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HomeMy WebLinkAbout12-16-1993COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA DECEMBER 16, 1993 The regular session Jeffersonville, 1993. Common Council of the City of Jeffersonville met in in the Circuit Court Room in the City-County Buiiding, Indiana, at ?:30 P.M. on the 16th day of December, The meeting was called to order by Mayor Jr., with Clerk and Treasurer C. Richard Spencer Mayor Parker welcomed ail in attendance, asking all Raymond J. Parker Jr, at the desk. those present to stand as he gave the invocation. He then asked join him in the pledge of allegiance to the flag. The roll was called and those present Bill Wolpert, Andrew Williams III, Donna M. Frantz, Wilder, Barbara Wilson~ Robert L. Potter, and Steven R. ali those present to were Councilpersons Peggy Knight Stemler. November Absent: None. Mayer Parker presented the minutes of the meetings of 1 and November 15, 1993 for consideration by the Council. Council President Potter made the motion to approve the minutes as presented, seconded by Councilperson Wolpert, and carried unanimously. Clerk and Treasurer Spencer presented the claim list with two additional claims for consideration by the Council, explaining one claim for $20,388.64 is to the City of Jeffersonville Housing Authority for payment of expenses related to the R.F.P.'s for Riverboat Gaming. Council President Potter explained he had written to the gamers requesting reimbursement, which have agreed to. Clerk and Treasurer Spencer consider paying Animal Shelter claims amounting Council budget as the Animal Shelter budget Councilperson Williams explained he had talked with Director Wheatley and he feels the Bell South Mobility and Hoiister claims should be, paid this month, and the others should be held until January. All agreed to this. Councilperson Wilder received clarification regarding pension claims. Councilperson Williams explained the claim in his name should be to the Ramada Inn. Councilperson Williams asked for an explanation of a claim for $5,000 in the Fire Department. Fire Chief all three applicants asked the Council to to $1,317.00 from the has been depleted. PAGE 2 DECEMBER 16~ 1993 Dooley explained this is following the completion car. Chief Dootey has money left over of repairs, that discussed this from an insurance payment is for a down payment on a with Councilperson Wilder. Councilperson Williams is concerned there had been a concensus at budget time to downsize the car and he feels the budget session decision has been circumvented and he is concerned about the direction given to Chief Dooley. Chief Dooley expenses involved in equiping a smaller in the long run and not be as efficient. explained the problems and car, saying it will cost more Chief Dooley has ordered the following discussion Wilder felt the Council had discussed under the understanding the Council apoligizes for any misunderstanding. with Councilperson Wilder. Councilperson this at the last meeting and was was in favor of this and she Council President Potter agrees the Council had told Chief Dooley at budget time to get a smaller car, however following the discussions and the opportunity with the money he does not have a problem with it. He feels the Department Heads do know better their needs. Councilperson Wilson feels the Council has to stick together with decisions made at budget time. Chief Dooley said the car was orderd December 15, 1993 at the cost of $13,379.00 which includes the necessary electrical system. The only other expense would be the paint and decals. The lights, etc. can be transferred by the Vehicle Maintenance Department. Vehicle Maintenance Director Mike Ewton emphasized the need for a larger car. It was also explained this car is from the State Police bid and would be the same as the police cars so that money can be saved by stocking the same parts. Councilperson Wolpert feels there has been a breakdown of communication. He does feel the need for a larger car is there. Councilperson Williams asked the claims be voted on without the $5,000 and a separate vote be taken. Council President Potter made the motion to approve the claims as presented~ with the two additional, excluding the $5,000, and the Animal Shelter claims in the Council budget except for the Bell Shouth and Holister claims, seconded by Councilperson Stemler. Councilperson Wilder questioned Attorney Gillenwater regarding claims from his department. Following discussion~ the Council voted unanimously to approve the claims as stated in the motion. Council President Potter then made the motion PAGE 3 DECEMBER 16, 