we find offensive he might not. Where is the dividing line? Either you fund it or
you don't. Any ordinance that make that says it must be factual, I can make anything factual.
Councilperson Sellers stated that it is supposed to be positive things going on in Jeffersonville. When
you see things like this, it doesn't make people want to live here. And I agree, we shouldn't go for tit for
tat. I won't go on there and say the Mayor is incorrect. Councilperson Glover states that what he is
saying is factual, even if they don't like. My point is facts come back on both sides of the story. If you
don't like it you can't just have it removed. Councilperson Payne posited that Facebook should be a map
to invited people to events and it shouldn't be for any elected official or politician to promote and idea
or opinion. Councilperson Glover stated that a problem with saying it has to be positive verbiage is that
the Mayor stated he wasn't going to raise sewer rates and that is as positive as can be. Council
President Julius stated that the problem here is you can carry that message any way you want, but it is
meant to be positive for the city and there was nothing in that that was positive for the city.
Councilperson Glover stated he isn't arguing that, but when you start to get into language you are
getting into a gray area. If I'm a tax payer, that was very positive. It may not be positive towards us that
he blames us for inaction, but it was very positive to hear. Vice President Gill stated that they too have
been stating they weren't going to increase the sewer rates. Councilperson Glover stated that he was
just saying you are getting into a gray area when you limit voice. Councilperson Sellers stated she got a
call from WDRB and Elizabeth and that wasn't the issue, the issue was that he said he was going to lower
the sewer rates. And my question to them was has he contacted the EPA that he is doing this? Because
this is a mandate and it is court ordered. And he cannot do that without their permission. And one of
the responses to me was "well you can propose anything" and I said yeah, but it may not be true. But at
the same time I thought Facebook was just supposed to be about events downtown whether it was
Christmas, the River Stage, or the Wine Walk, or those types of things. I did not think that it was getting
on there to attack each other. Councilperson Glover stated that he was not arguing with what she was
saying. I'm just thinking you are getting into a very, very gray area when you say if it is not positive we
are going to pull it. President Julius stated that we know what it is intended for, and if it cannot be used
like that then we need to cut the funding for it. It is a sad day in Jeffersonville when we can't use a tool
like that. Councilperson Smith stated on their personal pages they could do what they want but the city
page is not designed for that, and if they can't get a handle on it needs to go. President Julius stated we
need to get a handle on it, there has to be other city's out there that have this, and we need to get some
language on it to tighten it up. My point is, if we can't do it then we need to do something about it
because it is a terrible image for the city. Vice President Gill stated that her concern was not whether
you agree with it if it was positive or not, not the issue. Her main concern was that none of the
information he discussed was covered in the Sewer Board Meeting the day prior. He cannot reduce the
rate because we got it through an EPA mandate. So my concern to the public is when you are using
social media whether it is Facebook or a website, if I was the public I would be so confused. Because
what is happening in the Sewer Board meeting, what is part of the EPA mandate, what was part of both
of the workshops that we all attended with the Sewer Board, that stuff was not discussed. We did not
say we were going to raise rates. We said we are not going to raise rates. I don't know where all this
press conference stuff came from. We are obligated by EPA mandate. When you are putting this on
social media do you not think the EPA is going to come knock on our door with the Justice Department
and state that we signed a legal document with them saying this is what the sewer increases were going
to be, this is what needs to be paid to pay for these projects. You can't give any money back because
that went to several projects, the pump station down on 10th Street. We had an upgrade at the
downtown plant. We had an upgrade at the River Ridge plant. This money isn't just sitting here not
being used. We have to be very careful of what we are putting out there for that very reason. I for one
don't want to see the EPA or Justice Department come knock on our door because of something that
was put out there. And that is my opinion. Councilperson Sellers states that she agrees with her.
Councilperson States that the next meeting is the night before elections. I know we have several people
that might like to get out early. I want to keep it as short as possible for the next meeting. City Clerk
Conlin asked if they wanted to have the meeting at 6 p.m. President Julius stated that they would do it
at 6 p.m. on November 3. City Attorney Lewis stated he would advertise.
Erik Hedrick stated that their intentions for the docks are to have them closer to Duffy's. Councilperson
Samuel stated that he was under the impression that we were going to lease the docks. Mr. Henrich
stated that what they were going to would be property that they own, just west of Duffy's. The
intention is for it to be a park. It would be nice to have a spot for the public, but it would be nice for the
FOP or even police, I can't speak for them though.
ADJOURNMENT:
Councilperson Samuel made a motion to ADJOURN at 8:02pm, with Councilperson Owen seconding,
PASSING on a vote of 9-0.
ATTESTED BY:
Vicki Conlin, City Clerk
APPROVED BY.--;
Dennis Ju s, President