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HomeMy WebLinkAbout03-20-2006COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA March 20, 2006 The Common coUncil of the Ci!y of Jeffersonville, 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 March 20, 2006. Mayor Rob Waiz, with Clerk ~Treasurer Peggy Wilder at the desk, called the meeting to order. Also present wer~ City Attorney Les Merkley and Deputy Clerk Barbara Hollis. Mayor Waiz welcomed all in attendance, asking all those present to stand as Councilperson Grooms 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, Phil McCauley, and Ron Grooms. Absent: None. Following discussion, Conncil~erson Sellers made the motion to table agenda item #10, replacing it with a Resolution regarding the Department of Law, second by Councilperson Perkins, passing on a vote of 7-0. Mayor Waiz presented the minutes for approval. Council President Wilson made the motion to approve the minutes of ~January 25, 2006 with the change of the day from Monday to Wednesday, second by Councilperson Sellers, passing on a vote of 7-0. Council President Wilson made the motion to approve the minutes of February 27, 2006 with the correction of the spelling of Tax on page two, second by Councilperson Perkins, passing on a vote of 7-0. Council president Wilson made the motion to approve the minutes of March 6, 2006 (7:30) as p~esented, second by Councilperson Sellers, passing on a vote of 7-0. Council President Wilson then made the motion to approve the minutes of the meeting of March 6, 2006 (5:30), as presented, second by Councilperson McCauley, passing on a vote of 7-0. Clerk TreasUrer Peggy Wilder: presented the claim list, explaining two additional claims payable to CDW, for consideration by the Council. Councilperson Fetz made March 20, 2006 2 the motion to approve the claims as ~resented, second by Councilperson McCauley, passing on a vote of 7-0. PUBLIC COMMENT: Mr. Derek Spence commented on the method used to close the alley approved at the last meeting. Mr. Spence also noted the white house on Meigs is getting worse, asking if anything can be done with it. Mr. Mike Hutt informed thei Council he had attended an auction this past weekend. There was a lot of Jeffersonville memorabilia sold that would have been nice in a museum. Mr. Hutt also noted thC Slone property on Highway 62 is for sale. Mr. Hutt fells this would be a good area fora fire station and/or the City garage. AGENDA ITEMS: Councilperson Sellers introduced and read aloud Resolution No. 2006-R-21, A Resolution In Support Of An Independent Review Of The Fees And Salary Of The Jeffersonville Department Of Law. C~uncilperson Perkins said he in support of this as it will clarify and clear the air to be ablelto move on. Councilperson Fetz is also in support of a review for determination of bes{ practice, "not as a witch hunt". Councilperson Grooms asked Councilperson McCauley to make a statement as he has reviewed the claims. Councilperson McCauley has done a review for the purpose of categorizing. His determination would be the claims art consistent. He would not use the word irregular. Councilperson Perkins said he would ~se the word irregular. Some of the time spent on MedVenture work was billed to the Sanitary Sewer Board. He does not feel the time was not spent; he questions the billing to ithe Sanitary Sewer Board. City Attorney Merkley said it has been the practice of the City paying one half and the Sewer paying one half. Councilperson Perkins made the motion to pass Resolution 2006-R-21, second by Councilperson Fetz, failing on the follbwing roll call vote: AYES: Councilpersons Perkins, Fetz,~ and Sellers. NAYS: Councilpersons Zastawny, Wilson, Grooms, and McCauley. City Attorney Merkley explaifled the need for passage of Resolution No. 2006-R- 22, A Resolution To Advertise For An Additional Appropriation From The General Fund For The Law Department. Councilperson Grooms made the motion to pass Resolution No. 2006-R-22 in order to honor the contract, second by Councilperson McCauley. March 20, 2006 3 Councilperson Fetz said he would n~t approve an additional appropriation until an independent review has been done. He does not have a problem with approving the advertising. Clerk Treasurer Wilder eXplained the State Board of Accounts requires that bond proceeds be in the Salary O~dinance. Councilperson Perkins concurs with Councilperson Fetz in regard to approving the advertisement. He does not feel it would obligate the Council to approve the additional appropriation. Councilperson Perkins feels the Mayor does not hire the attorne~ for the Sanitary Sewer Board. Councilperson Grooms feels the Council