HomeMy WebLinkAbout09-13-2004 COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
September 13, 2004
The Common Council of the City of Je£fersonville, Indiana met in regular session
in the Multi-Purpose Meeting Room in the City-County Building, Jeffersonville, Indiana,
at 7:30 P.M. on Monday, September 13, 2004.
Mayor Rob Waiz, with Clerk Treasurer Peggy Wilder at the desk, called the
meeting to order. Also present were City Attorney Les Merkley and Deputy Clerk
Barbara Hollis. Mayor Waiz welcomed all in attendance, asking all those present to stand
as Councilperson Perkins gave the invocation. Mayor Waiz then asked all those present
to join him in the pledge of allegiance to the flag.
The roll was called and those present were; Councilpersons John Perkins, Ed
Zastawny, Keith Fetz, Connie Sellers, Barbara Wilson, Run Grooms, and Phil McCauley.
Absent: None
Cotmcilperson Sellers made the motion to approve the agenda with the addition of
agenda item #15A Construction Site Runoff Ordinance, #15B Stormwater Illicit
Discharge Ordinance, and #15C Maximum Levy Appeal Resolution, second by
Councilperson Grooms, passing on a vote of 7-0.
Clerk Treasurer Wilder presented thb claim list with one additional claim in the
amount of $1,000 for consideration by the Council. Following discussion, Councilperson
Perkins made the motion to approve the claims with the addition of the $1,000, and the
deletion of the Walnut Ridge claim from the Riverfront Fund, seconded by
Councilperson Sellers passing on a vote of 7-0.
PUBLIC COMMENT:
Mr. Robert Roth, 2116 Hamburg Pike, expressed concern regarding a drainage
problem that has caused damage to his driveway. He feels the sewer contractor should be
responsible. Mayor Waiz will look into the matter
Mr. Ron Smith feels it is utterly ridiculous for the Council to consider moving
City offices to the Quadrangle. He feels the biggest bargain is to leave the offices where
they are.
September 13, 2004 2
DEPARTMENT HEAD REPORTS:
Mr. Nathan Samuels, Department of Redevelopment Commission member,
reviewed a report from the Hoagland Group regarding the Quartermaster. The first tenant
will be Ottawa University on October 1. Others are to follow. He is excited about the
new tenants. The Redevelopment Commission is focusing on Veterans Parkway. The
Commission is interested in supporting any thoughts to move Jeffersonville forward.
AGENDA ITEMS:
Mayor Waiz said he has been looking at a sewer rate increase since February.
The original proposed rate increase from Crowe Chizek was for a 55% increase; it is now
down to 35%. Mayor Waiz then introduced Mr. Jorge Lanz of Jacobi, Toombs and Lanz,
Mr. Mark Sneeve representing Strand & Associates, and Mr. John Skomp representing
Crowe Chizek. Mr. Lanz in his presentation said this is a proactive 20~year plan for the
City. Mr. Sneeve gave a power point presentation of the problems and proposed
corrections and expansion. Mr. John Skomp gave a financial overview for a $67 million
20-year project; $30 million for expansion and $37 million for upgrades. Mr. Larry
Wilder, attorney, reviewed an agreement between Gilmore Construction and The City of
Jeffersonville. Mr. Wilder urged the Council to pass the proposed Ordinance.
Councilperson Grooms asked it EDIT funds could be used for this purpose. Mr. Skomp
said some areas have used EDIT funds to support infrastructure improvements for a
specific project. Council President McCaule~ said he would like to see a tap-in fee
increase study.
PUBLIC HEARING:
Mr. Grant Morten said he has a connection with the Hughes Group. He is not so
opposed to the rate increase as to what will be done with it. He would like the City to
look at State Revolving Loan Funds.
Mr. Ron Smith asked who will sue if tap-in fees are increased. He was told it
would be builders. The Council needs to get busy and raise the tap-in fees closer to
surrounding communities.