1993 to pay the $5,000 claim for a down payment on a car, seconded by Councilperson Wolpert, failing on the following roll call vote: Ayes: Councilpersons Potter, Wolpert, and Wilder. Nays: Councilpersons Stemler, Williams, Wilson, and Frantz. Mayor Parker nominated Mr. David J. Boome to the Historic Board of Review. Mayor Parker reviewed the resume' that had been submitted to the Council. Councilperson Williams made the motion to accept the nomination of Mr. David J. Boome to the Historic Board of Review, seconded by CouncilPerson Wolpert and carried unanimously. Department of Redevelopment Director Carroll Gowens presented an update on the DeMars Haka project. Of the 178 units at the Harbours, 90 are under lease and,it is hoped to be at 95~ by July 1994. A permit for a floating restaurant was received in July 1993. It is hoped to have one restaurant on the commercial space in 1994. are taking place. The project is Councilperson Stemler asked how open in 1994. It is hoped to start Phase three <piggy back) meetings running behind but is moving ahead. this is affecting the financing structure. Director Gowens explained this is a complicated situation, and he suggests a meeting with the bond advisors~ Redevelopment Commission, and attorneys. The first payment is due January 1, 1998. The sum of the first three years payments is one million dollars. The City is suppossed to have a letter of credit from a Finnish bank in the amount of one millions dollars to be used for any shortfall in bond payments. Until the year 2000 the City is probably not in bad shape however it is important to keep an eye on. Director Gowns will set up a meeting. Councilperson Frantz would like the owners included in the meeting. The dates of completion were reviewed. The main reason for being behind is due to the Corps permit. Director Gowens explained there is a one million dollar corporate guarantee. If worse comes to worse the bond is backed by the City. The owners are not disappointed with sales and the basic plan has remained the same. The Court Avenue extension would developer is definetly in for the call with any questions. help. Director Gowens feels the long haul, and urges the Council to PAGE 4 DECEMBER 16, 1993 Engineer Jorge Lanz presented the Council with a copy of the tracking sheet for the Corps of Engineers permit application from 1-65 to Jeff Boat. The application public notice was issued timely. is a companion permit that is was submitted April 19, 1993. The A meeting took place in July. There holding things up. The historical impact is being reviewed. ~he current target date is March 4, 1994. Councilperson Wilson introduced Ordinance No. 93-0R-64, An Ordinance Amending Certain Portions of Section I Of Ordinance No. 93-0R-48. Councilperson Wilson reviewed a letter of explanation from Judge Lindsey which had been submitted to the Council regarding the request. Councilperson Wilson made the motion to suspend the rules for Ordinance No. 93-0R-64, s>s-~eeconded by Council President Potter, passing unanimously. Councilperson Wilson then made the motion to pass Ordinance No. 93-0R-64 on all three readings, seconded by Council President Potter, passing on the following roil call vote: Ayes: Councilpersons Stemler, Potter, Wolpert, Williams, Wilson, Frantz and Wilder. None. and Treasurer 93-R-33, An Nays: Clerk Resolution No. Treasurer Spencer explained Government to step back and decisions as best as possible. If Indiana Association of Cities and cites and President explaining many Cities as possible to pass Councilperson Williams and passed Clerk and Treasurer Ordinance No. 93-0R-65, An Ordinance Transferring Within Same Budget. suspend the rules Councilperson Wolpert Potter then made the motion three readings, seconded by Spencer presented and explained Unfunded Mandate Resolution. Clerk and the object is to ask the Federal allow the local governments to make approved this will be passed on to Towns along with those from other presented at a workshop in Washington D.C. Council Potter made the motion to pass Resolution No. 93-R-33, he had talked with I.A.C.T. and found they would like as this. The motion was seconded by unanimously. Spencer presented and explained Certain Funds Council President Potter made the motion to for Ordinance No. 93-0R-65, seconded by and carried unanimously. Council President to pass Ordinance No. 93-0R-65 on ail Councilperson Wolpert, passing on the following roll call vote: PAGE 0 DECEMBER 16, 1993 Ayes: Frantz, Wilder, Nays: Councilpersons and Wilson. None. Stemler, Potter, Wolpert, Williams, Attorney Gillenwater explained the legal description necessary