HomeMy WebLinkAbout04-01-1996cOUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
APRIL 1, 1996
The Common Council of the City of Jeffersonvllle met in
regular session in the Multi-Purpose Meeting Room in the City-County
Building, Jeffersonville, Indiana, at 7:30 P.M. on the 1st day of
April 1996.
The meeting was called to order by Mayor Thomas R. Galligan,
with Clerk and Treasurer C. Richard Spencer Jr, at the desk. Mayor
Galligan welcomed all in attendance, asking all those present to stand
as Councilperson Ron Ellis gave the invocation. He then asked all
those present to Join him in the pledge of allegiance to the flag.
The roll was called and those present were Councllpersons
John Perkins, Ron Ellis, Donna M. Frantz, Peggy Knight WlldeF, Barbara
Wilson, and Andrew Williams III.
Absent: Councllperson Vlcky Conlin.
Mayor Galligan presented the minutes of the meeting of March
18, 1996 for consideration by the Council. Councllperson Perkins made
the motion to approve the minutes as presented, seconded by
CouncllpeFson Williams and carried unanimously. Council President
Williams did ask the title for Ordinance No. 96-OR-14 on page 6
include Building and Capital Improvement.
Clerk and Treasurer Spencer presented the claim list with
two additional claims for consideration by the Council. Following all
discussion, Councilperson Perkins made the motion to approve the
claims as presented as well as the additional, seconded by Council
president Williams, passing unanimously.
PAGE 2
APRIL 1~ 1996
Mr. Bob Lanum,
appeared before the Council
machinery only. Councilperson Ellis stated
granting 10 year tax abatements on equipment.
a five year abatement. Councilperson Ellis
Attorney representing Wyandotte, Inc.
requesting a 10 year tax abatement for new
he is not in favor of
He would be in favor of
then made the motion to
allow a 5 year abatement, seconded by Councilperson Wilder. Council
President Williams reminded the Council they did take action at the
last meeting to allow for 10 years. Councilperson Perkins felt that
action was to widen the perimeters to allow the option. Councilperson
Ellis said the Federal tax laws only give 5 years to write off
equipment and he is looking out for the taxpayers. Council President
Williams prlased Wyandotte's operation asking if there could be a
better scenario. Councilperson Eltis's personal opinion is he would
never vote to give 10 years on any equiPment. Councilperson Perkins
believes you should never say never as he has talked with the Mayor
and there may be, at some time, a situation that would change minds.
He also believes Wyandotte has been a good employer. Council
President Williams asked if they would only consider extreme
latitudes. Councilperson Perkins would like to look at each case.
Councllpersons Frantz and Wilson are not oppossed to ten year
abatements on equipment. Attorney Lanum stated Councils in the past
have given 10 year abatements and Wyandotte has been a good employer.
He reminds the council the Federal value is zero after 7 years and the
value is never zero on property tax. Councilperson Ellis said his
concern is for the elderly and those on fixed income and he feels by
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APRIL 1, 1996
giving a t0 year abatement it would affect the taxpayer.
Councilperson Wilder would like to see the Council set guidelines so
they can be consistent. Councilperson Wilson agrees with
Councilperson Wilder asking the Council to remember the abatment is
not 100% for 10 years. The vote was then taken to pass Resolution
96-R-16, A Resolution Approving Statement Of Benefits ~or Purposes Of
property Tax Abatement for 5 years. Coucilpersons Perkins, Ellis, and
Wilder vote yea, with Councilpersons Frantz, Wilson, and Williams
voting nay. Mayor Galligan declined to vote. Councilperson Frantz
than made the motion to pass Resolution No. 96-R-t6 to allow 10
years, seconded by Councilperson Wilson. Councllperson Perkins made
the motion to table Resolution No. 96-R-16 until seven Councilpersons
are present, seconded by Councllperson Ellis, failing on a vote of
2-4. (Councilpersons Perkins and Ellis voted yea, Councilpersons
Frantz, Wilder, Wilson, and Williams voted nay). The vote to pass
Resolution 96-R-16 for 10 years passed on a vote of 4-2,
'Councilpersons Frantz Wilder, Wilson and Williams vote yea, with
Councllpersons Perkins and Ellis voting nay). Attorney Lanum agrees
it would be a good idea to set criteria for policy. The Council
invites Attorney Lanum to the workshop to discuss this. Mayor
Galligan stated he understands both sides, he does feel Wyandotte is a
good emplyer and he understands the Council desire for 5 years.
City Court Judge Roger Llndsey appeared before the Council
to request changing a part-time position in the Probation User Fund to
a full-time position by transferring money in the budget for salary
around. He explained the case load has increased since County Court
PAGE 4
APRIL t, 1996
has been changed to Superior Court. He explained this is a user fee
supported fund and not taxpayer money. Following all discussion
Councilperson Perkins made the motion to suspend the rules for
Ordinance No. 96-OR-18, An Ordinance Transferring Funds Within Same
Department, seconded by Councilperson Ellis passing unanimously.