Mr. Tony Lytle asked if there were arrears in sewer fees, suggesting the water be
turned off for those that don't pay the sewer bill. Mayor Waiz is going to address the
fees that are in arrears. Mr. Lytle does have a concern for the elderly.
September 13, 2004 3
Mr. C. F. Koerner is concerned for rental property owners. He has no problem
with the sewer bill but says quit tacking on other fees.
Mr. Charlie Reisert appeared before the Council representing the Cherry Hill
Association of 260 households. Thc association appreciates the help and cooperation
fi'om the City. He does commend the City for facing problems. He is concerned for
those on fixed incomes asking the increase be done gradually. Mr. John Skomp said a
public hearing would have to be held with each increase.
Ms. Patricia Lowery asked if the increase would go to apartment buildings. She
was told the increase would go to each water meter reading.
Mr. Jay Ellis spoke about unplanned growth (Sprawl). To expand coverage is to
aid growth. He feels the system should be fixed first. There is the EPA issue. Mr. Ellis
would like to know how the new plant relates to the City's comprehensive plan.
Residential growth does cost the City. He would like to have the City look at fixing the
existing plant first and pay for a new plant with impact fees.
Mr. Paul Slider spoke of the hardship on those on fixed incomes with the added
wheel tax, and increases in health insurance and Medicare.
Mr. Monty Snelling questions the overflow times. He asks the Council to take
extra time and study all options, urging all to "think outside the box".
Mr. Joseph Morgan asked if the local income tax could be used. He said he had
planned originally to voice opposition to the in6rease, but it looks like users will ipay
more down the road if rates are not increased now.
As there was no more public comment to be heard, a recess was called for at
10:20 P.M.
The meeting resumed at 10:30 P.M.
Mayor Waiz said he appreciated all the hard work that has been done on the sewer
rate information noting an IDEM official had also been to Jeffersonville. This is a very
serious matter, Councilperson Perkins made the motion to table until the next meeting,
Ordinance No. 2004-OR-46, An Ordinance Amending Portions Of Ordinance No. 98-
OR-26 Establishing Sewer Rates For The City of Jeffersonville, second by Councilperson
Sellers, failing on the following roll call vote:
Ayes: Councilpersons Perkins and Sellers.
September 13, 2004 4
Nays: Councilpersons Zastawny, Fetz, Wilson, Grooms, and McCauley.
Councilperson Fetz then made the motion to pass Ordinance No. 2004-OR-46 on
the second and third readings saying it is his intention to vote against passage, second by
Councilperson Grooms. Council President McCauley expressed fears if this is delayed as
he does not feel bonds can be floated at an increase below 35%. He feels the City is on
dangerous grounds. Defeat of this Ordinance is dangerous and reckless. Councilperson
Perkins said his district will be the hardest hit by an increase. It would be hypocritical to
vote against the increase as the need for improvement is the most in his district. Mayor
Waiz stated it would be a irresponsible and reckless decision to turn this increase down,
suggesting the Sewer Board may be discussing a moratorium on tap ins at its next
meeting. The following roll call vote was taken to pass Ordinance No. 2004-OR-46 on
the second and third readings:
Ayes: Councilpersons McCauley, Wilson, and Perkins.
Nays: Councilpersons Grooms, Sellers, Fetz, and Zastawny.
Councilpersons Grooms and Sellers voted no, noting the need for more
information.
Mayor Waiz then asked if information meetings need to be conducted in
Councilperson's homes? Council President McCauley said he understands the Mayor's
anger, but does defend the Council's work ethic.
Clerk Treasurer Wilder reviewed the changes to Ordinance No. 2004-OR-52,
2005 Budget Ordinance. This does include a 3% salary increase. Council President
McCauley reviewed the work to this point noting it is currently $125,000 over the
maximum levy. Councilperson Perkins made the motion to pass Ordinance No. 2004-
OR-52 on the second reading, second by Council President McCauley, passing on a vote
of 7-0.
