HomeMy WebLinkAboutCC OCTOBER 1, 2018 COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
October 1, 2018
The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500
Quartermaster Court,Jeffersonville, Indiana at 7:00 pm, on Monday, October 1, 2018.
Council President Gill along with City Clerk Conlin called the meeting to order at 7:00 pm. Councilperson
Ellis gave the Invocation and Council President Gill asked those in attendance to stand and recite the
Pledge of Allegiance.
ROLL CALL:The roll call was conducted and those present were: Councilperson White, Councilperson
Zastawny, Councilperson Jahn, Councilperson Maples, Council President Gill, Councilperson Ellis, and
Councilperson Samuel. Council Vice President Hawkins absent from the proceedings and Councilperson
Owen arrived after the Roll Call was conducted.
MINUTES TO BE APPROVED:
September 12, 2018 Council Budget Workshop—Councilperson Jahn made a motion to APPROVE the
minutes with Councilperson Samuel seconding, PASSING on a vote, 7-0.
September 17, 2018 Regular Proceedings—Councilperson Jahn made a motion to APPROVE the minutes
with Councilperson Maples seconding, PASSING on a vote, 7-0.
APPROVAL OF THE AGENDA:
Councilperson Samuel made a motion to APPROVE the agenda as presented, with Councilperson Maples
seconding, PASSING on a vote, 7-0.
CLAIMS TO BE APPROVED:
City Controller Heather Metcalf presented the General Claims list. Council President Gill asked if all of
the claims were in order and Controller Metcalf stated they were. Councilperson Zastawny made a
motion to APPROVE the General Claims list with Councilperson Jahn seconding, PASSING on a vote, 7-0.
City Controller Heather Metcalf presented the Parks Claims list. Council President Gill asked if all of the
claims were in order and Controller Metcalf stated they were. Councilperson Zastawny made a motion
to APPROVE the Parks Claims with Councilperson Maples seconding, PASSING on a vote, 7-0
REPORT OF THE CLERK:
Clerk Conlin said SystemMax was here this week and worked on the sound and everything is much
better. She was also contacted by AIM to serve on the Legislative committee again this next year.
UNFINISHED BUSINESS:
1. Lisa Gill/Heather Metcalf—2018-OR-59 An Ordinance Transferring Certain Funds within the
Same Department—City Controller Heather Metcalf presented 2018-OR-59. There have been
no changes. Councilperson Maples made a motion to APPROVE 2018-OR-59 on the third and
final reading with Councilperson Jahn seconding, PASSING on a vote, 7-0.
2. Lisa Gill/ Heather Metcalf-2018-OR-60 An Ordinance for Appropriation and Tax Rates—City
Controller Heather Metcalf presented 2018-OR-60. There were a couple of requested changes.
For EDIT—the transfer out for the Public Arts Fund is decreased to $24,000, the transfer out for
the Sidewalks is changed to zero, the Steamboat line is zeroed out, Road Construction is zeroed
out. Council President Gill said it makes her nervous to leave the EDIT fund out it was because
of the talk of the impending jail tax. She would rather reduce it all down to zero now with the
exception of what the Council is obligated to by Ordinance and Contracts and then put in the
money after they hear what the County's decision is at the end of October.
Councilperson Jahn asked what the rationale was for zeroing out these now as opposed to going
through later and reducing. Council President Gill said to her it is easier to remove the funds
now and see what they are dealing with after the decision is made. Councilperson Samuel said
to him that if they have to back the budget down in January it will be more difficult than telling
them once they know that there is a certain amount of money and then the Departments can
prioritize. His concern is that if the money is in there at the beginning of the year, the
Departments can commit it and then the Council has to approve those Claims. Controller
Metcalf said the other change is that under Gaming there is a line for YMCA, no money is
appropriated to the line,just the line was added. Councilperson Zastawny said he was curious
about that request. Councilperson White said that he missed the last budget workshop and was
unable to request it then. Council President Gill said that during the last budget workshop
Councilperson Owen had made the request to put a line in for Community and Schools.
Councilperson Samuel said he does not support adding a not for profit, because how many
should they put on there? He has some he would like to see funded. He agreed to the
Community and Schools because it was being funded.
