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HomeMy WebLinkAboutMay 19, 2014COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA May 19, 2014 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:OOpm, on Monday, May 19, 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 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, Councilperson Gill, Councilperson Glover, Councilperson Samuel, President Julius, and Councilperson Owen. APPROVAL OF THE AGENDA: Councilperson Owen made a motion to APPROVE the agenda, with Councilperson Sellers seconding, PASSING on a vote of 9-0. MINUTES TO BE APPROVED: Councilperson Owen made a motion to APPROVE the minutes from the regular Council meeting on April 21, 2014, with Councilperson Glover seconding, PASSING on a vote of 9-0. CLAIMS TO BE APPROVED: General Claims: Controller Amy Deering presented the General Claims list and Councilperson Smith questioned a claim for 129 E. Court Avenue to Stemler Plumbing for $65. Following discussion, Council decided to pull the claim to await further explanation bringing the total claims to be approved to $568,583.29. Councilperson Gill made the motion to APPROVE the General Claims as amended with Councilperson Sellers seconding, PASSING on a vote of 9-0. REPORT OF THE CLERK: None at this time. DEPARTMENT HEAD/COMMISSIONS/BOARD REPORTS: 1. Scott Aldridge — Police Merit Board: Mr. Aldridge stated that he needed Council's help deciding who should pay for an outside arbitrator for Officer Mills who has been accused of a felony crime. Mr. Aldridge explained that the Merit Board gives the accused a choice of going through the Merit Board or have an arbitrator hear their case and Mr. Mills chose an arbitrator. Mr. Aldridge explained that the Merit Board feels that they should not have to pay for Mr. Mills' arbitrator since the Merit Board can provide a service that is already in their budget. Council Attorney Scott Lewis stated that he spoke to the SBOA and they said since this is City business it's ok to pay the arbitrator out of a City budget. Mr. Lewis clarified to Mr. Aldridge that an arbitrator is not an attorney and this is a City proceeding, not a private lawsuit. Mr. Aldridge stated that he will do whatever Council wants, but no action is needed tonight. 1 2. Major Josh Lynch for Chief Chris Grimm — JPD Training: Major Lynch provided a list of expenses incurred due to out-of-town officers training and stated that the money to pay for these expenses is in the Police Department's budget. Councilperson Samuel made the motion to APPROVE the list of expenses as long as it stays within their budget, with Councilperson Owen seconding, PASSING on a vote of 9-0. A. UNFINISHED BUSINESS: 1. Les Merkley —2014-R-10 Resolution Approving and Ratifying Interlocal Agreements between City of Jeffersonville and Clark County (Fuel Supply for County Owned Vehicles) and 2014-R-11 (Maintenance/Repair of County Owned Vehicles): Mr. Merkley presented two Interlocal Agreements to the Council. Mr. Merkley stated that they have both been approved by the County Commissioners and the County Council. President Julius stated that he emailed these Interlocal Agreements to Bubby Vissing so he could review them and he said that he has no problem with either one. Councilperson Smith stated that he doesn't feel that the hourly pay rate of $19.26 is adequate for a laborer to maintain the County owned vehicles. Councilperson Smith also stated that he hasn't been able to determine how maintaining the County vehicles benefits the Jeffersonville City taxpayers. Councilperson Glover remarked that the Jeffersonville City employee is already at work and receiving a wage, so what difference does it make if it's a City or County vehicle that he's working on. Councilperson Smith explained that it's not just the wage, but the wear and tear on the City equipment that needs to be taken into consideration. Following discussion, it was decided to table the Interlocal Agreements to give Council members time to review them. Clerk Vicki Conlin stated that the County Council President has not signed the Agreements and requests that this be done prior to Council approval. Councilperson Glover made a motion to TABLE the Interlocal Agreements, with Councilperson Payne seconding, PASSING on a vote of 9-0. 2. Amy Deering — 2014 -OR -22 An Ordinance Transferring Certain Funds within the Same Department: Ms. Deering requested that this ordinance be amended with the addition of two items. The first was from LOIT, which Ms. Deering explained in an earlier email to Council members, and the second one was a request from Building Commissioner Larry Wallace on behalf of the Building Authority for some additional supplies. Councilperson Samuel made a motion to APPROVE 2014 -OR -22 on the second and third reading, with Councilperson Payne seconding, PASSING on a vote of 9-0. B. NEW BUSINESS: 1. Peggy Duffy — City Pride: Ms. Duffy was not present at tonight's Council meeting, so the Council members decided to table City Pride business until which time Ms. Duffy is available. Councilperson Glover made a motion to TABLE City Pride discussion, with Councilperson Owen seconding, PASSING on a vote of 9-0. 