Ordinance No. 2004-OR-53, An ordinance Fixing Basic Salaries Of Appointed
Officers And Employees Of The City of Jeffersonville, Indiana For The Year 2005 was
presented. Councilperson Perkins made the motion to pass Ordinance No. 2004-OR-53
on the first reading, second by Councilperson Zastawny, passing on a vote of 7-0.
Clerk Treasurer Wilder explained the need for passage of Resolution No. 2004-
OR-24, A Resolution Of Additional Appropriation. Councilperson Perkins made the'
September 13, 2004 5
motion to pass Resolution No. 2004-R-24, second by Councilperson Wilson, passing on a
vote of 7-0.
Clerk Treasurer Wilder next explained the need for passage of Ordinance No.
2004-OR-54, An Ordinance Transferring Surplus Funds From The Cumulative Capital
Improvement Fund To The General Fund. Councilperson Perkins made the motion to
pass Ordinance No. 2004-OR~54 on the first reading, second by Council President
McCauley, passing on a vote of 7-0.
City Attorney Merkley explained the need for passage of Ordinance No. 2004-
OR-55, Stormwater Illicit Discharge Control Ordinance. Councilperson Perkins made
the motion to pass Ordinance No. 2004-OR-55 on the first reading, second by
Councilperson Wilson, passing on a vote of 7-0.
City Attorney Merkley next explained the need for passage of Ordinance No.
2004-OR-56, Construction Site Runoff Control Ordinance. Councilperson Wilson made
the motion to pass Ordinance No. 2004-OR-56 on the first reading, second by
Councilperson Sellers, passing on a vote o~' 7-0.
Council President McCauley explained the need for passage of Resolution No.
2004-R-25, Resolution To Appeal Maximum Levy. Council President McCauley made
the motion to pass Resolution No. 2004-R-25, second by Councilperson Grooms, passing
on a vote of 7-0.
CLERK TREASURER COMMENTS:
COUNCIL AND MAYOR COMMENTS:
Councilperson Perkins asked if one Councilperson that voted nay on Ordinance
No. 2004-OR-46 (Sewer Rates) would consider abstaining. Councilperson Grooms said
he does not have concerns that rates have to be raised and sewers have to be fixed, he is
not convinced this is the right way. Councilperson Perkins said there are many
problems, a rate increase is coming and the longer it is put off the more it will cost.
Following discussion, Councilperson Sellers made the motion to reconsider Ordinance
No. 2004-OR-46, second by Council President McCauley, passing on the following roll
call vote.
Ayes: Councilpersons Perkins, Sellers, Wilson, and McCauley.
Nays: Councilpersons Zastawny, Fetz, and Grooms.
September 13, 2004 6
Councilperson Perkins made the motion to table Ordinance 2004-OR-46 until the
next meeting, second by Council President McCauley, passing on the following roll call
vote:
Ayes: Councilpersons McCauley, Wilson, Sellers, and Perkins.
Nays: Councilpersons Grooms, Fetz, and Zastawny.
Councilperson Wilson said she will have copies from the Parks meeting for the
Council next Monday. Councilperson Wilson said the dedication of the Warder Park
gazebo last Friday night was nice.
Council President McCauley said he respects all viewpoints. The council has
worked hard at trying to live up to their elected responsibilities. The proposed increase
only has been tabled, not the construction ora new plant. If he thought that was the vote
tonight he would have voted the other way. He commends the courage of the Council.
As there was no further business to co~e~cil,--//the meeting was
adjourned 11:25 P.M.