Councilperson Maples asked if the Homeless Coalition ever sent their budget. He is not
comfortable contributing the $75,000 if they do not see the budget. Clerk Conlin advised that
Mrs. Stingel did not send the budget. Councilperson Jahn will follow up with her and request
again that she send it. Councilperson Zastawny asked if the Homeless Coalition was supposed to
be self-funded. Councilperson Maples said he just wants to see the budget before giving them
the money. He's okay with leaving the line in there.
Councilperson Samuel asked Council Attorney, if they do a salary ordinance and are wanting to
put back in for the police and fire, which trumps which. Councilperson Samuel has said he
doesn't support 6, he supports 3. He doesn't want to hold off and hire 6 firemen mid-year. He
is okay with hiring 3 for the full year. Council Attorney Wilder said if the money is in the budget
they can spend it how they wish. He believes there is a reasonable argument that once you
budget the money and it's in the correct place the folks you have in charge of spending it can be
spent however it is wished. Councilperson Samuel reiterated that he is supportive of hiring
some, he just does not think it is fiscally responsible to hire 6. Councilperson White asked what
a solution would be for Councilperson Samuel. Councilperson Samuel said his concern is the
cost of adding those employees, their salaries, health insurance and benefits. Their levy only
grows so much a year and they may not be able to sustain those additional costs because the
levy is not growing as fast as the services that the City offers. Councilperson Maples asked if
Councilperson Zastawny would entertain lowering the amount of overtime, if he heard the chief
correctly the overtime should decrease if the 6 are added because they will be able to fill in the
extra shifts. Councilperson Zastawny said historically the amount for overtime has increased
and he does not see that changing. Councilperson Samuel said he would rather lower the salary
line by$150,000 and then have the conversation next year as if they want to add 6 instead of
the 3. Councilperson Jahn said she believes the 6 are being requested because they are needed.
Councilperson Samuel said he does not want to vote against the budget but this is a real
concern of his. He doesn't think there has been enough discussion about what the real need is.
Councilperson Maples said he supports the 6 being hired in midyear with the understanding that
he would like to not see the Chief in requesting additional appropriations for more Overtime.
Councilperson Maples said that two years ago the Council agreed to the 6 and they were not
discussing these concerns then. He sees it as a blemish on them if they go back on that now.
Councilperson White asked if the Fire Department relied heavily on LOIT. They do, mainly for
capital costs, repair and maintenance, and equipment.
Councilperson Samuel said the projection is 2.8 million and we are budgeting 2.8 million dollars.
He does not think that is a sustainable budget.
Councilperson Owen said he would be more comfortable leaving EDIT as is and then cutting it
after the County comes back with their decision so the City knows exactly how much they need
to fund. Councilperson Samuel said the issue he has with that is by cutting it now, when we put
that money back in we can say here you divide it up. Otherwise, in theory the Administration
could come back and say that the money is in reserves and they presented their budget and we
approved it. Councilperson White asked Council President Gill if she was set on either option.
She wants to see EDIT zeroed out as discussed. Councilperson White said his fear is that the
County will take that as the Council saying they are prepared to pay the Jail tax. City Attorney
Les Merkley said he understands the concern seeing as to how they do not yet know how the
County will handle the new Jail tax. One option is to just zero out EDIT and then come back at
the beginning of the year and fix it. City Attorney Merkley said he is confident that the County
will accept the Interlocal Agreement. Councilperson Samuel said one of his concerns is that it
has happened in years past that a big ticket item is committed at the beginning of the year. City
Attorney Merkley said another option is to adopt the budget after October 22 when the County
Council meets. Councilperson Owen said he agreed that by zeroing it all out he believes it may
send the message that the City has all of the money to pay the new jail tax. Council President
Gill said she respects his opinion, but disagrees.
Councilperson White made a motion to add a line for the YMCA under Special Projects.
Councilperson Jahn seconded the motion. A roll call was requested:
Councilperson White—yes
Councilperson Zastawny- no
Councilperson Jahn—yes
Councilperson Maples—yes
Councilperson Owen -yes
Councilperson Samuel - no
Councilperson Ellis - no
Council President Gill—yes
Final vote, motion PASSED 5-4.
Councilperson Owen made a motion to PASS 2018-OR-60 as amended with Councilperson
Maples seconding. A roll call was requested:
Councilperson White—yes
Councilperson Zastawny- no
Councilperson Jahn—yes
Councilperson Maples—yes
Councilperson Owen -yes
Councilperson Samuel - no
Councilperson Ellis - no
Council President Gill—no
Final vote, motion FAILED 4-5.