Councllperson Perkins then made the motion to pass Ordinance No.
96-OR-18 on all three readings, seconded by Council President
Williams, passing on the following roll call vote:
Ayes: Councllpersons Perkins, Ellis, Frantz, Wilder, Wilson,
and Williams.
Nays: None.
Councllperson Perkins made the motion to suspend the rules
for Ordinance No. 96-OR-17 An Ordinance Amending Certain Portion Of
Section 1 Of Ordinance No. 95-OR-25, seconded by Council President
Williams. At this point Attorney Sedwick explained the Building
Commission Office is now taking care of the boat docks and sewer
tap-in inspections. There is therefore a need for someone to be paid
from the Sewer Department to do these inspections. She would ask the
Ordinance include the title change in the Sewer Department from 2nd
Deputy Clerk to Sewer Tap-In Inspector, suggesting a $20,000 annual
salary. Councilperson Perkins made the motion to suspend the rules
for Ordinance No.
Council President
Perkins then made
96-OR-17 to
Williams,
the motion
amended on all three readings, seconded
passing on the following roll call vote:
include the title change, seconded by
passing unanimously. Councilperson
to pass Ordinance No. 96-OR-17 as
by Councilperson Ellis,
PAGE 5
APRIL 1, 1996
Ayes: Councilpersons Perkins,
and Williams.
Nays: None.
Attorney Sedwick has met with
Kathy Lucas, two representatives of
Ellis, Frantz, Wilder, Wilson,
Environmental Attorney Ms.
Louisville Barrel, three
representative from IDEM, Mr. Herman Summerfietd representing Silver
Creek Industrial Park, Mr. Mike Myers of the Health Department, and
Kendal Coleman representing the Wastewater Treatment Facility. IDEM
is getting ready to draft an air permit for Louisvlle Barrel.
Following the draft there will be a 30 day comment period. More
public information is needed. Louisville Barrel has agreed to a
hearing. The City can set up a system to monitor. Councilperson
Perkins cannot understand how the City can prevent strip Joints from
coming into the City and cannot stop this. Attorney Sedwlck explained
this is already zoned Industrial.
school one and one half blocks
Louisville location.
would be unreasonable
Attorney Sedwick
Councilperson Perkins
away from Louisville
It was not a pleasant smell.
to ask for a performance bond
said this is a good concern
teaches
Barrel's
He asks if it
in the millions.
to look into.
Councilperson Frantz feels it is ridiculous they don't have answers.
Mayor Galligan said Louisville Barrel has avoided any discussion about
what is going on. Mr. Summerfield feels Louisville Barrel's
attendance at the meeting is the first step. They were totally
unprepared for the type of questions that were brought up. The
company president has not made an appearance. Mayor Galligan informed
the Council Louisville Barrel has passed a series one and two audit.
PAGE 6
APRIL 1, 1996
Councllperson Perkins stated he intends to introduce an Ordinance in
the next couple of meetings that will require bonds at a high level,
so that if anything happens there will be deep pockets. Councllperson
Frantz is concerned the Board of Public Works issued a sewer tap-in
permit when they were aware of the oppossltion. There is another
company in Jeffersonville causing problems with no means to correct.
Louisville Barrel will not be able to have the windows open and the
doors may be open only when being used. Councilperson Frantz asked if
they will have sanitary sewers only. Director Colemen explained they
will have certain limits to meet, he is not saying it will
sanitary. They will truck some waste to the landfill.
Sedwick said when the company was in Louisville they had
scrubber. When questioned
discharge without approval.
every batch is tested.
be only
Attorney
only one
Councilperson Ellis said there is an odor every time it rains. Ail
testing is done at IWR's cost. Councltperson Perkins promises that
within the next 30 days he will have an Ordinance prepared that will
be enforceable. His goal is to have them shut down or move elsewhere.
Director Coleman warns to watch how this will affect the community as
a whole. Mr. Summervllle has a copy of a letter from Jefferson County
Air Pollution Control which states as of November 1992 there were 249
odor complaints registered against Louisville Barrel. They were not
"kicked out of Jefferson County" they were threatened with a S2,500 a
day fine as of April 1, 1995. The company shut down its operation and
Director Coleman explained IWR cannot
They provide tests before discharge and
They are within acceptable limits.
PAGE 7
APRIL 1, 1996
bought property in Indiana. They do not come with a good track
record. He does feel a lot was accomplished today. Mayor Galllgan
said there will be more meetings. Councilperson Perkins is concerned
a company will go bankrupt and walk away. Mayor Galligan explained
"post closure" is terminology they want to use. Councilperson Perkins
wants this to be "chuckle proof". Attorney Sedwlck explained without
the cash in the bank there is not much that can be done.
Councllperson Frantz thanks Mr. Summerfield and Mary Grimes for
calling this to the attention of the Council at the beginning. She
also thanks Attorney Sedwick and Kathy Lucas for their work. Ms.
Nolan would like to know who is going to monitor Silver Creek.
Attorney Sedwick presented and explained Resolution
No.