ROBERT L. WAIZ,.qVIA¥OR-
ATTEST:
PEG-G'Y k~i~DER, CLERK AND TREASURER
NOTICE
TO ALL PERSONS CONCERNED
Notice is hereby given that on September 13, 2004 at 7:30 o'clock p.m. in the Multi-
Purpose Hearing Room on the Third Floor of the City-County Building at 501 ~-ast Court Avenue,
Jeffersonville, Indiana, the Common Council of the City of Jeffersonville, Indiana, intends to
consider Ordinance No. 2004-OR-46, An Ordinance Amending Portions of Ordinance No. 98-OR-
26, which, if adopted, would increase the rates and charges to customers of the City of
Jeffersonville Indiana, Sewage Works Utility. The proposed rates are as follows:
(a) Metered Water Users:
The sewage rates and charges shall be based on the quantity of water used on or in the
property or premises subject to such rates and charges, as the same is measured by the water
meter there in use, subject tO a minimum charge, except as herein otherwise provided. For the
purpose of billing and collecting the charges for sewage service, the water meters shall be read
periodically, either monthly or such other period as is established by the Board of pUblic Works.
The water usage schedule on which the amount of said rates and charges shall be determined is
as follows:
(1) inside the City limits of the City of Jeffersonviile:
(i)
Metered Rates:
Average Quantity of
Water Used Per Month
First 1000 cubic feet
1001 to 11,000 cubic feet
Over 11,000 cubic feet
(ii) Minimum Charge
Monthly Rate Per
100 Cubic Feet
Char.q~
$ 3.36
$3.13
$ 2.89
Rate Per Month
Charf:le
Per month
$ 11.66
(2)
Outside the City limits of the City of Jeffersonvitle
Metered Rates:
Average Quantity of
Water Used Per Month
First 1000 cubic feet
1001 to 11,000 cubic feet
Over, 11,000 cubic feet
(ii) Minimum Charge
Monthly Rate Per
100 Cubic Feet
Charg~
$ 5,04
$ 4.71
$ 4.58
Rate Per Month
Charqe
Per month $ 17.48
lb) Unmetered Water Users:
For single family residential users of the sewage works that are unmetered water users or
for whom accurate meter readings are not available, the monthly charge shall be
determined as an average of single family dwelling units, except as herein provided.
Sewage service bills shall be rendered once each month. The rate shall be as follows:
(1) Inside the City limits of the City of Jeffersonville:
(2)
.Charqe
Per month $ 24.35
Outside the City limits of the City of Jeffersonville:
_Charqe
Per month $ 36.48
Normal domestic waste strength sewage should not exceed a biochemical oxygen
demand of 244 milligrams per liter of fluid, suspended solids in excess of 233 milligrams
Per liter of fluid or ammonia nitrogen in excess of 20 milligrams per liter of fluid.
Additional charges for treating stronger-than-normal domestic waste shall be made on
the following basis:
(1) Rate Surcharqe Based Upon Suspended Solidc
There shall be an additional charge of 30 cents per pound of suspended solids
for suspended solids received in excess of 233 milligrams per liter of fluid.
(2) Rate Surcharqe Based Upon BCD
There shall be an additional charge of 30 cents per pound of biochemical oxygen
demand for BCD received in excess of 244 milligrams per liter of fluid.
(3) Rate Surcharqe Based Upon NH3N
There shall be an additional charge of 1.01 cents per pound of ammonia for
NH3N received in excess of 20 milligrams per liter of fluid.
All interested persons are invited to attend and be heard regarding this matter. This
Jeffersonville Common Council meeting may be continued from time to time as found necessary.
The Jeffersonville Common Council may take official action at the conclusion of debate at this
meeting. This ordinance is available for public view in the office of the Clerk and Treasurer, City-
County Building, Room 421, Monday through Friday from 8:30 a.m. to 12:00 Noon, and from 1:00
p.m. to 4:00 p.m., and will be in full force and effect upon its timely promulgation.
Such notice given and posted this 13th day of August ,2004.
.