Councilperson White made a motion to RECONSIDER with the addition of the amendments to
EDIT. Councilperson Samuel seconded the motion.
Councilperson Owen said they do not have a precedence for zeroing out EDIT, but there is a
precedence for the other options presented.
Councilperson Samuel withdrew his second to the motion.
Councilperson Ellis does not like that this budget allows for 6 firefighters, he is only in support of
3. He is not in support of adding any specialty groups in having a line item and if we do then we
need to look at their budgets. We need to protect the taxpayers,the people who have a hard
time paying a high sewer bill or getting a meal.
Councilperson Maples asked if Councilperson Ellis was in support of removing JNLA since they
are a specialty group. Councilperson Ellis said he sees JNLA as more of a City event.
Councilperson Jahn said in regards to the 6 or 3 firefighters, they equal the same dollar amount.
Is there a different way the Council could define that?
City Attorney Merkley asked what was wrong with doing an Ordinance of Reduction if needed.
Council President Gill said she would rather be safe than sorry.
Councilperson Owen made a motion to table the matter until later in the meeting, PASSING on a
vote, 6-1 with Councilperson Maples voting against.
NEW BUSINESS:
1. Lisa Gill/Jake Elder,Attorney- Interlocal Cooperation Agreement for the Implementation of
Curbside Recycling Services for Certain Municipalities Designated Areas of the Clark County
Solid Waste Management District Clark County—Council Attorney Larry Wilder presented the
Interlocal Agreement. This is for curbside recycling. The Council can choose to not renew this
Interlocal Agreement. Councilperson Samuel asked if the Council decided to not renew the
agreement if the $34 fee gets waived and it does. Councilperson Zastawny said one option is to
opt out and then form the City's own program. Council President Gill said she attends the
meetings every month and she hears that it is a needed and wanted program. Councilperson
Samuel made a motion to APPROVE the Interlocal Cooperation Agreement with Councilperson
Jahn seconding, PASSING on a vote, 8-0.
Councilperson Zastawny confirmed that there were no changes from the last agreement.
2. Lisa Gill/County Councilperson Brian Lenfert—2018-R-9 Resolution Approving and Ratifying
Interlocal Agreement Distribution of Economic Income Tax Funds—City Attorney Les Merkley
presented 2018-R-9. There has been one slight change and he provided the updated copy to the
Council and the Clerk. This would be for the next three years and under this scenario the County
would agree not to impose the new tax for the County Jail and we would be using$298,000. If
they do impose the new tax it is indefinite. If they choose to enter into this agreement and then
later impose the tax the City will receive a refund for what they paid in. Councilperson Owen
asked if there was good faith in this agreement. City Attorney Merkley confirmed that the
Mayor had spoken with members of the County Council and believes this will pass.
Councilperson Samuel asked if this only affected EDIT dollars and it does. Councilperson Owen
made a motion to APPROVE 2018-R-9 with Councilperson Jahn seconding, PASSING on a vote, 8-
0.
3. Lisa Gill/ PUBLIC HEARING 2018-OR-61 An Ordinance Changing the Zoning Map Designation of
a certain Tract of Property Located 4406 Helen Road and Fully Described in Attached Exhibit A
from R1 to M3 -City Attorney Les Merkley presented 2018-OR-61. Brandon Denton is available
for any questions. This is for a 15 building complex with a total of 360 units. The Development
plan was not approved and was tabled at Planning Commission. Council President Gill opened
the Public Hearing at 8:34 PM.
John Campbell— Heritage Engineering—603 North Shore Dr.Jeffersonville—They attended the
planning meeting and presented a combination of the rezoning and development plan. Per the
plan this is identified as mixed use. With the concerns that were brought up,the development
plan was tabled and they are going to look at those concerns.
Richard Eklund—1608 Flintlock Dr.—Mr. Eklund attended the Planning and Zoning Meeting, he
has the highest regard for the developer. His concerns for this development is that it was
originally zoned residential and when he attended the meeting there were some concerns about
the current infrastructure. Herb-Lewis Rd. seemed to be a major concern in it's current
condition. He doesn't want to see it being approved and then the City will have to fix the road.
