HomeMy WebLinkAbout10-01-01OCTOBER 1, 2001
COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
OCTOBER 1, 2001
The Common Council of the City of Jeffersonville, Indiana met in regular session in Ihe
Multi-Purpose Meeting Room in the City-County Building, Jeffersonville, Indiana at :00
P.M. on the 1st day of October, 2001.
Council President Les Merkley called the meeting to order, with Clerk and Treast~er
" -lerk Barbara Hollis Council President
Peggy Wilder at the desk. Also present was ~Jeputy C ·
In
Merkley welcomed all in attendance, asking all those present to stand as Councilperson Ro
Ellis gave the invocation. Council President Merkley 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 Les Merkley, Ron Ellis,
Denny Frantz, Rob Waiz, Ron Grooms, and Vicki Conlin.
Absent: Councilperson Barbara Wilson.
Councilperson Waiz made the motion to approve the agenda as presented, seconded by
Councllperson Grooms, passing unanimoUSly.
No minutes were presented for approval.
Clerk and Treasurer Wilder presented the claim list for consideration by the Council.
Councilperson Waiz made the motion to approve the claims as presented, seconded~ by
Councilperson Ellis, passing unanimously.
/
PUBLIC COMMENT: /
Ms. Judy Bartram, Clark County Youth Coalition, appeared before the Comac!il
requesting a donation for the Drug Store Project to be held during Red Ribbon Week.! Ms.
Bartram explained the program that will be presented to 6th grade students in Clark Comaty.
- h k d th Clark Count Council I for
Councitperson Grooms asked if Ms. Bartram as as e e Y
assistance. Ms. Bartram replied she had not. Councilperson Ellis said he has talked with Ms.!
Bartram and would like to encourage education regarding 'the horrors of chugs. Ms.
Councilperson Ellis made the
Bartmm explained a grant was applied for but was denied.
motion to approve a donation of $500 fi:om the Council Special Projects, secondedI by
Councilperson Frantz, passing on a vote of 5-0. Council President Merkley did not vote.
ocTOBER 1, 2001 2
· ' Warnin S stem
Mr. John Hartstern appeared before the Councd to explained the Early g Y I
Project· This is a three county (Floyd, Harrison, and Clark) project that will cost $1,200,000.
Mr. Hartstern explained the foundation that is financing the project that is moving forwar .
Mr. Hartstern asks the Council to encourage contribution to the foundation from vendors.
AGENDA ITEMS:
Council President Merkley presented and explained Ordinance No. 2001-OR-31,
Ordinance Amending Certain Portions of Section 1 Of Ordinance No. 2000-OR-39.
Councilperson Waiz made the motion to pass Ordinance No. 2001-OR-31 on the second ~ md
third readings, seconded by Councilperson Conlin, passing on a vote of 44-1.
Councilperson Ellis abstained and Council President Merkley did not vote·
Councilperson Grooms presented and read aloud portions of Resolution No. 2001-R. ~6,
A Resolution Of The Council Of The City Of Jeff~rsonville, Indiana Supporting Yhe
Transference Of Land At The Charlestown Ammunition Plant By The U.S. Army To ?he
Indiana Department Of Natural Resources. Councilperson Grooms is a member of the R vet
Ridge Resort Committee and has camped at the Park. This comes as a request fi.om the
Charlestown Council President. Councilperson Grooms made the motion to pass Resolul ion
No. 2001-R-26 with the insertion of "to the Indiana Department Of Natural Resources"! in
the last paragraph, seconded by Councilperson Conlin, passing on a vote of 5-0· Council
President Merkley did not vote. 1 ase for
Councilperson Grooms said he is under the impression the City does not have a e
Eastlawn School. Councilperson Conlin said she did visit the facility and found that 64 H'.~ad
Start students are receiving home services due to the uncertainty of the remodetng.
Councilperson Grooms does have reservations of the draft of the lease that he has se en.
Council President Merkley said he has asked City Attorney Galligan for an executive ses~, ion
before the next Council meeting.
Mr. John Kraft, Attorney representing Tri, Sprig Development Company, LLC, appeared
before the Council to request passage of Ordinance No. 2001-OR-32, An Ordinance
Amending The Zoning Ordinance Of Jeffersonville, Indiana. Attorney Kraft explained ithe
area. The Plan Commission gave a favorable recommendation to the request. Fo ou ing
discussion and questions, Councilperson Grooms made the motion to pass Ordinance ~1o.
OCTOBER 1, 2001
2001-OR-32. The motion failed due to a lack of a second. Attomey Kraft requested this
placed on the agenda for the next meeting.
COUNCIL AND MAYOR COMMENTS:
Council President Merkley noted the resignation of Mike Barnes from SIEDC. A sea~/ch
is on for his replacement. The bill for the recent SIEDC breakfast will be on the next claim/
list. Council President Merkley has received a letter fi.om City Attorney Galligan regarding
passage of an open burning ordinance. This will be on the agenda for the next meeting. The
bill from American Legal for the codification of City Ordinances is $6,316. There is a need/
to fred an appropriation area to pay this bill. Councilperson Conlin suggests requesting funds
fi.om departments such as Building Commission and Planning and Zoning. This also will be
on the agenda for the next meeting. Council President Merkley said the I.A.C.T. Confere ~ce
he attended in Merriville was one of the best conferences he has attended. It was m ~re
geared for Council. Council Presidem Merkley announced there will be an execul ive
meeting at 6:00 P.M. on October 15, 200i in the Conference Room.