should be relspectful of the Mayor. Councilperson Fetz asked, "what if the sewer billing was under the control of the Clerk Treasurer's Office". Councilperson Grooms is of the opin!on that is the Mayor's call. The motion to pass Resolution No. 2006-R-22 passed on avote of 7-0. Councilperson Sellers presented and explained Ordinance No. 2006-OR-15, An Ordinance Of Additional Appropriatidn From The General Fund - Professional Services - Animal Shelter. City Council Attorney Greg Filer reviewed the draft of the contract. Councilperson Zastawny feels this is a good idea and he hopes it works. Councilperson Grooms asked if this would be any undue hardship on the Clerk Treasurer's Office. Clerk Treasurer Wilder said it would be n~ different than any other contract. City Council Attorney Filer noted the need for ~dequate controls. Councilperson Grooms raised questions about liability. City Counc}l Attorney Filer explained there would need to be proof of insurance on the private ~ehicle. Following all discussion, Councilperson Sellers made the motion to pass Ordihance No. 2006-OR-15 on the first reading, second by Councilperson Fetz, passmg on a vote of 7- . Clerk Treasurer Wilder explained the need for passage of Ordinance No. 2006- OR-16, An Ordinance Of Additionai Appropriation From The General Fund For The Beautification Committee. Councilperson Perkins made the motion to suspend the rules for Ordinance No. 2006-OR-16, secohd by Councilperson Sellers, passing on a vote of 7- 0. Councilperson Perkins next madeI the motion to pass Ordinance No. 2006-OR-16 on all three readings, second by Council President Wilson, passing on a vote of 7-0. Clerk Treasurer Wilder explained the need for passage of Ordinance No. 2006- OR-17, An Ordinance Of Additionai Appropriation From The EDIT Fund For 8 Police Cars. Councilperson Perkins noted the invoice indicates one red car and one truck. March 20, 2006 4 Mayor Waiz said the red car will be used in the detective division, and he would look into the truck. Councilperson Grooms is under the impression the intent is for 8 patrol cars. Councilperson Fetz stressed the importance of detective cars. Councilperson Perkins does not feel a truck is intended to replace a fleet vehicle. Following all discussion, Councilperson Grooms made the motion to pass Ordinance No. 2006-OR-17 on the first reading, second by Councitperson McCauley, passing on a vote of 6-1. Councilperson Perkins voted against passage. Councilperson Sellers explained the need for passage of Ordinance No. 2006-OR- 18, An Ordinance Of Additional Appropriation From The EDIT Fund For Bob Hedge Park Improvements. Councilperson Perkins made the motion to suspend the rules for Ordinance No. 2006-OR-18, second by Councilperson Sellers, passing on a vote of 7-0. Councilperson Perkins then made the motion to pass Ordinance No. 2006-OR-18 on all three readings, second by Council President Wilson, passing on a vote of 7-0. Councilperson Perkins made the motion to table Ordinance No. 2006-OR-14, An Ordinance Regulating Domestic Or Vicious Animals Within The City Limits Of The City Of Jeffersonville, second by Council president Wilson, passing on a vote of 7-0. City Attorney Merkley explained the need for passage of Ordinance No. 2006- OR-19, An Ordinance Amending 2005-OR-80, Which Amended 2005-OR-53, Which Amended 2006-OR-2, An Ordinance Fixing Basic Salaries Of Appointed Officers And Employees Of The City Of Jeffersonville, Indiana For The Year 2006. Councilperson McCauley made the motion to pass Ordinance No. 2006-OR-19 on the first reading, second by Councilperson Grooms. :Following discussion, the motion passed on the following roll call vote: AYES: Councilpersons McCauley, Grooms, Wilson, Sellers, and Zastawny. NAYS: Councilpersons Fetz and Perkins. City Attorney Merkley explained the need for passage of Ordinance No. 2006- OR-20, City Of Jeffersonville, Indiana Drainage Ordinance. City Attorney Merktey noted the Drainage Board has approved this. Following discussion, Councilperson Sellers made the motion to pass Ordinance No. 2006-OR-20 on the first reading, second by Council President Wilson, passing on a vote of 7-0. March 20, 2006 5 Redevelopment Director Barry Cahill presented, and reviewed, a summary and supporting documents regarding annual abatement fillings (attached). Following discussion, Councilperson Perkins made the motion to start the process to rescind abatements for Kentec, Cintas Corporation, Nova Tube, and Roll Forming, second by Council President Wilson. Councilperson McCanley would like some clarifications. Councilperson Grooms questioned the return of $244,000 to the State. The motion passed on a vote