for the deed correction is not yet available. He will have this for the next meeting. Council President Potter introduced Ordinance No. 93-0R-66, An Ordinance Establishing Retirees Health Insurance Benefits For City Employees. Attorney Gillenwater explained the changes from draft 3 to draft 4. Council President Potter explained the primary purpose of this Ordinance is to encourage those that have 20 years and more to retire. The reason for the word may~ instead of shall~ be payroll deducted was explained. Councilperson Wilder questioned the payment of $800 as related to single and family plan. Council President Potter is oppossed to using a percentage as the rates go up from year to year and it would be hard to plan the expense. Councilperson Stemler was under the understanding elected officials would not be included. Attorney Gillenwater explained that an employee with 20 years service is considered an employee whether elected or appointed. Clerk and Treasurer Spencer warned the Council there have been problems in the past with employees when discriminating benefits for single employees. He sees the intent but asks the Council to consider the single employee already feels they receive less benefits than the family employee. Firefighter Union President John Palmer reminded the Council this Ordinance has been discussed for about six months and the benefi~ has been $200 whether single or married. He feels a 20 year employee deserves the $200. He would hope the Council would pass this on all three readings tonight. Following all discussion Council President Potter made the motion to pass Ordinance No. 93-0R-66 on the first two readings, changing the benefit to read $200 for the family policy and $?5 for Wolpert passing call vote: Ayes: on the first and the single policy, seconded by Councilperson second reading on the following roll Councilpersons Wilder Frantz, and Wilson. Nays: None. Stemler, Potter, Wolpert, Williams PAGE 6 DECEMBER 16, 1993 Councilperson Frantz made the motion to override the Mayor's veto of Ordinance No. 93-0R-58, Take Home Vehicle Policy, seconded by Councilperson Williams, passing on the following roll call vote: Councilpersons Stemler, Williams, Wilson, Frantz, and Ayes: Wilder. Nays: Mayor Councilpersons Potter and Wolpert. Parker explained over the months of discussion regarding the take home vehicle policy with the opinion of I.A.C.T. and the City Attorney he does believe this should be the call of the Mayor. Mayor Parker does have broad shoulders and he will abide by this Ordinance. He does ask those Councilpersons that voted to override the veto if they will take into consideration the Attorney General's opinion and rescind the Ordinance if the opinion is that it is the call of the Mayor. Councilperson Frantz feels the Attorney General does not want to get involved in this matter. She is willing to take this matter to a Judge. She Gillenwater's qualifications, it is Councilperson Frantz stated she would be Ordinance if a Judge says it is not does not question Attorney a matter of opinion. the first one to rescind the the call of the Council. Councilperson Stemler however he would not will abide by court and not said if told by higher powers he would abide, rescind on the Attorney General's opinion. He the law of the land. Councilperson Williams will go to abide by the Attorney General's opinion. Councilperson Wilson agrees with Councilperson Williams. Councilperson Wilder explained the Attorney General's opinion would only be used as a ruling in Court and does not feel the City will get a formal opinion. She would not look at an opinion to make up her mind, she would go to Court. There are conflicting statutes. Mayor Parker has been told by Mr. Bill Frantz questioned how Mr. explained he had called troubleshooter. Councilperson Wilder Proposal Ordinance. Shrewsberry an opinion would be forthcoming. Shrewsberry got involved. him as his position is Councilperson Mayor Parker that of a introduced and read aloud a Drainage It is hoped the priority basis would be the most PAGE ? DECEMBER 16, 1993 severe within each district with no consideration for the tax base. Council President Potter suggests the Board of Public Works make the decision. Councilperson Wilder would have no problem with this. Attorney Gillenwater explained the Council can appropriation the money and require money be spent priority call would come Councilperson Williams feels Works and asks a formal policy be considered by through the Wastewater Treatment Plant. Clerk explained with his experience with the State feels exception would be taken to this, be improper to pay drainage