2. Jay Ellis — Jeff Fest: Mr. Ellis was not present at tonight's Council meeting, but the Council members decided to discuss Jeff Fest. Clerk Vicki Conlin stated that she sent an email to Council members last week informing them that the budgeted annual claim for Jeff Fest was submitted to the Finance Department and they approved it. No further action was necessary. 3. Homeless Task Force Update: No one from the Homeless Task Force was available to speak to the Council and Corporate Counsel Les Merkley stated that Beth Keeney told him they would have a written report for the Council at the next Council meeting. 2 4. Dennis Julius — Lighting and Fans for Vehicle Maintenance: President Julius stated that Vehicle Maintenance Director Bubby Vissing discussed this purchase at several Finance meetings. The total cost is $22,755 and Ms. Conlin stated that it was her understanding from the Finance meetings that this amount covers all costs. Street Department Director Clark Miles has agreed to pay for this expense out of his Environmental Fee line item. Councilperson Gill made a motion to TRANSFER the money from the Street Department to Vehicle Maintenance so Mr. Vissing can purchase lighting and fans for the City garage out of his budget, with Councilperson Sellers seconding, PASSING on a vote of 9-0. 5. Scott Lewis — 2014 -OR -23 Ordinance Establishing a Fee for Steamboat Days Festival Pins: Council Attorney Lewis explained that a few months ago, the Parks Authority Board voted to establish an ordinance selling the pins for the Steamboat Days Festival; and after reviewing rules and statutes with SBOA, it was determined that an ordinance should be established when a fee is initiated. Councilperson Sellers made a motion to APPROVE 2014 -OR -23 on the first and second reading, with Councilperson Payne seconding. Councilperson Owen stated that the City has pulled money from various locations in the budget for Steamboat Days and they have also received sponsorships. The Steamboat Days Festival budget is $80,000 and they have a total at this time of $90,000. Councilperson Owen stated that since they have reached their budget expectations, should they reconsider charging a fee for access to some of the festival activities and Councilpersons Gill and Sellers stated that they still need this revenue source. Councilperson Sellers explained that Steamboat Days was told to not go over their budget of $80,000 so that there will be money left in their budget for next year's festival. Councilperson Owen asked if the money the Council, Redevelopment and UEZ donated for a total of $60,000 would be reimbursed with the money made selling the festival pins and Councilperson Sellers stated no, it would be placed in the budget in a non -reverting fund for next year. Councilperson Owen stated that he is not in favor of charging for access to something that we have already used tax dollars to fund. Councilperson Zastawny explained that they charge a fee for other events that taxpayer dollars fund such as the ice skating rink. Councilperson Glover stated that he feels that since this is the first year bringing the Steamboat Festival back and reviving interest in it, he would prefer a year of it being very successful and nice and then maybe come back with a pin. Councilperson Sellers stated that the people on the Steamboat Committee are the downtown merchants and they are pushing this and are very excited about the selling of the pins. President Julius requested a roll call vote: Aye Councilperson Smith Aye Councilperson Zastawny Aye Councilperson Payne Councilperson Sellers Aye Council VP Gill Aye Council President Julius Aye Councilperson Glover Councilperson Owen Councilperson Samuel Aye After the roll call votes, the motion PASSES on a vote of 6-3. Nay Nay Nay Nay 3 6. Les Merkley — 2014-R-12 A Resolution Approving and Ratifying the Interlocal Agreement between the City of Jeffersonville, the Town of Clarksville and Council of Clark (Justice Assistance Grant): Mr. Merkley requested that 2014-R-12 be tabled. Councilperson Payne made a motion to TABLE 2014-R-12, with Councilperson Zastawny seconding, PASSING on a vote of 9-0. 