Who will pay for those upgrades. He did not hear any recommendations for those funding
sources. His concern is how many financial obligations the City is prepared to take on. It's
expensive to build a road. He believes there are a lot of other roads in Jeffersonville that could
use the attention.
Brandon Denton— He appreciates the concerns brought to attention, but this is just for the
rezoning. He feels that this is appropriate, and any concerns they heard last week they are
certain they can come to an agreement to please both sides. This will generate income.
Public Hearing CLOSED at 8:45 PM.
Councilperson Owen made a motion to APPROVE 2018-OR-61 with Councilperson White
seconding, PASSING on a vote, 7-1 with Councilperson Zastawny voting against.
4. Lisa Gill/ Les Merkley—PUBLIC HEARING 2018-OR-62 An Ordinance Changing the Zoning Map
Designation of a certain Tract of Property Located 927 Indiana Ave and Fully Described in
Attached Exhibit A from C2 to Cl—City Attorney Les Merkley presented 2018-OR-62. This
comes with a favorable recommendation from the Planning Commission. Council President Gill
opened the Public Hearing at 8:46 PM.
Alan Applegate—428 Meigs Ave.— Here on behalf of the applicant. He does not have a formal
presentation, he is just here for any questions.
Public Hearing was Closed at 8:47 PM. Councilperson Owen made a motion to APPROVE 2018-
OR-62 with Councilperson Samuel seconding, PASSING on a vote, 8-0.
5. Lisa Gill/PUBLIC HEARING 2018-OR-63 An Ordinance Changing the Zoning Map Designation of
a certain Tract of Property Located at 4219 Middle Road and Fully Described in Attached
Exhibit A from R1 to C2— City Attorney Les Merkley presented 2018-OR-63. This was requested
to be tabled a few times and there was nobody present when it was on the agenda for the last
meeting (Planning Commission). A representative from the Sprigler Company was present.
Chad Sprigler said he would like to have the rezoning approved. This will probably never be
anything more than a 4 way stop. It is exciting to have that potentially developed. He does not
have control of the property behind that, it was sold at auction. Council President Gill opened
the Public Hearing at 8:49 pm and as no members of the community came forward to speak for
or against the matter the Public Hearing was closed. Councilperson Owen made a motion to
APPROVE 2018-OR-63 with Councilperson Jahn seconding, PASSING on a vote, 8-0.
6. Lisa Gill/Kim Calabro-2018-OR-64 An Ordinance Amending 2018-OR-23 An Ordinance Fixing
the Salaries of Appointed Officers and Employees for All Departments of the City of
Jeffersonville, Clark County, Indiana,for the Year 2019— Human Resources Director Kim
Calabro presented 2018-OR-64. On page 1 there is the change that the cap is no longer effective
so employees cannot be capped out. On page 2 there is a new title, the Coordinator of Code
Enforcement. We currently have 83 firefighters, she needs to know whether to add 3 or 6 to
that number. Council President Gill said she would like the Ordinance to reflect that if board
members do not attend meetings they will not get paid. Councilperson Samuel said that he
would like to see the Parks and Public Arts to receive payment as well. Would require
approximately$15,000 in additional funding. Councilperson Jahn made a motion to AMEND the
Ordinance to reflect the changes to the board/stenographer pay with Councilperson Ellis
seconding, PASSING on a vote, 7-1 with Councilperson Owen voting against. Councilperson
White asked if both boards would be able to fund this change. The funding will come from the
boards budgets. Councilperson Jahn made a motion to APPROVE 2018-OR-64 as amended with
Councilperson Owen seconding, PASSING on a vote, 8-0.
7. Lisa Gill/ Heather Metcalf—2018-OR-65 An Ordinance Transferring Certain Funds within the
Same Department—City Controller Heather Metcalf presented 218-OR-65. This is for the River
Stage. Councilperson Owen made a motion to APPROVE 2018-oR-65 on the third and final
reading with Councilperson Samuel seconding, PASSING on a vote, 8-0.
8. Lisa Gill/ Heather Metcalf—2018-OR-66 An Ordinance of Additional Appropriation.—City
Controller Heather Metcalf presented 2018-OR-66. This is to appropriate some reimbursements
received. Councilperson Owen made a motion to APPROVE 2018-OR-66 on the first and second
reading with Councilperson Jahn seconding, PASSING on a vote, 7-1 with Councilperson Ellis
voting against.