96-R-18, A Resolution Approving And Ratifying Amendment To Agreement
For The Contract Operations Of The City Of Jeffersonville, Indiana
Wastewater System. She talked about the statute and the need to adopt
this Resolution. Attorney Sedwick recommends adoption as does IACT.
Following all discussion, Councilperson Perkins made the motion to
pass Resolution No. 96-R-18, seconded by Councilperson Wilder,
passing unanimously.
Attorney Sedwick presented and explained Resolution No.
96-R-18, A
For The Contract Operations
Wastewater System. Director
staff by three positions and
It is
great
Resolution Approving And Ratifying Amendment To Agreement
unfortunate the staff had to
concept. Councllperson Ellis
Of The City Of Jeffersonville, Indiana
Coleman explained he has reduced his
explained the changes in the operations.
be reduced but feels this is a
has concerns for a long-time
PAGE 8
APRIL 1, 1996
employee. Director Coleman said one employee retired and was not
replaced, another left in January and was not replaced, and another
was offered severence pay or another position. When questioned,
Director Coleman explained they did repair manholes, catch basins,
feeder lines, and did some sewer line replacement. Some work was
contracted out and paid for by the City. E.M.C.'s profit is 6 to 8
percent. Mr. Lonnie Cooper asked if this 2-year extension is being
given without bid or interview process? Mayor Galllgan said yes.
Council President Williams then made the motion to pass Resolution No.
96-R-18, seconded by Councilperson Wilder. Councilperson Perkins
asked if this is "kosher"? Attorney Sedwick explained this was
discussed. Following all discussion,
No. 96-R-18 passed unanimously.
Attorney Sedwick presented
the motion to pass Resoltuion
and explained Ordinance No.
96-0R-t9, An Ordinance Amending Ordinance No. 90-0R-60, Commonly
Known As The Jeffersonville Sewer Rate Ordinance, saying this has been
done in the past. Several options such as averaging were discussed.
Director Goldman said the problem is the water meters are not read on
a regular basis. Homeowners that garden may have a seperate meter at
a cost of $57 and receive credit. There is a once a year reduction
for new sod, newly seeded lawn, and swimming pools. An affidavit must
be signed. Mayor Galligan explained this is the best way to offer a
reduction at this point. At the conclusion of all discussion,
Councllperson Wilder made the motion to suspend the rules for
Ordinance No. 96-OR-19, seconded by Councllperson Williams, passing
PAGE 9
APRIL 1, 1996
unanimously. Councllperson Wilder then made the motion to pass
Ordinance No. 96-OR-19 on all three readings, seconded by
Councitperson Ellis, passing on the following roll call vote~
Ayes: Councitpersons Perkins, Ellis, Frantz, Wilder,
and Williams.
Nays: None.
Mayor Galligan
Wilson,
year abatement situation. Mayor Galligan does think the City will
receive a S375,000 grant for the purchase of a fire truck. He also
announced the bridge over Highway 62 will come done about the first of
May. It is looking good for the 9th Street bridge also. The scrap
will be sold.
Councilperson Frantz commented on
next one have an area for the Steamboat
the newsletter asking the
committee. She is glad
Councilperson Wilson
Councilperson Frantz announced
on April 13. She reminds all
Waste Board meeting.
"dragged" her to a Steamboat Commltte meeting.
an Earth Day Expo at River Falls Mall
of the workshop and announced the Solid
Councilperson Perkins congratulates Fire Chief Smith, his
committee and Councilpersons Conlin and Wilder for the hard work and
the trip to Indianapolis regarding the grant for the fire truck.
Councitperson Perkins realizes Jeff Boat is the oldest and largest
employer but he has received numerous complaints about the paint
overspray on vehicles North of Market Street. There is an unbelieable
number of Ordinances concerning body shops. He does not feel he can
let the complaints regarding Jeff Board go unanswered. Mayor Galligan
apologized for his change of mind on the 5
PAGE 10
APRIL t, 1996
does agree. Councllperson Frantz is receiving similar complaints with
the trains going to Jeff Boat blowing whistles late at night. It is
believed this is a federal regulation. Councitperson Perkins will ask
representatives of Jeff Boat to a meeting.
Councilperson Ellis is concerned regarding the large pieces
of concrete falling from the 14th Street overpass. Councilperson
Ellis then read the list of DARE graduations in Clarksvilte. Officer
Woods explained there will be a DARE program in Jeffersonville next
year.
Council President Williams announced the next Business
Government Exchange will be April 10. He received a letter from KIPDA
regarding a workshop. Council President Williams said there has been
a Department of Redevelopment Revolving Loan for the Common Building.
He is looking for more development of property downtown. He asks all
to contact him regarding the agenda for the workshop.
There being no further business to come before the Council,
Councilperson Perkins moved to adjourn at 9:40 o'clock P.M. seconded
by Councllperson Wilson and unanimously carried.
MA~OR THOMAS
ATTEST~ /
CLERK AND TREASURER C. ~HARI SPENCER JR.