Peggy Wil~'"'~.) ~
Jeffersonville Clerk-Treasurer
NOTICE
TO ALL PERSONS CONCERNED
Notice is hereby given that on September 13, 2004 at 7:30 o'clock p.m. in the Multi-
Purpose Hearing Room on the Third Floor of the City-County Building at 501 ~-ast Court Avenue,
Jeffersonville, indiana, the Common Council of the City of Jeffersonville, indiana, intends to
consider Ordinance No. 2004-OR-46, An Ordinance Amending Portions of Ordinance No. 98-OR-
26, which, if adopted, would increase the rates and charges to customers of the City of
Jeffersonville indiana, Sewage Works Utility. The proposed rates are as follows:
(a) Metered Water Users:
The sewage rates and charges shall be based on the quantity of water used on or in the
property or premises subject to such rates and charges, as the same is measured by the water
meter there in use, subject to a minimum charge, except as herein otherwise provided. For the
purpose of billing and collecting the charges for sewage service, the water meters shall be read
periodically, either monthly or such other period as is established by the Board of Public Works.
The water usage schedule on which the amount of said rates and charges shall be determined is
as follows:
(1)
inside the City limits of the City of Jeffersonville:
(i)
Metered Rates:
Average Quantity of
Water Used Per Month
First 1000 cubic feet
1001 to 11,000 cubic feet
Over 11,000 cubic feet
(ii) Minimum Charge
Monthly Rate Per
100 Cubic Feet
Charge
$ 3.36
$3.13
$ 2.89
Rate Per Month
Charf:le
Per month
$ 11.66
(2)
Outside the City limits of the City of Jeffersonville
(i)
Metered Rates:
Average Quantity of
Water Used Per Month
First 1000 cubic feet
1001 to 11,000 cubic feet
Over 11,000 cubic feet
(ii) Minimum Charge
Monthly Rate Per
100 Cubic Feet
Charge.
$ 5.04
$ 4.71
$ 4.58
Rate Per Month
Charqe
per month $ 17.48
(b) Unmetered Water Users:
For single family residential users of the sewage works that are unmetered water users or
for whom accurate meter readings are not available, the monthly charge shall be
determined as an average of single family dwelling units, except as herein provided.
Sewage service bills shall be rendered once each month. The rate shall be as follows:
(1) Inside the City limits of the City of Jeffersonville:
(2)
Charqe
Per month $ 24.35
Outside the City limits of the City of Jeffersonville:
Charqe
Per month $ 36.48
Normal domestic waste strength sewage should not exceed a biochemical oxygen
demand of 244 milligrams per liter of fluid, suspended solids in excess of 233 milligrams
per liter of fluid or ammonia nitrogen in excess of 20 milligrams per liter of fluid.
Additional charges for treating stronger-than-normal domestic waste shall be made on
the following basis:
(1) .Rate Surcharqe Based Upon Suspended Solidc
There shall be an additional charge of 30 cents per pound of suspended solids
for suspended solids received in excess of 233 milligrams per liter of fluid.
(2) .Rate Surcharqe Based Upon BOD
There shall be an additional charge of 30 cents per pound of biochemical oxygen
demand for BOD received in excess of 244 milligrams per liter of fluid.
(3) Rate Surcharqe Based Upon NH3N
There shall be an additional charge of 1.01 cents per pound of ammonia for
NH3N received in excess of 20 milligrams per liter of fluid.
All interested persons are invited to attend and be heard regarding this matter. This
Jeffersonville Common Council meeting may be continued from time to time as found necessary.
The Jeffersonville Common Council may take official action at the conclusion of debate at this
meeting. This ordinance is available for public view in the office of the Clerk and Treasurer, City-
County Building, Room 421, Monday through Friday from 8:30 a.m. to 12:00 Noon, and from 1:00
p.m. to 4:00 p.m., and will be in full force and effect upon its timely promulgation.
Such notice given and posted this 13th. day of. August ,2004.
Jeffersonville Clerk-Treasurer
NOTICE.