Councilperson Conlin suggests a workshop in November for discussion of the Workfc rce
Investment Board.
Councilperson Ellis requests the current open burning ordinance be included in the ~ext
Council packet. I
There being no further business to come before the Council, the meeting was adjourhed
at 8:00 P.M.
THOMAS R. GALLIG~
ATTEST:
PEGGY WILDER, CLERK AND TREASURER
3
DEPARTMENT OF LAW
ANNE MARIE GALLIGAN
City Attorney
812 - 285 - 6491 office
812 - 285 - 6468 fax
galllgan@mainlink.net
City - County Building
501 E. Court Avenue
Jeffersonville, Indiana 47130
Les Merkley
City Council
538 E. Court Avenue
Jeffersonville, IN 47130
Re: Open Burning Ordinance
Dear Les:
Thomas R. Galliga!
Mayor
Enclosed please find a copy of a proposed Open Burning Ordinance for your review.
One of the requirements for the $12,500.00 grant the City is receiving to purchase the
leaf vacuum is the adoption of an open burning ordinance. The enclosed ordinance is
based on IDEM's model ordinance and I believe this is the ordinance the Council should
· adopt.
If you have any suggestions or changes, please let me know. Otherwise, I will put this on
the next meeting agenda.
Yours very truly,
Anne Marie Galligan
City Attorney
AMG/slk
Enclosure
cc: Members of City Council
An equal opportunity employer.
ORDINANCE NO..
"An Ordinance repealing Section 92.06 of the Code of Ordinances of the City of
Jeffersonville, Indiana," and establishing Opening Burning Regulations for the City of
Jeffersonville, Indiana.
NOW BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
JEFFERSONVILLE, INDIANA:
There is hereby established within Section 92, "FIRE PROTECTION; SMOKE
DETECTORS" the following regulations for open burning (Section 92.06).
Section 1: Purpose.
It is the intent and purpose of this ordinance to promote and maintain the purity of the ai
resource of this City and of the State of Indiana. These actions shall be consistent with
protection of the public health and welfare and the public enjoyment thereof, physical
property and other resources, flora and fauna, maximum employment and full industrial
development of this City and the State.
Section 2: Open Burning, definition.
"Open burning," means the combustion of any matter in the open or in an open dump.
Section 3: Prohibition against open burning.
No person shall open burn any material except as provided in Section 4 of this ordinanc
Section 4.: Exemptions.
A. The following types of fires are permitted, subject to the conditions set forth in
Subsection B of this section:
(1) Fires conducted as part of organized ceremonial flag burning events or
occasions, including by way of example, veteran's organizations.
(2) Fires celebrating school pep rallies.
(3) Fires celebrating scouting activities.
(4) Fires used for recreational and cooking purposes, i.e., camp fires.
(5) Fires used to dispose of clean-burning flood debris.
Bo
(4) Burning of highly explosive or other dangerous materials for which no
alternative disposal method exists or where transportation of such materials is
impossible.
Burning not exempted by Section 4(a) of this ordinance may be permitted with
prior receipt of a variance application and approval of the Board of Public Works
and Safety.
Section 6.
A.
Enforcement and Penalties.
Any person who violates any provision of this ordinance shall be subject to a fine
for each offense as follows:
Section 7:
Section 8:
(1)
(2)
(3)
One-Hundred Dollars ($100.00) for the first offense;
Two-Hundred Dollars ($200.00) for the second offense;
One-Thousand Dollars ($1,000.00) for all additional offenses.
Each day of the existence of any violation of this ordinance shall be a separate
offense.
All prior ordinances or parts thereof inconsistent with any provision of this
ordinance are hereby repealed.
This ordinance shall be in full force and effect from and after its passage,
approval by the Mayor, and publication, all as provided by law.
ADOPTED by the Common Council and APPROVED by me, as Mayor this.
,2001, at p.m.
day of
Section 5:
A.
(6) Farm burning: wood products derived from the following farm
maintenance operations:
(a) burning of fence ro4qs and fields or materials derived therefrom.
(b) Burning of natural growth derived from clearing a drainage ditch.
(c) Burning of limbs and prunings, but only if so diseased or infected
as to present a contamination problem.
(d) Burning of materials derived from clearing of garden plots in the
spring and fall.
(7) A person may open burn clean petroleum products for the purpose of
maintaining or repairing railroad tracks, including the railroad ri~dat-of-
v;ay. A person may not open burn railroad ties.
All exemptions under subsection A of this Section shall be subject to the
following:
(1) Only wood products shall be burned unless otherwise stated herein.
(2) All fires must be attended at all times during burning until completely
extinguished.
(3) A person who open burns any material shall extinguish the fire if the fire
creates a nuisance or fire hazard.
(4) No burning shall be conducted during unfavorable meteorological
conditions such as temperature inversions, high winds or air stagnation.
(5) Asbestos containing materials may not be burned.
(6) All burning must comply with other state and federal laws.
Variances.
Burning with prior approval of the Board of Public Works and Safety may be
authorized for the following:
(1) Burning of refuse consisting of material resulting from a natural disaster.
(2) Burning for the purpose of fire training.
(3) Burning of natural growth derived from a clearing operation, i.e~ removal o
natural growth for change in use of the land.