of 7-0. Director Cahill informed the Council there are parties interested in l0th and Spring. There are some legal issues, which may slow progress. It has been suggested that variations of condos be used for the River Falls Hotel. Grant Writer Kathy Haller is looking at programs. Director Ca_hill is leaning to owner-occupied. Director Cahill now has TIF balances and be will meet with Councilperson McCauley on Wednesday. Director Cahill asked 'the Council to consider a sliding scale for the percentage charged for tax abatementi The Redevelopment Commission is not actively marketing the Quadrangle property. This is being handled by Sun Properties. CLERK TREASURER COMMENTS~ Clerk Treasurer Wilder informed the Council the 2006 budget order has been received, giving a general review. COMMITTEE REPORTS: Councilperson Grooms continues to work on a Sanitation Ordinance. Councilperson Grooms reported the City will have to decide if it wishes to continue the recycling program next year as a result of County Commissioner action. CoUncilperson Grooms asks for guidance regarding a donation for the Boys And Girls Club. Councilperson Grooms would like to See television coverage resume. COUNCIL AND MAYOR COMMENTS: Councilperson McCauley informed City Council Attorney Greg Filer there is a seat for him at the table. Councilperson McCauley will be asking the Council to amend Ordinance No. 2006-OR-6 to include Redevelopment approval. Councilperson Sellers reminded all of the golf scramble April 28 to raise funds for the spay/neuter program. Councilperson Sellers questioned Veteran's parkway drainage. Veteran's Parkway is included in the Ordinance passed this evening. March 20, 2006 6 Councilperson Fetz feels he has made it clear that $45,000 a year for a City Attorney is ridiculous. It is not enough. His questioning is not a reflection on the mount of money being paid to the City Attorney. The bigger question lies in the interpretation of the contract. The Council trying to get involved in the rewriting or the clarification process has to fall on the Mayor's shoulders. There are some things that need to be clarified. Councilperson Fetz wants to make sure there is adequate compensation for the City Attorney. He would like some things addressed. He would also like to know if it would be reviewed. He would like the issue of bond issue fees addressed. Mayor Waiz said all would be addressed. Councilperson Zastawny asked about the status of the "top 20" lists. Clerk Treasurer Wilder stated it is being worked on and will be ready soon. Councilperson Perkins attended an IACT sponsored workshop in Indianapolis regarding fringe benefits. He was pleased to hear Jeffersonville and Deputy Suzy Bass complimented. In the future personal cell phone use may have to be taxed. Councilperson Perkins thanked Mr. Derek Spence for his help in moving a concrete flowerpot. Councilperson Perkins said City I.D. cards are needed. Clerk Treasurer Wilder said her office could help. Councilperson Perkins noted the Filson Club has documented there was an Underground Railroad station in Jeffersonville. He feels a plaque is needed. Councilperson Zastawny noted there is no City Limit sign as you enter Jeffersonville from Clarksville on Veterans Parkway. Councilperson Grooms asked City Council Attorney Filer if the Sanitary Sewer Board could hire an attorney. The Salary Ordinance was discussed. Council President Wilson alsb encouraged participation in the Animal Shelter Golf Scramble, noting the importance of raising money for spay/neuter. Councilperson Sellers noted the money raised would help people noting a recent woman that has 18 dogs. Council President Wilson asked if a workshop is needed prior to the next meeting. There will be no workshop. Mayor Waiz invited ali to the Greenway ground breaking to held Wednesday at 11:00 A.M. Mayor Waiz noted Ms. 'Nellie Knowland has been in the hospital. Mayor Waiz wishes all a good night. March 20, 2006 7 As there was no further business to--he Council, the meeting was adjourned 9:35 P.M. ROBERT L. WA2Z, MAYOR A ' ~ PEGGY WILDER, CLERK AND TREASURER March 20, 2006 Common Council State statute allows only a limited amqunt of time for annual abatement fillings to be reviewed or annual approval is in affect automatic. So although I am not requesting any action be taken to rescind any abatements, there are four companies the abatements of whom I believe the Common Council 'should at least review before this forty-five day period expires. Enclosed is a copy of the state code on determining compliance. Please note that noncompliance should only be for reasons beyond control of the property owner. Kentec received five-year