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HomeMy WebLinkAbout09-27-1993COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE~ INDIANA SEPTEMBER ~7~ 1993 The Common Council of the regular session in Council Chambers Jeffersonville, Indiana, at 9:30 P.M. 1993. with City of Jeffersonvil!e met in in the City-County Building, on the 2?th day of September, The meeting was called to order by Mayor Raymond J. Parker Clerk and Treasurer C. Richard Spencer Jr~ at the desk. Mayor Parker welcomed ail in attendance~ asking all stand as asked ali flag. Councilperson Steven Stemler gave the invocation. He those present to join him in the pledge of allegiance to The roll. was called Bill Wolpert, Andrew Williams Wilder~ those present to then the and those present were Councilpereons III, Donna M. Frantz, Peggy Knight Barbara Wilson, Robert L. Potter, and Steven R. Stemler. Absent: None. Mayor Parker presented the minutes of the meetings of August 17~ August 18, and September ?~ 1993 for consideration by the Council. Following a correction on the August 18~ 1993 minutes~ Council President Potter made the motion to approve the minutes as corrected, seconded by Councilperson Wolpert, and carried unanimously. Clerk and Treasurer Spencer presented the claim list with one additional claim for consideration by the Council. Following all discussion, Councilperson Williams made the motion to approve the claims with one addition as presented~ seconded by Council President Potter and carried unanimously. Ms. Betty Moore, Presdient, Downtown Merchants Association, e~couraged the Council to agree to a fair and equitable distribution of revenue from casino gaming. Once this agreement is reached it will encourage others to support the referendum vote. Council President Potter presented Resolution No. 93-R-85~ An Agreement Between The City Of Jeffersonville~ Clark County, Indiana And The Jeffersonvile-Clark County Building Authority Providing For The Exchange Of Allocated Space And Payment Obligations In The City-County Building And Providing For Payment Of Related Expenses By PAGE 2 SEPTEMBER 2?, 1993 Clark County~ Indiana Civil Government. All parties involved are content with the space agreement. Council President Potter made the motion to pass Reselution No. 93-R-25, seconded by Councilperson Frantz and carried unanimously. Ordinance No. 93-0R-56~ An Ordinance of Additional Ayes: Frantz, Wilder, Nays: Appropriation (Cumulative Capital Development) was introduced with the meeting being declared a public hearing. This is the second approval for this as there was a problem with the newepaper advertising on the previous Ordinance. Councilperson Frantz made the motion to suspend the rules for Ordinance No. 93-0R-56, seconded by Couneilperson Wolpert and carried unanimously. Councilperson Frantz then made the motion to pass Ordinance No. 93-0R-56 on all three readinge~ seconded by Councilperson Wolpert, passing on the following roll call vote: Councilpersons Stemler, Potter, Wolpert~ Williams, and Wilson. Ordinance No. 93-0R-57~ An Ordinance Transferring Certain Funds Within Same Department (Fire Department, Motor Vehicles Vehicle Maintenance~ and Common Council) was introducted and read aloud by Councilperson suspend the unanimously. Wilder. Councilperson Williams made the motion to rules, seconded by Councilperson Frantz and carried Councilperson Williams then made the motion to pass Ordinance No. 93-0R-57 on all three readings~ seconded by Councilperson Wolpert and~u~arried on the following roll call vote: Councilpersons Potter, Wolpert, Williams, Frantz, and Stemler. Ayes: Wilder, Wilson~ Nays: None. Mayor Parker various towns~ citiee, explained that he and and so forth have been representatives of working on several proposals to share in revenue derived from gaming. He then introduced Mr. Ed Cooper of the Clark County Council who reviewed a plan with the aid of detailed charts, to share in expected revenue by population percentage that has been agreed upon by the group of municipal officials and attorneys. He explained the anticipated revenue figures are from estimates provided by Department of Redevelopment Director Carroll Gowens. Mr. Cooper explained some of this revenue (5%) would PAGE 3 SEPTEMBER 87~ 1993 be designated for use in developing a county ambulance service. He encourages the Council to approve this p~an so that representatives may go out into the County and work toward getting the referendum passed. All of Clark County will be better off with this proposed plan. Mr. Cooper then introducted Attorney Mike Maschmeyer who stated this is a "win win situation", and explained the changes by section that have been made in the agreement. Attorney Maschmeyer complimented the Council for the time they have taken to throughly review what is going on saying the people of the community should be proud. Tonight is the night for action. Attorney Maschmeyer asked the Council to please approve the agreement tonight so that all may go to work on the referendum. Councilperson Wolpert would like to add a member of North Clark Hospital on the ambulance board. Councilperson Frantz aleo agrees with Councilperson Wolpert. She would like the