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06-06-1995
COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA JUNE 6, 1995 The Common Council of the City of Jeffersonville met in regular session in the Mu]ti~'Purpose Meeting Room in the City-~County Building, Jeffersonville~ June, 1995. Indiana~ at 7:30 P.M. on the 5th day of The meeting was called to order by Mayor Raymond J. Parker with Clerk and Treasurer C. Richard Spencer Jr, at the desk. Mayor Parker welcomed all in attendance, asking all stand as Councilperson Steven Stemler gave the invocation. He asked all those present to join him in the pledge of allegiance to flag. The roll was called and those present to then the those present were Councilpersons Bill Wolpert, Andrew Williams III, Peggy Knight Wilder~ Barbara Wilson~ Steven R. Stemler, and Robert L. Potter. Absent: Donna M. Frantz. Mayor Parker presented the minutes of the meeting of May 15, 1995, for consideration by the Council. Councilperson Potter made the motion to approve the minutes as presented, seconded by Councilperson Williams and carried unanimously. Clerk and Treasurer Spencer presented the claim list with two additional claims for consideration by the Council. Following all diecussion, Councilperson Potter made the motion to approve the claims and the additional as presented~ seconded by Councilperson Wolpert and carried unanimously. Mayor Parker introduced representing Clark Memorial Hospital. request for Council authorization for Mr. Bill Smith~ Attorney Attorney Smith explained the Mayor Parker to sign the deed for ?/10 of an acre to allow for hospital expansion. Mayor Parker explained the Board of Public Works has approved this. The property was purchased with Sewer utility funds and the SBO,O0© purchase price. is to be returned to the Sewer utility. In this instance the bid process is not necessary and all legal aspects have been followed. Following discussion, Councilperson Stemler made the motion to sell the property to Clark Memoria. 1 Hospital and authorize Mayor Parker to sign the deed~ seconded by Councilperson Potter and passed unanimously. PAGE 2 JUNE ~, 1995 Mayor F~arker asked Attorney Jack Vissing, who was sitting in for City Attorney Mike Gillenwater~ to give an update on the Industrial Water Recycling situation. Attorney Vissing referred to an Ordinance Attorney Council~ saying he one or two readings the concern of the rescind all~ or any portion, of Giilenwater prepared which was distributed to the recommends the Council review this for passage on at this meeting. Councilperson Stemler explained Council is wether the City has the legal right to the tax abatement granted to Industrial Water Recycling. It is believed the City does have this right. In regard to the offensive odor ordinance Councilperson Potter feels a measuring device would be necessary, and would pose more of an impact on Industrial Water Recycling as the fines would be more than the value of' the tax abatement. City Services Director Les Kavanaugh has talked with Mr. Tom Poole of the Indiana Department of Environmental Management and was told the State has no device to measure odors. They do have a field inspector. There are private firms that can monitor industrial plants. The odor problem will increase with the humidty. Mayor Water Recycling told the Board of are being installed. Mr. Bobby Parker said Mr. Bogel of Industrial Public Works and Safety that covers Burgess a resident of Martin Circle explained the odors in his neighborhood are bad. He is concerned for the elderly and handicapped living in the neighborhood as well as Claysburg Towers. Many people are seen with covers over their noses. The odors are like raw sewage and he invites the Council to follow him home after the meeting. He does not believe any could stand the odor longer than 30 minutes. Mr. Burgess said something has to be done and done quickly. Mayor Parker agrees action needs to be taken. Council President Wilder believes it has gone beyond an offensive odor problem. Councilperson Stemler made the motion to rescind the tax abatement for Industrial Water Recycling for a period of five years, to begin the first year the abatement is available, seconded by Councilperson Wolpert. The motion to rescind the abatement passed on the following roll call vote: PAGE 3 JUNE ~ 1995 Ayes: Councilpersons Wolpert, Williams~ Wilder, Wilson, Stemler, and Potter. Nays: None. Mayor Parker introduced Ordinance No. 95-0R-18, An Ordinance Requiring Permits For Taxicabs And Taxi Drivers. The current Ordinance does need to be updated and Clarksville and New Albany are looking for Jeffersonville to take the lead on this. Mr. Charlie Taylor and Mr~ Charlie Adams spoke to the Council explaining they are interested in starting a local cab service saying they do have copies of the old cur~Zent ordinance and proposed ordinance. The concern is there is no mention of rates of fare in the new Ordinance. They do believe regulations on fares are necessary. Attorney Vissing suggests a rate schedule be adopted. Mayor Parker stated there is a need for this type of service. Council President Wilder also feels there is a need and suggests passing this on one reading and reviewing it further. Council President Wilder then made the motion to pass Ordinance No. 95-0R-18 on the first reading only~ seconded by Councilperson Wilson, passing unanimously. Attorney Vissing recommends the Council start the process to pass Ordinance No. 95-0R-19~ An Ordinance Deeming Offensive Odors A Nuisance~ while considering the levels as there is a need for specifications of identification. Director Kavanaugh will work with Attorney Gillenwater to determine threshold values. Council President Wilder then read the Ordinance aloud. She also suggests the establishment of a non-reverting fund for any fees that are collected to be used for the expenses of monitoring. Council President Wilder then made the motion to pass Ordinance No. 95-0R-19 on the first reading only, seconded by Councilperson Williams~ passing unanimously. Discussion followed regarding the complaint process. Shelter Director Voyles suggests a Industrial Hygienist. Another suggestion is that Clark County Health Department have equipment that could be used in all of the County. Clerk and Treasurer Spencer explained Ordinance No. 95-0R-~0~ An Ordinance Transferring Certain Funds Within Same Department (Common Council). Following discussion, Councilperson Rotter made the motion