9. Lisa Gill/ Les Merkley—2018-R-10 Resolution Allowing the City of Jeffersonville to Withdraw
from the Clark County Building Authority—City Attorney Merkley presented 2018-R-10. This is
allowing the City to withdraw from the Clark County Building Authority. Councilperson Owen
made a motion to APPROVE 2018-R-10 with Councilperson Jahn seconding, PASSING on a vote,
8-0.
10. Lisa Gill/ Les Merkley—2018-R-11 Resolution Approving Tax Abatement for the Masonic
Building—City Attorney Les Merkley presented 2018-R-11. This is for the Masonic Building.
Paul Wheatley present to answer any questions. Denton Floyd is going to rehabilitate that
building. Councilperson Samuel made a motion to APPROVE 2018-R-11 with Councilperson
Zastawny seconding, PASSING on a vote, 8-0.
11. Lisa Gill/ Les Merkley—Request facade grant funding for renovation of Masonic Building—City
Attorney Merkley presented the request. Councilperson Samuel made a motion to APPRVOE
the request of$30,000 to be appropriated from Fund 279 with Councilperson Zastawny
seconding, PASSING on a vote, 8-0.
Council President Gill stated there would be a brief recess before returning to budget discussion.
Meeting recessed at 9:22 PM and came back to order at 9:33 PM.
Council President Gill said she would like clarification from the Council Attorney on whether she is able
to make a motion in a meeting. Per Council Attorney Wilder under Robert's Rules of Order the
President of the board is able to make a motion. Council President Gill said the only way she would
reconsider her vote is under the contingency that the Council will meet after the County Council
Meeting on October 22nd to handle to reductions as needed. Councilperson White said he would like to
see the budget remain as is and set a budget workshop for October 24th. If the Council leaves as it is
now,the budget will fail.
Councilperson Samuel said he would like to see a response from the Council Attorney after he has time
to research if the Council is able to control hiring based on the Salary Ordinance.
Councilperson Zastawny said there is either an option to reconsider this budget, or to start over with the
process. They would need to suspend the rules in order to pass a new budget on all three readings or
hold a special meeting.
Council President Gill made a motion to RECONSIDER passing the budget as it was amended earlier with
the understanding that a meeting will be held on October 24, 2018 to reduce as needed. Councilperson
White seconded the motion. A roll call was requested:
Councilperson White—yes
Councilperson Zastawny—no
Councilperson Maples—yes
Councilperson Owen—yes
Councilperson Samuel—no
Councilperson Ellis—no
Council President Gill—yes
Final Vote, PASSED 5-4.
Councilperson Owen made a motion to APPROVE the amended 2018-OR-60 with Councilperson Maples
seconding. A roll call was requested:
White seconded the motion. A roll call was requested:
Councilperson White—yes
Councilperson Zastawny—no
Councilperson Maples—yes
Councilperson Owen—yes
Councilperson Samuel —no
Councilperson Ellis—no
Council President Gill—yes
Final Vote, PASSED 5-4.
DEPARTMENT HEAD REPORTS:
None at this time.
REPORT OF THE COUNCIL ATTORNEY
Nothing at this time.
PUBLIC COMMENTS:
Nothing at this time.
COUNCIL COMMENTS:
Councilperson White—Nothing at this time.
Councilperson Zastawny—Nothing at this time.
Councilperson Jahn—She will be out of town on the October 15th meeting. She will review the agenda
and forward any concerns she has.
Councilperson Maples—Nothing at this time.
Councilperson Owen—Nothing at this time.
Councilperson Ellis— Nothing at this time.
Councilperson Samuel—Nothing at this time.
Council President Gill—Wanted to know if there is support for the Clark County Youth Shelter to sponsor
a table. It will be December 11 at 6 PM. Councilperson Zastawny made a motion to SPONSOR the table
with Councilperson Samuel seconding, PASSING on a vote, 6-1-1 with Councilperson Jahn voting against
and Councilperson Maples abstaining.
ADJOURNMENT:
Councilperson Owen made the motion to ADJOURN and the meeting adjourned at 9:48 P.M.
APPROVED BY:1..7.e4- ALI
Lisa ill, President
A jT�:
Vicki Conlin, Clerk