agreement to read for the first boat only. Council President Potter made the motion to approve the intergovernmental agreement as presented. Councilperson Wilder called for a political caucus, seconded by Councilperson Frantz. When questioned Attorney Gillenwater explained he cannot tell the Council that a political caucus is proper with only one political party represented~ but he does not know that is is improper. No caucus was held. Council President Potter then amended his motion to include the amendments to agree on one boat only and to include an ambulance board member from North Clark Hospital in Charlestown, seconded by Councilperson Wolpert. Following further discussion the motion to approve the agreement passed on the following roll call vote: Ayes: Councilpersons Wolpert~ Williams~ Frantz~ Wilson~ and Potter. Nays: Councilperson Wilder. Stemler~ Councilperson Wilder introduced Resolution No. Resolution Designating Expenditures Of Anticiapted Riverboat Gaming~ reading the Resolution aloud. explained the taxpayers need assurance of where Councilperson Wilder then made the motion to 93-R-B6~ 93-R-26~ A Revenue From Councilperson Wilder the money will go. pass Resolution No. seconded by Councilperson Frantz. When questionted~ Attorney PAGE 4 SEPTEMBER 29, 1993 Gillenwater explained this Council cannot bind future Councils however this would notify the citizens that this is what this intends to do. Councilperson Wilder would citizens that this Council is not going Councilperson Williams feels future to this Council like to prove to the to initiate new programs. detail is important. Councilperson Wilder a good idea. Following all on the following roll call vote: Ayes: Councilpersons Williams~ Frantz, Stemler, Potter~ and Wolpert. Nays: None. Attorney Gillenwater as Secretary of has been encouraged to draft Resolution No. 93-R-27~ Prohibiting Private Contact Between Gaming Interests Council Members. Attorney Gillenwater explained the Attorney Gillenwater has not included the Mayor, himself~ members of the administration explaining there does need believes publishing how revenue is spent would be discussion Resolution No. 93-R-~6~ passed Wilder~ Wilson, the Ethics Commission, A Resolution And Common Resolution. or other to be a source of information. This would follow suite with the State Gaming Commission and make it easier for the voting Council. Councilperson Frantz then read a Resolution that would include the Mayor, members of the administration and employees. Councilperson Wilder feels these are especially important and is proud one came upon recommendation of the Ethics Commission. She encourages the passage of both unanimously. The opening of the R.F.P.s was questioned. Redevelopment Director Gowens explained the R.F.P.s will be distributed to at that time. Councilperson Wilder made the motion seconded by Council President Potter. have operator spelled out as to who Hughes asked what level of evidence would be used. Council President Potter explained there is only one decision left that the Council will make and that is to pick a gamer to endorse. Councilperson Frantz wants to make sure presentation to employees is done on personal time. Mr. Morton has been asked to be the treasurer for a committee to get the Council as a group. They will become public record Financial information will be kept private where legal. to pass Resolution No. 93-R-87~ Mr. Grant Morten would like to this would include. Mr. Corky PAGE 5 SEPTEMBER 2?, 1993 PotteP suggests changing the referendum passed and he may, in the future, wish to become an investor. His question is what is an applicant9 Attorney Filer stated his client has no problem with the proposed document. The right is reserved to contact Redevelopment Director Gowens. Attorney Filer intends to put in writing any personal casual contact made. Council President State Gaming Commission, and to get things a couple of days to the next meeting. rescinded his second on the motion. to add a definition to operator. "operators" know who they are. leaving the definition of operator A question was raised and it was Attorney Gillenwater's opinion if a person holds an option on property with a prospective gamer, person should not contact a Councilperson. Mr. Morton feels this the wording to match the in order as there are only Council President Potter Councilperson Wilder would like Attorney Gillenwater feels the Councilperson Wilder agrees with ambiguous and to document contact. that that is a withdrew her motion. amend Resolution No. Councilperson Williams of worms". Following further comments, Councilperson Wilder Councilperson Wilder then made the motion to 93-R-27~ seconded by Councilperson Frantz. is in support of the intent however there is the same concerns as as there is confusion. Councilperson Frantz confusion. Councilperson Stemler has Councilperson Williams withdrew her second and Councilperson Wilder withdrew her motion. Councilperson Wilder called attention to the Police Vehicle report distributed at an earlier workshop and suggested the Council commit $96~000 for three years to allow Police Chief Elliott to purchase what he can with that. Clerk and Treasurer Spencer suggested