repairs Williams asked if the State Board of in each district, however the highest from the Board of Public Works. this is the area of the Board of Public the Board and funded and Treasurer Spencer Board of Accounts he explaining examples. It would from the WWTP. Councilperson Accounts could be asked about this. Clerk and Treasurer Spencer explained it is his experience they would not want to give an opinion. Councilperson Williams suggests this would be more proper through the Board of Public Works. Attorney Gillenwater agreed the State Board of Accounts would ask the Council to get their own legal opinion and tell you whether they like it or not in an audit. Routinely the Board of Public Works does do some drainage work through the WWTP. Some of this is acceptable as the sewer system is a combination system. If a formal procedure is in place it is more likely to be audited. Mayor Parker is willing to work with the Council in designated areas, however he is hesitant to take the funding from the WWTP. Mr. Charlie White is in favor of this, asking the rules be suspended and passed on ali three readings tonight stating there are major problems in the Meadows. Mayor Parker agrees there are major drainage problems in the City. Another citizen explained he spends a lot of time keeping the ditch cleaned behind his house. He is afraid of damage to his home. Mr. Roy White explained he lives on Agusta Drive alongside the drainage ditch that comes from Elk Point 1 and 2 and soon to be 3. There is a need to have something done before the situation becomes disasterous. Councilperson Wilder explained the Golf Course has been requested to allow the ditch on Agusta Drive to be widened 10 to 15 feet. With the completion of Elk Pointe III (65 new homes) there will be no place for the water to go and in two years the situation will be unbearable. The Plan PAGE 8 DECEMBER 16, 1993 Commission is trying to set up a meeting with the Golf Course Trustrees. Clerk and Treasurer Spencer asked if the builder could be requested to provide a pond, or consider asking a judge to stop the development. Councilperson Wilder explained the builders were not required to put in' a pond when they received the preliminary plat agreement, therefore the City cannot force them to put in retention basins now. Council President Potter explained there is a need for an Ordinance in place requiring plans for the entire development before the first home is built. Councilperson Wilson explained there are severe problems in Rolling Fields and Gardenside. There are many children in Gardenside and she fears for their safety. City Engineer Miller explained there is a need to get started and the sewer department does not have the equipment to clean all these ditches. Following all discussion Councilperson Wilder made the motion to Resolution No. 93-R-34, Appropriation, seconded unanimously. Mayor Parker Year and invites the December 21, from noon A Resolution To Advertise For by Councilperson Frantz pass An Additional and carried Firefighter Jimmy Carter, with regard to the take home car policy, asked the Council to remember a previous Council passed an Ordinance to become the purchasing agency for the City, which was taken to Court and the Council lost. The cost of this 'to the taxpayer was several thousand dollars. The Mayor does have a lot of rights. Firefighter Carter reminded the Council that at the last meeting the council approved a $5,000 transfer in the Fire Department budget. Councilperson Williams was told this was for equipment. Chief Dooley explained he does not have a line item for vehicles. Williams said he would not have approved the transfer it was for a vehicle. City Engineer Miller would like all Plumbing has done approximately $2,000 worth of no charge. to know work for Councilperson if it was said that Stemler the City at wishes all a Merry Christmas and a Happy New Council to the 4th floor lunch on Tuesday, to 2 P.M. PAGE 9 DECEMBER 16, 1993 Councilperson Williams explained he has talked with Clerk and Treasurer Spencer and received an explanation regarding the previous Cumulative Capital Development transfers. He does apoligize for the misunderstanding. He recommends the Council consider transfers on a quarterly basis only. Clerk and Treasurer Spencer explained the fewer transfers made the better it would be stating examples. It is very hard to know 12 to 18 months ahead when making budgets, however there should be no need to make transfers in January, February and March. A previous Council did do transfers on a quarterly basis. Councilperson Williams asks the Council to consider this policy. Clerk