real property abatement in 2001 based upon their promise to add six jobs to bring total employment to thirty. In 2001 they reported that they had not added any of the promised six positions. Each year since that time we have sent a reminder letter requesting an annual CF-l; they have not filed a CF-1 since 2001. Again on April 8, 2005 I sent a letter to the property address informing them that we had not received a form CF-I/RE that was necessary for continuing abatement. The letter was not returned by the post office, but I received no response. On September 20, 2005 I sent a return receipt requested letter, no one accepted the letter and it was returned. I have driven by the property and it does have activity and a mailbox, with a trucking company name on it, so I feel confident that someone is receiving our letters. I believe Kentec has not been in business for some time. Cintas Corporation received ten-year real property abatement in October 2002. We have had no communication with them sinc:e. I do not believe they ever purchased land or built any building. Nova Tube received ten-year abatement on real property and five-year abatement on personal property in June 2000 with a~)romise of creating seventy-four new jobs. At that time BN received several benefits frov~ the state. As a part of that package of benefitS the city through the Department of Redevelopment now owes $244,196 to the state. This year they report having twenty-seven jobs. They have written two letters to explain their lack of jobs; copies are attached. Roll Forming received ten-year abatement on real property and five-year abatement on personal property in November 2000 with the promise of creating 210 jobs. They now report having thirty-five jobs. They a!so received a good incentive package when they moved to Jeffersonville. I wrote a letter to RF in September 2005 expressing our concern about a lack ofjobs. Enclosed is their:response. (e) A property owner whose deduction is terminated by the designating body under this section may appeal the designating body's decision by filing a complaint in the office of the clerk of the circuit or superior court together with a bond conditioned to pay the costs of the appeal if the appeal is determined against the property owner. An appeal under this subsection shall be promptly heard by the court xvithout a jury and determined within thirty (30) days after the time of the filing of the appeal. The court shall hear evidence on the appeal and may confirm the action of the designating body or sustain the appeal. The judgment of the court is final and conclusive unless an appeal is taken as in other civil actions. (f) If an appeal under subsection (b) is pending, the taxes resulting from the termination of the deduction are not due until after the appeal is finally adjudicated and the termination of the deduction is finally determined. As added by P.L. 14-1991, SEC 6. Amended by ?.L.90-2002, SEC. 124; P.L.256-2003, SEC 7. IC 6-1.1-12.1-5.9 Version b Determination of substantial compliance with statement of benefits; notice of noncompliance; hearing; resolution; appeal Note: This version of section effective 1-1-2006. See also preceding version of this section, effective until 1-1-2006. Sec. 5.9. (a) This section does not'apply to: (1) a deduction under section 3 of this chapter for property located in a residentially distressed area; or (2) any other deduction under section 3 or 4.5 of this chapter for which a statement of benefits was approved before July 1, 1991. (b) Not later than forty-five (45) days after receipt of the information described in section 5.1 or 5.6 of this chapter, the designating body may determine whether the property owner has substantially complied with the statement of benefits approved under section 3 or 4.5 of this chapter. If the designating body determines that the property owner has not substantially complied with the statement of bene~ts and that the failure to substantially comply was not caused by factors beyond the control of the property owner (such as declines in demand for the property owner's products or services), the designating body shall mail a written notice to the property owner. The ~vritten notice must include the following provisions: (1) An explanation of the reasons for the designating body's determination. (2) The date, time, and place of'a hearing to be conducted by the designating body for the purpose of further considering the property owner's compliance with the statement of benefits. The date of the heating may not be more than thirty (30) days after the date on which the notice is mailed. (c) On the date specified in the notice described in subsection (b)(2), the designating body shall conduct a hearing for the purpose of further considering the property owner's compliance with the statement of benefits. Based on the information presented at the hearing by the property owner and other interested Parties, the designating body shall again determine whether the property owner has madb reasonable efforts to substantially comply with the statement of benefits and whether any failure to substantially comply was caused by factors beyond the control of the property owner. If the designating body determines that the property owner has not made reasonable efforts to comply with the statement of benefits, the designating body shall adopt a resolution terminating the property owner's deduction trader section 3 or 4.5 of this chapter. If the' designating body adopts such a resolution, the deduction does not apply to the next installment of property taxes owed by the property owner or to any subsequent installment of property taxes. (d) If the designating body adopts a resolution terminating a deduction under subsection (c), the designating body shall immediately mail a certified copy of the resolution to: (1) the property owner; (2) the county audifor; and (3) if the deduction applied under section 4.5 of this chapter, the township assessor. The county auditor shall remove the deduction from the tax duplicate and shall notify the county treasurer of the termination of the deduction. If the designating body's resolution is adopted after the county treasurer has mailed the statement required by IC 6-1.1-22-8, the county treasurer shall immediately mail the property owner a revised statement that reflects the termination of the deduction. (e) A property owner whose deduction is terminated by the designating body under this section may appeal the designating body's decision by filing a complaint in the office of the clerk of the circuit or superior court together with a bond conditioned to pay the costs of the appeal if the appeal is determined against the property owner. An appeal under this subsection shall be promptly heard by the court without a jury and determined within thirty (30) days after the time of the filing of the appeal. The court shall hear evidence on the appeal and may confirm the action of the designating body or sustain the appeal. The judgment of the court is final and conclusive unless an appeal is taken as in other civil actions. (f) ][fan appeal under subsection (e) is pending, the taxes resulting from the termination of the deduction are not due until after the appeal is finally adjudicated and the termination of the deduction is finally determined. As added by P.L.!4-199J, SEC. 6. Amended by P.L.90-2002, $EC. 124; P.L.256- 2003, SEC. 7; P.£.193-2005, SEC. 5. DEPARTMENT OF REDEVELOPME,NT 812. 285 - 6406 office 812 - 285 - 6468 fax Ci~<-Counry Building 501 E. Court &venue Jeffersonvitle, Indiana 47130 Robert L Waiz, Jr. Mayor April 8, 2005 Mr. Koss Kinser 4800 Keystone Blvd. Jeffersonville, 1N 47 t 30 Res. No. 2001-R-18 Dear Mr. Kinser: You have tax abatement on real property in the City of Jeffersonville. In order to maintain that abatement, state statute requires that you file a Compliance with Statement of Benefits form CF-I/RE within ~ixty days of yearend. We have not received any such form from you this year. If it was your intention to request the continuance of your abatement, and you have sent the CF-I/RE form as required, please send a replacement copy upon receipt of this letter. If you have sold the property or for some other reason have no desire to continue the abatement, no response is required. If we do not receive a request we will assume you have no further interest in the abatement. We appreciate your time in reviewing this matter. Sincerely, Barry S. Cahill Executive Director of Redevelopment DEPARTMENT OF REDEVELOPMENT 812 - 285 - 6406 office 812- 285 -6468 fax CiTt-Coun? Building 50 ~ E. Court Avenue Jeffersonville~ Indiana 47130 Robert L. Waiz, Jr. Mayor September 20, 2005 Kintec, LLC 4800 Keystone Blvd. Jeffersonville, In. 47130 Dear Sirs: The Jeffersonville Common CounciI would not approve continuing abatement on your property at 4800 Keystone Blvd. in Jeffersonville, 1N. This abatement is of considerable value. No filing ora CF-I/RE has been made since August 2001. You may refer to my enclosed letter of April 8, 2005 reminding you of state requirements for annual filing. If we do not receive your filing in the next 30 days the Jeffersonville Common Council will begin the process of rescinding this abatement. The Common Council and the mayor greatly appreciate Kintec, LLC's inveslxment in Jeffersonville, but abatement on this project is a large financial incentive on the part of Jeffersonville and state law requires the council to review your annual filings in order to approve continuing the abatement which of course is not possible if you fail to file. Please let us hear from your as soon as possible. Very Truly Your~ E~'~utive Director of Redevelopment September 20, 2005 Cathy Summers, Controller Nova Tube Indiana, LLC 1195 Port Road Jeffersonville, I2. 