this action be postponed as no action can be taken until i994. Street Commissioner Trembly feels it will take until i994 to get the cars. Clerk and Treasurer Spencer explained the tax hearing will be October 21~ 1993, and the budgets will not be final until January. He did explain he is an advocate of safe vehicles. There may be more money available from gaming and more may be done in !994 toward a total package. Chief Elliot requests that he be allowed to work on proposals. Councilperson Wilder would like a committment from the Council for a three-year lease program. Councilperson Williams does not want to commit another Council as was done with the Main Street PAGE 6 SEPTEMBER 87, 1993 Director. It is his understanding the intent is to have Cheif Elliott purchase as many vehicles as he can for $96,0©0. Councilperson Wilder was asked to bring this in Resolution or Ordinance form to the next meeting. Councilperson Frantz has worked on a take-home car policy for -Four months working with the Police Chief and Assistant Chief~ the Mayor~ Fire Chief and Assistant Fire Chiefs Vehicle Maintenance Director and others. She appreciates the help she has received. She then read the policy. Mayor Parker realizes Councilperson Frantz has put a lot of time into this. There is an existing policy. He does want the Council to keep an open mind on what he is about to say. He asks the Council keep in mind what body regulates what. There are certain calls that are legislative and certain calls that are fiscal. The Mayor then quoted from the state statute that clearly states what the Mayor's job is. He has contacted the legal section of Indiana Association of Cities and Towns and found that to their knowledge there is no existing Ordinance which is a law in the State of Indiana~ all have policies and regulations. If this passes and there is a violation, there is a right to go to court. Mayor Parker explained examples of incidents where immediate response is necessary. He suggests taking a combination of the current policy and this policy and make another policy. He agrees there should not be abuse. Councilperson Frantz asked Mayor Parker if he is saying that he will not enforce this if it passes? Mayor Parker answered no~ explaining that for the saving of a few dollars the services to the taxpayers will be less. He can "ride herd' on the employees. It is by law an administrative call. Council President Potter has checked this out in Indianapolis and found the Council can pass such an Ordinance, however it cannot force the Mayor to enforce it. Councilperson Frantz does not feel the current policy is strong enough. Attorney Gillenwater has met with stated this but it would call. His enforce it. asked why is the Mayor's call. The Council can pass an Ordinance not be law as the State says this is an administrative recommendation to the Mayor is that he would not have to Councilperson Frantz saying there have been many drafts~ the meetings continued as the Mayor at one time stated he PAGE ? SEPTEMBER 27~ 1993 supported the Ordinance. She did receive a call from the Mayor last week informing her he did not support it any longer. Assistant Fire Chief James explained he was in a meeting and heard Mayor Parker say he was against the Ordinance. Mayor Parker explained he had said he was against the Ordinance in totality. Assistant Chief James feels the Mayor has taken care of all complaints that have been brought to his attention. He further stated he feels the Mayor has tried to work with Councilperson Frantz. Councilperson Frantz explained she is not willing to make all the compromises. Mayor Parker knows of no time that a complaint has come to him that it has not been addressed and action taken. He does believe the community will suffer if Councilperson Frantz's Ordinance passes. Police Chief Elliot explained the City has two policies and this proposed Ordinance. Ail of these have good points. There are some conflicts. The dismissal of an employee is in conflict with Indiana code. Councilperson Frantz will amend this section. Chief Elliott has a problem with ?.2 also. Arson Inspector Clark Miles has areas of concern. One is that ali Fire Department personnel are safety officers and are on 24 hour call. He feels the Fire Department should not be different from the Police Department in this manner. Inspector Miles has a problem with the area dealing with the transportation of others for some and not others. Fire Chief Dooley explained that O.S.H.A. has mandated safety officers. Inspector Miles feels Councilperson he has a problem with the exceptions. A luxury. The City is saving money~ and serving like all Frantz has good intent~ take-home car is not a the citizens. He would involved to work together on this. Fire Chief Dooley has one and one half pages of things he has talked with several oppossed to this Ordinance. affect on the Fire Department. unless on vacation and out of to correct on the proposed Ordinance and of the Councilpersons on these. He is He does feel it will have a negative Inspectors are on call 24 hours a day town. When they are on call they must drive the City They should not feels the City Superintendent Caldwell be expected to sit home when will be the big loser with served on the Council vehicle and have their gear and equipment in the car. on call. He personally this Ordinance. Park when the 24-hour policy PAGE 8 SEPTEMBER B?