7. Les Merkley — 2014-R-13 A Resolution Approving and Ratifying Interlocal Cooperation Agreement for Animal Shelter: Mr. Merkley presented the Interlocal agreement to the Council stating that it has been approved by the County Commissioners and the County Council. This agreement will run through the year 2017, and has established a set amount to be paid quarterly by each government entity participating. The City of Jeffersonville will make up any balance left in reference to the operation of the Animal Shelter. Mr. Merkley stated that Mr. Lewis brought to his attention that when the County Council approved this, they approved it contingent upon all the other governmental entities approving it. Mr. Lewis stated that Attorney Jake Elder was handling all negotiations for the County and Mr. Merkley was handling negotiations for Jeffersonville. Mr. • Merkley advised the Council to go ahead and approve the agreement with the language as it is presented to them. Councilperson Smith made a motion to TABLE 2014-R-13 so that Les Merkley can talk to Clark County Attorney Jake Elder on the County Council's motion, with Councilperson Sellers seconding, PASSING on a vote of 9-0. Clerk Conlin stated that we need a new resolution because this one lists Mayor Mike Moore as Presiding Officer of the Common Council. Mr. Merkley stated that he will make the correction. Mr. Merkley informed the Council that as of 5:24pm this afternoon the Big Four Ramp has been turned over to the City of Jeffersonville and they are still trying to coordinate as to when it will open. The barricade at the top of the bridge can only be removed by the Louisville Waterfront Corporation and the intent is to open up the ramp to the public as soon as possible. Councilperson Glover stated that at the Parks Authority meeting they discussed the crash at the Overlook and the Parks Department stated that they were going to put up some temporary barricades and asked Mr. Merkley if this should be discussed with the Board of Public Works and Safety. Councilperson Glover also questioned whether or not the entire Overlook should be shut down. Mr. Merkley stated that if it's a concern, why not place the big concrete barricades there. Councilperson Smith stated that the Overlook may not be designed to handle that much weight. Mr. Merkley stated that they have a similar concern with the Big Four Station. They will be closing Pearl Street around the plaza and try to push people to Chestnut Street to keep them away from construction. CITY COUNCIL ATTORNEY REPORT: None at this time. PUBLIC COMMENT: None at this time. COUNCIL COMMENTS: Councilperson Smith: has been in contact with Chief Hedrick concerning the ladder truck traffic incident on Charlestown Pike. Three firefighters were involved in the accident and one is still off duty. The fire truck is going to be moved to Gray and Wells Body Shop and an adjuster will come to look at it. Councilperson Smith stated that trucks cost $800,000 or more unequipped and suggests that at some point maybe the City should look into specialty insurance coverage for these trucks. Councilperson Glover asked what the replacement time is for the truck and Councilperson Smith stated that you can sometimes get a demo pretty quickly, if not, it takes about a year. 4 6. Les Merkley — 2014-R-12 A Resolution Approving and Ratifying the Interlocal Agreement between the City of Jeffersonville, the Town of Clarksville and Council of Clark (Justice Assistance Grant): Mr. Merkley requested that 2014-R-12 be tabled. Councilperson Payne made a motion to TABLE 2014-R-12, with Councilperson Zastawny seconding, PASSING on a vote of 9-0. 7. Les Merkley — 2014-R-13 A Resolution Approving and Ratifying Interlocal Cooperation Agreement for Animal Shelter: Mr. Merkley presented the Interlocal agreement to the Council stating that it has been approved by the County Commissioners and the County Council. This agreement will run through the year 2017, and has established a set amount to be paid quarterly by each government entity participating. The City of Jeffersonville will make up any balance left in reference to the operation of the Animal Shelter. Mr. Merkley stated that Mr. Lewis brought to his attention that when the County Council approved this, they approved it contingent upon all the other governmental entities approving it. Mr. Lewis stated that Attorney Jake Elder was handling all negotiations for the County and Mr. Merkley was handling negotiations for Jeffersonville. Mr. Merkley advised the Council to go ahead and approve the agreement with the language as it is presented to them. Councilperson Smith made a motion to TABLE 2014-R-24 so that Les Merkley can talk to Clark County Attorney Jake Elder on the County Council's motion, with Councilperson Sellers seconding, PASSING on a vote of 9-0. Clerk Conlin stated that we need a new resolution because this one lists Mayor Mike Moore as Presiding Officer of the Common Council. Mr. Merkley stated that he will make the correction. Mr. Merkley informed the Council that as of 5:24pm this afternoon the Big Four Ramp has been turned over to the City of Jeffersonville and they are still trying to coordinate as to when it will open. The barricade at the top of the bridge can only be removed by the Louisville Waterfront Corporation and the intent is to open up the ramp to the public as soon as possible. Councilperson Glover stated that at the Parks Authority meeting they discussed the crash at the Overlook and the Parks Department stated that they were going to put up some temporary barricades and asked Mr. Merkley if this should be discussed with the Board of Public Works and Safety. Councilperson Glover also questioned whether or not the entire Overlook