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