~ 1993 was implemented. This was a big decision. He does feel it is up to the Department Head to see that policies and procedures are carried out. He commends Councilperson Frantz for wanting to tighten up the purse strings. He has personally heard of three abuses and he is sure these were taken care of. There is no need for another law as the administration confidence in been addressed. must be given the Department Superintendent Caldwell believes this the opportunity to support and have Heads. Arson Inspector Randy Leverett feels an Ordinance like this is breaking State Law. He asks if Councilperson Frantz has gone to the Mayor with complaints? This is what Inspector Leverett would like to see~ each Councilperson going to the Mayor with complaints that they receive~ Ms. Nolan stated she is against take-home cars, stating incidents of what she feels are abuses. When she asks for things to be done in her territory she has been told the City is broke. To the complaint that the Fire Trucks are at the grocery~ Chief Dooley explained that due to the trucks having diesel engines, they must be run every day or it will cost more to the taxpayer for mechanical repairs. Acting Utility Superintendent Larry James feels that the Mayor has taken care of problems. Mayor Parker agrees that the problems that have been brought to his attention have been taken care of. He would like all to keep an open mind and take both the policy and the Ordinance and work on a stronger policy. This is, by law~ an administrative call. Mayor Parker believes the Ordinance is contrary to law and would stop the efficiency of the City. Councilperson Stemler has supported the concept from the beginning~ however there have been legitimate questions raised. Councilperson Frantz has talked with three attorneys about this Ordinance and was informed she was within her rights to restrict the use of any City property. Councilperson Wolpert appreciates Councilperson Frantz's hard work but does not feel it is the call of the council. Councilperson Frantz made the motion to pass Ordinance No. 93-0R-58, City Of Jeffersonville Take Home Vehicle Policy on the first and second reading stating she will work on the Ordinance: seconded by Councilperson Wilder who stated Councilperson Frantz has put a lot of work in it. She does feel there are a few problems and feels any on 24 hour duty should be allowed to PAGE 9 SEPTEMBER 89, 1993 use their vehicle at Dooley would input on the has a take answered no. their own all times for the safety of the community. Chief like to know if he, Chief Elliott and others could have changes· Firefighter Carter asks if there is anyone that home car that is not on B4 hour call? Mayor Parker Councilperson Frantz explained some departments have policies. Superintendent James offered to show Councilperson Frantz Mayor Parker again violation of the the record of call outs for the sewer department. stated this is an administrative call and in law according to the attorney's from I.A.C.T. Superintendent Caldwell feels the Council Board of Public Works are not doing the ~ob~ with this· Ordinance No. 9B-OR-58 passed on reading on the following roll call vote: Ayes: Councilpersons Frantz~ Wilder, Williams. is saying that the Mayor and and he does not agree the first and second Wilson, Stemler~ and No · Nays: Councilpersons Potter and Wolpert. Councilperson Williams introduced and read aloud Resolution 93-R-S8, A Resolution To Reaffirm The Commitment To Affirmative Action And Economic Parity For Minorities In The City Of Jeffersonville. He then introduced Mr. David K. Boyer and Reverend Larry Eugene Vaughn. Mr. Boyer~ President of the local N.A.A.C.P. read a statement in support of this Resolution from H. C. Duncan, Chairman of the Southern Indiana Minority Enterprise Council. Mr. Boyer gave his personal support to the Resolution explaining this is the right thing to do. Reverend Vaughn presented a position statement supported by the Southern Christian Leadership Conference along with a petition signed by 385 people. Reverend Vaughn in a statement urged passage of this Resoluion. Councilperson Williams thanked Mr. Boyer and Reverend Vaughn for their comments as there is a need for these comments to be heard and for all to be mindfull of. Councilperson Williams then made the motion to pass Resolution No. 93-R-28, seconded by Councilperson Frantz and carried unanimously. Mayor Parker thanked Reverend Vaughn and Mr'. Boyer for their PAGE 10 SEPTEMBER 27~ I993 Clerk and Treasurer Spencer explained the Ordinances have not been updated since 1989 and need to be recodified. The total cost is approximately $6,800 of which there is $5,000 in place in the budget. The additional cost could be transferred within the budget. Councilperson Williams feels this is important and suggests Clerk and Treasurer Spencer go ahead with the recodification. All agreed. Mayor Parker thanked all in attendance for their indulgence with the length of the meeting. He does believe all