should be shut down. Mr. Merkley stated that if it's a concern, why not place the big concrete barricades there. Councilperson Smith stated that the Overlook may not be designed to handle that much weight. Mr. Merkley stated that they have a similar concern with the Big Four Station. They will be closing Pearl Street around the plaza and try to push people to Chestnut Street to keep them away from construction. CITY COUNCIL ATTORNEY REPORT: None at this time. PUBLIC COMMENT: None at this time. COUNCIL COMMENTS: Councilperson Smith: has been in contact with Chief Hedrick concerning the ladder truck traffic incident on Charlestown Pike. Three firefighters were involved in the accident and one is still off duty. The fire truck is going to be moved to Gray and Wells Body Shop and an adjuster will come to look at it. Councilperson Smith stated that trucks cost $800,000 or more unequipped and suggests that at some point maybe the City should look into specialty insurance coverage for these trucks. Councilperson Glover asked what the replacement time is for the truck and Councilperson Smith stated that you can sometimes get a demo pretty quickly, if not, it takes about a year. 4 Councilperson Zastawny: stated that a new restaurant opened called the Red Yeti and he ate there today and they have good food. It will be a couple of months before they will have a license to manufacture beer. Councilperson Payne: None at this time. Councilperson Sellers: None at this time. Vice President Gill: None at this time. Councilperson Glover: stated that they are still working out some of the issues at the intersection of Utica-Sellersburg Road and Highway 62 with the new turning lane and curbing. They are looking at ways to remedy it, but it has worked out well as far as helping the traffic filter out of those back neighborhoods. The neighborhoods that we rerouted the traffic through are extremely happy that the road is back open. Councilperson Owen: None at this time. Counciiperson Samuel: expressed his disappointed that the Homeless Task Force didn't give their report at tonight's meeting and stated that It has been over a month since Council has asked for it. There were people at tonight's meeting that came for that reason and waited for half the meeting and then left when they heard that the Taskforce wasn't coming. Counciiperson Samuel asked Clerk Conlin to make sure that they are on the agenda for the next Council meeting and he will confirm with Mr. Merkley to try to get them here. The Earth Ship Bench is close to being completed and hopes to get them to come and show some visuals at the next meeting. The Commission met with an artist and they will have some really unique benches on Chestnut Street when you come off the Big Four Bridge. They are in discussions with two different business owners regarding two murals downtown. One is the side of Benton's Jewelry and the other is the side of the Red Yeti Restaurant. The bio -swell at the corner of Chestnut and Spring closest to Glossbrenner Garden is 18"-24" deep and someone is going to get seriously hurt if they fall in it. It's a huge liability. President Julius: explained that when the bio -swell was first built it was virtually a grate and it didn't work and it started flooding the street. Then, the City dug it out to give it more capacity and that didn't work either. Now, they have decided to take those grates off of the risers and have an open pipe which he thinks creates a problem. President Julius stated that he owns a business across from that location and it floods so much that it crests the crown of Spring Street and goes into the catch basin. President Julius read a thank you card for the Council from Mr. Bill Barber who sits on the YMCA board for helping make the grant happen. President Julius stated that about a year and a half ago he brought the issue of tolling on the bridges to the Council. Two years later, they are still working on it. They had a meeting last Friday with different businesses in the area, Senator Grooms, Representative Stemler and two INDOT representatives about the repercussions of the taxes of the tolls. They are not asking to slow down the bridges project — they know there's going to be tolls — they are just asking for some sort of mitigation for the businesses in the area. The group is finally getting some traction. One Southern Indiana stated that they might help and have been to Indianapolis once to carry the message. Not only do they want to draw business here, they want retainage and almost everybody in that room 5 (50 businesses) said they may take half or all of their workforce to Louisville because so much of their business is done in Kentucky. President Julius stated that he just wanted Council to be aware that they are still working on mitigation (tax credits, etc.) to help the businesses. ADJOURNMENT: Councilperson Owen made a motion to ADJOURN at 8:09pm, with Councilperson Glover seconding, PASSING on a vote of 9-0. APPROVED BY: Dennis Julius Vicki Conlin, City Clerk sident 6