TO ALL PERSONS CONCERNED
Notice is hereby given that on September 13, 2004 at 7:30 o'clock p.m. in the Multi-
Purpose Hearing Room on the Third Floor of the City-County Building at 501 East Court Avenue,
Jeffersonville, Indiana, the Common Council of the City of Jeffersonville, indiana, intends to
consider Ordinance No. 2004-OR-46, An Ordinance Amending Portions of Ordinance No. 98-OR-
26, which, if adopted, would increase the rates and charges to customers of the City of
Jeffersonville Indiana, Sewage Works Utility. The proposed rates are as follows:
(a) Metered Water Users:
The sewage rates and charges shall be based on the quantity of water used on or in the
property or premises subject to such rates and charges, as the same is measured by the water
meter there in use, subject to a minimum charge, except as herein otherwise provided. For the
purpose of billing and collecting the charges for sewage service, the water meters shall be read
periodically, either monthly or such other period as is established by the Board of Public Works.
The water usage schedule on which the amount of said rates and charges shall be determined is
as follows:
(1) inside the City limits of the City of Jeffersonvil~e:
(i)
Metered Rates:
Average Quantity of
Water Used Per Month
First 1000 cubic feet
1001 to 11,000 cubic feet
Over 11,000 cubic feet
(ii) Minimum Charge
Monthly Rate Per
100 Cubic Feet
Charge.
$ 3.36
$3.13
$ 2.89
Rate Per Month
Charge_
(2)
Per month
Outside the City limits of the City of Jeffersonville
(i) Metered Rates:
Average Quantity of
Water Used Per Month
First 1000 cubic feet
1001 to 11,000 cubic feet
Over 11,000 cubic feet
(ii) Minimum Charge
$ 11.66
Monthly Rate Per
100 Cubic Feet
.Charge
$ 5.04
$ 4.71
$ 4.58
Rate Per Month
Charqe
Per month $ 17.48
(b) Unmetered Water Users:
For single family residential users of the sewage works that are unmetered water users or
for whom accurate meter readings are not available, the monthly charge shall be
determined as an average of single family dwelling units, except as herein provided.
Sewage service bills shall be rendered once each month. The rate shall be as follows:
(1) Inside the City limits of the City of Jeffersonville:
(2)
C~harae
Per month $ 24.35
Outside the City limits of the City of Jeffersonville:
Charae
Per month $ 36.48
Normal domestic waste strength sewage should not exceed a biochemical oxygen
demand of 244 milligrams per liter of fluid, suspended solids in excess of 233 milligrams
per liter of fluid or ammonia nitrogen in excess of 20 milligrams per liter of fluid.
Additional charges for treating stronger-than-normal domestic waste shall be made on
the following basis:
(1) _Rate Surcharqe Based Upon Suspended Solids
There shall be an additional charge of 30 cents per pound of suspended solids
fOr suspended solids received in excess of 233 milligrams per liter of fluid.
(2) Rate Surcharqe Based Upon BOD
There shall be an additional charge of 30 cents per pound of biochemical oxygen
demand for BOD received in excess of 244 milligrams per liter of fluid.
(3) Rate Surcharqe Based Upon NH3~N
There shall be an additional charge of 1.01 cents per pound of ammonia for
NH3N received in excess of 20 milligrams per liter of fluid.
All interested persons are invited to attend and be heard regarding this matter. This
Jeffersonville Common Council meeting may be continued from time to time as found necessary.
The Jeffersonville Common Council may take official action at the conclusion of debate at this
meeting. This ordinance is available for public view in the office of the Clerk and Treasurer, City-
County Building, Room 421, Monday through Friday from 8:30 a.m. to 12:00 Noon, and from 1:00
p.m. to 4:00 p.m., and will be in full force and effect upon its timely promulgation.
Such notice given and posted this _13th day of August _, 2004.
r'eggy wil~e_~J '
Jeffersonville Clerk-Treasurer