sitting here have Jeffersonville first in mind. He then introduced Police Officer Tony Grant announcing he is not only a good officer but recently took first place in the Police and Fire Drug-Free Power Lifting Competition breaking national records by bench pressing 549 pounds~ dead-lifting ?05 pounds, and squat lifting ?11 pounds. Officer Tony Grant can now be called the strongest police officer and firefighter in the United States. program. Nation. Mayor Parker is especially proud as this is in the drug-free Officer Grant is an example for every kid in the State and Officer Grant thanked the F.O.P. and the Police Department. He is proud to represent them Council President Potter he is exremety proud of him. Councilperson Williams, Vaughn's earlier challenge, urges congratulated Officer Grant saying calling attention to Reverend all of us to be mindful of the monitoring and work toward affirmative action. Councilperson Wilder called attention to a Habitat Humanity meeting October 1, 1993 at ?:00 o'ciock at the Y. Councilperson Stemier appreciates the Mayor's comments. feels it is important to hear comments as the Council is not different, but pretty much all the same. He appreciates all stayed late tonight. There being no further public before the Councils Council President Potter o'clock P.M. seconded by Councilperson Stemler ATTES,,T~ ,~ ~_ CLERK AND TREASURE~ C. R~ARb SPEN~ER JR. For He that who comment or business to come moved to adjourn at 10:45 and unanimously FOUNDER DR, MARTIN LUTHER KING JR. This notice is written with great concern regarding the Riverboat Gambling Proposal that will affect our community. This issue must be addressed immediately!!! Please join us at 7:00 PM on Monday, September 27, 1993 at the Jeffersonville City Council Building to show your support for Equal Employment Opportunity. 8CLC Southern Christian Leadership Conference Southern Indiana, Chapter THE RESOLUTION Whereas the members of the African American Community who have affixed their signatures to this position statement have resolved to remind this Common Council of the City of Jeffersonville to recognize that its Affirmative Action Agenda is unfinished. Therefore, be it resolved by an affirmative demonstration of "Good Will" from this Common Council to oromote the removal of all barriers of racial in_Justices and economical inea_uality in the marketplace and from the workplace of city_ government. We believe these affirmative goals can be attained through the implementation of four (4) proposals. 1. ~ of an updated Affirmative Action Plan for the employment and recruitment of minority groups. 2. The Enforcement of an equitable Human Rights Agenda with respect to equal opportunity employment and nondiscriminatory provision of economic participation for women and African Americans. 3. ~ment of a Revenue Plan for Profit Sharing which is proportional to the population of the African American Community whereby an equal percentage of economical investments will be mandated for the African American Community! 4. The Embodiment of a governmental agency which will monitor the compliance of any local municipal entity who receives revenue from the Riverboat Development Project whereby accountability can be maintained for the affirmative goals of this Common Council! Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality NAME 16. 17. 18. 19. 20, 21. 23. 24. Southern Christian Leadership Conference Southern Indiana Chapter SCLC 2. 3. 4. 5. 6. 7. 8. 9. 10. '11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Petition for Equal Employment and Equality ADDRESS. Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 14. i5. 16. 17. 18. 19. 20. 21. 22 23. 24 25. Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality ~..AME~ 10. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Southern Christian Leadership Conference Southern Indiana Chapter SCLC NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Petition for Equal Employment and Equality ADDRESS ? Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality 6. 7. 8. 9. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. NAME 1. 2. 3. 4. 5. 6. ?. g. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality ADDRESS Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality o 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.' 23. 24. 25. Southern Christian Leadership Conference Southern Indiana Chapter SCLC 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 15. 16. 17. 18. 20. 21. 22. 23. 24. 25. Petition for Equal Employment and Equality NAMI 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality I Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality NAME 1. 2. 3. 4. 6. 7. 8. 9. 10. 20. 21. 22. 23. 24. 25. Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality 4. 5. d. ?. 8. 10. 12. 1.4. 1.5. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. ADDRESS ¸14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality NAME.. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Southern Christian Leadership Conference Southern Indiana Chapter SCLC Petition for Equal Employment and Equality 5. 6. 7. 8. 9. 10. 11o 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. ~DDRESS /, /~