to suspend the rules for Ordinance No. PAGE 4 JUNE ~ 1995 95-0R-20~ seconded by Councilperson Stemter~ Councilperson Potter then made the motion 95-0R-20 on all three readings~ seconded by passing on the following roll call vote: Ayes: Councilpersons Potter~ Stemler, Williams, and Wolpert. Nays: None. Council President Wilder has distributed information for the Southern Indiana Repair Affair. turned in to Administrative Assistant Donna Baird. explained the program. passing unanimously. to pass Ordinance No. Councilperson Stemler, Wilson~ Wilder~ volunteer These may be Assistant Baird Council President Wilder has distributed a Resolution that has been requested by the Fraternal Order of Police. She asks the Council look this over as it will be presented at the next meeting. Mayor Parker said those that missed the first overlook entertainment by Eddie Rabbitt missed a good program. It is hoped for better weather for the next event. Councilperson Wilson asks all to "do come" to the Concerts In The Park as they are great. ]'his week the feature will be the Holy Name Band° Counci~person Williams received a call from Ms. Sharon Hilton of the Clark County Health Care Clinic.. She will be on the agenda for the next meeting contribution from the Council. need for the Council to adress and will be requesting a sizeable Councilperson Williams said there is a this type of request. Ms. Nilton also spoke with Coun~ilperson Williams regarding the Animal Shelter Advisory Committee. Councilperson Williams said this is a very aggressvie and noteworthy group and commends Shelter Director Ed Voyles on the first meeting. There is need for compromise. Councilperson Williams stating the Colgate plant is a problem but There is a need for a county-wide agency. recruiting musicians am ~s group is a part is also concerned for the odor problems, is not in Jeffersonville. Councilperson Williams is of the Concert in the Park PAGE 5 JUNE ~ 1995 Councilperson Stemler requests a clarification of the F.O.P Resolution, asking that Councilperson Williams and Council President Wilder research it. Council President Wilder schedule which will begin July I0~ reviewed the preliminary budget at 6:00 P.M. Clerk and Treasurer Spencer has not received the budget calendar. In the past it has been necessary to pass the salary ordinance by August I. The process from last year worked very well. Clerk and ~reasurer Spencer suggests a liason with his office. Council President Wilder will get with Clerk and Treasurer Spencer. Mr. Herman Sommerville~ a business owner spoke on behalf of Industrial Barrel moving to the Park. Silver Creek Industrial Park the Industrial Park regarding This company has a long history of environmental violations. He wonders why a business that has been chased out of louisville can be allowed to come in. This industrial park is within the Jeffersonville two-mile fringe. Mr. Sommerville has called the State and was told to come to this body. Council President Wilder has made inquiries and finds the only thing that can be done is to watch as closely as possible. She is very concerned also. Mr. Sommerville approached the County Commissioners on this at their meeting and was told to come to the City Council. Attorney Vissing worked for two years on an elaborate County Ordinance which the Commissioners have rejected. There is a need for County-wide identifiable standards. Very little can be done to keep a business out if zoning criteria is met. A County pollution o~diance would be the best thing. Ms. Mary Grimes will stand up and say no Industrial Park. Council wishes is very disappointed there is no group that to Louisville Barrel moving to Silver Creek President Wi]der does see her point and she could do something. It is not within the responsibilty of this body. This should be done by the State. Ms. Grimes has been told by Mr. Dunn at the State to come here. Attorney Vissing recommends the group retain Counsel as the City only has say in zoning. Wastewater ]reatment Plant Manager Kendall Coleman explained discharge from the Industrial Park will be monitored at the plant. PAGE 6 JUNE ~ 1995 Barrel follow. and stop There would be a spill prevention plan on site. Indiana has no air quality control board and no authority that can enforce fines as does louisville. Attorney Vissing explained if a company meets the criteria they cannot be denied a tap in to the treatment system. The fines paid in Louisville by Louisville Barrel were for air pollution. Director Les Kavanaugh is concerned this area may become an industrial area for misfit industries. Mr. Bill Showalter is also concerned with the Louisville situation. He feels if one is allowed to come in, more will is a need for some group to take the bull by the horns There this. Ms. Pat Simpson says Clark County is too nice to go to bhe dogs. She feels Jeffersonv~lle is the leading City and wonders how we can get the Commissioners involved. Mayor Parker said the only recommend and suggest. He would like to give her cannot. Attorney Vissing said there is a need for City can the answer~ but all to agree, said the City volunteers to to stop by his house and he will personally conduct a tour of the Park. By worklng together a big difference hms been made in the drugs. Mayor Parker was at the Park this ~eekend and he commends Mr. Ellis, Mr. Burgess, and Councllperson W~]l~ams for the success. including the Commissioners. Council President Wilder can research and hope to ~ead. Councilperson Stemler talk with the Commissioners. This area is not anti-business but at the same time wants to be protective and selective. Mr. Robert Aschbacher owns property in Silver Creek and has an office near Louisville Barrell. The odors from Louisville Barrel are pretty intense and strong 3/q to i mile away. [~ounci]~ President W~lder thanked all those that came to the meeting and hopes the City can do something to help. Mr. Bobby Burgess, President of the CLEAN Committee, came to the Mayor last fall with a problem. He is here to say thank you to the Mayor, l]ouncilpersons Stemler~ Potter, and Williams, Councilperson elect Conlin, the Arts Council, and the F.O.P. for their help and s~pport. A difference has been made in Langsden Park. He invites all PAGE ? JUNE ~ ]995 There being no further business to come before Councilperson Potter moved to adjourn at 8:50 o~clock P.M. [;ouncilperson Wolpert and unmnimously carried. ATTEST: M~~ARKER JR. ~- /SPENCER ,JR. the Counci 1, seconded by