and Treasurer Spencer explained it is his job to present transfer requests to the Council as he receives them. The Council can refuse to consider these. Councilperson Williams has had many of the department heads in 1993. they do. He does respect individual will be rewarding. Councilperson Williams President Potter stating he has the opportunity to work with He does appreciate the work philosophies. He trusts 1994 presented a plaque to Council done an excellent job. Council President Potter explained it has been a long enjoyable proud the City has been maintained, kept the bills paid, the bank, and been able to give a raise. He working with the Council the next year. Councilperson Williams explained the year. He is has money in does look forward to Council had a workshop recently going over goals and objectives. It was concluded that until the Council deals with the grass roots people they are not realy doing their job. They do have a slogan; the Nolan Principle. He then asked Ms. Nellie Nolan to come forward as he presented a plaque to her saying she makes the Council keep their feet on the ground. New Year. Councilperson Wolpert on Saturday, January Room. She also wishes all a Merry Christmas and Happy Councilperson Wilson would like to have 15, 1994 at 9:00 o'clock A.M. a Council workshop in the Conference wishes ail a Merry Christmas and Happy New Year. PAGE 10 DECEMBER 16, 1993 Councilperson Frantz requests the Council receive copies of the goals and objectives the Board of Works requested the Department Heads to submit· She would like to have an update at the workshop on the oil refining presentation that was given to the Board of Public Works· Plant Superintendent Larry James explained he is waiting for a letter of opinion regarding the warranty. Councilperson Frantz asked if the person requesting a street light for East Park Place had been notified of the decision. The gentleman has been notified. She then questioned the change order for the Market Street project. Clerk and Treasurer Spencer explained the total change is for $83~000 and will have to be approved by the State. The City will pay only $6,000 of this. It is believed the total project may come in under the quote. Due to the curbside recycling program she would request Jerry Fuller or Les Kavanaugh be at the workshop. Councilperson Wilson will prepare the agenda for the workshop. Councilperson Wilder thanks the Council for the support on the drainage and wishes all a Merry Christmas. Councilperson Stemler asked what the determination was on the Carmen Avenue sewers. The tap in has been approved with conditions. A permit has not been applied for as yet. Councilperson Stemler asked with the status is for the R.F.P. for a floating restaurant. Clerk and Treasurer Spencer explained he recieved a copy last Firday or Monday. Councilperson Stemler thanked Clerk and Treasurer Spencer for introducing the Unfunded Mandate Resolution. Councilperson Stemler thanked Council service. Council President Potter President Potter for his year of thanked all for the cooperation given him this year. He hopes to work more efficiently in the next year, with fewer and shorter meetings. He also thanks the Fire Chief and Police Chief and the WWTP for working with him this year. There being no further business to come before the Council, Council President Potter moved to adjourn at 10:05 o'clock P.M. seconded by Counciiperson Stemler and unanimously carried. · HAYO~'~9~D ]. PARK~ERtSR. ATTES~ ~ / CLERK AND TREASUR~R~ C· RI~RO SPENC JR. December 16, 1993 STATUS OF JEFFERSONVILLE RIVERFRONT CORPS OF ENGINEERS PERMIT APPLICATION Application Submitted Corps Public Notice Issued Jorge Lanz Met w/Lee Anne Devine & Jan Hemberger of the COE At the Meeting, Mr. Lanz was told of the following time elements required Get Comments to Indiana SHPO & Advisory Council for Historic Preservation If Advisory Council gets involved Write Permit and Issue Total Target Date 1orge Lanz Called Corps to inquire on Permit status Corps indicated at this time that it would take an additional 90 days to process and issue the permit because the floating restaurant's impact to the Historic District had to be worked out. Updated Target Date Jorge Lanz & Carroll Gowens met w/Lee Anne Devine & Jan Hemberger of the COE Corps indicated at this time that the revised schedule is as follows: Get comments to Indiana SHPO & Advisory Council by Advisory Council 30 day review deadline COE needs 30 days to complete the Statement of Findings Permit Issued 4-19-93 5-21-93 7-21-93 30 days 30 days 30 days 90 Days 10/21/93 10/27/93 1/27/94 12/9/93 12/31/93 2/3/94 3/4/94 3/4/94