Loading...
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 PAGE 3 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.