47130 Dear Miss. Summers: The Jeffersonville Common Council would not approve your 2005 CF-1 Statement of Compliance. This abatement was gr&nted in 2000 or five-years ago. At that time your company promised 74 jobs. At the beginning of this year you reported 28 jobs on your CF-1. This of course is far from the number promised. The Council would like to have more information as to the cause of the lack of jobs, what Nova Tube is doing about that, and a number of jobs you can assure us you will have next year and the year after. The Common Council and the mayor greatly appreciate Nova Tube's investment in Jeffersonville, but abatement on this project is a large financial incentive on the part of Jeffersonville and we need to be compensated with jobs in return for that incentive. Please let us hear from your as soon as possible. Very Truly Yours, Barry S. Cahill Executive Director of Redevelopment NOVA TUBE iI%IDIANA October 12, 2005 Mr. Barry CahilI City of leffersonville Department of Redevelopment City-County Building 501 E. Court Avenue Jeffersonville, IN' 47130 Dear Mr. Cahill, We received your letter and understand your concerns. Please let me supply the Mayor, the Common Council, and yourself with our company's history and the issues we have encountered. Company History Nova Tube was originally BethNova Tube, ajoint venture between Novamerican Steel Inc. of Montreal, Canada and the now defunct Bethlehem Steel, Inc of Bethlehem, PA. The justification for this facility was a contract with Dana Corporation in Elizabethtown, Kentaclcy to supply steel tubing to their new Hydrofornxing Facility. The robing is used in Ford Expedition, Lincoln Navigator and Ford Fl50 Frames. We 6ommenced construction in the fourth quarter of 2000. The contract was for 110,000 tons of steel tubing. The contract's size justified investment in steel processing, tube making, and tube finishing equipment. During June 2001 Dana notified us tie hydroformed vehicle frame launch was being delayed. During the delay Dana and Ford substantially redesigned the frames, eliminating half of the tabular blanks we were to supply. The reduction forced us to reformulate 6ur business plan. We could no longer financially justify the steel processing and tube finishing equipment. The tube mill operation went from a plarmed three shifts to two. This resulted in the gdditional 46 positions not being created. Outsourcing of Key Processes Faced with the change we needed a local company to perform our steel processing needs. We selected Voss Clark and we are now on~ of their largest customers. While I cannot quantify it, our business has had a positive impact on their operation and their emplffyrnent levels. Additionally, as with any company, we use many local companies to support us. However, the drastic reduction in the contract pushed us to outsource tasks we originally intended to perform internally. The best example is maintenance. We utilize companies in New Albany and .reffersonville to perform maintenance activities that were originally going to be performed by 1195 Port Road ~, Jeffersonville, IN 4.7130 · Phone: 812-285-9796 o Fax: 812-285-8832 NOVA TUBE i rD ANA Nova employees. Again, the impact does not show up in our employment figures, but local companies have benefited from our existence, and to a greater extent than originally intended. Future Strategy Nova Tube Indiana needs additional business to insure/ts continued survival. Obviously, we are very frustrated with the events described above. Most likely, we would not have built this plant based on the business we now have. We have been forced into new strategic directions to make the facility viable. They wilt resulr in increased investment and employment. They are: t) Laser W-elded Tubular Blanks~Our parent company entered into a joint venture with a leading European Steel Company, to market and manufacture highly specialized tubular blanks. We are currently working on a promising contract for model year 2008 vehicles. l:f we secure the contract it xvilI require a three million dollar investment and ten additional employees. It will be the only machine of its kind in North America. 2) Export Business Mexico-We a~e currently working with an automotive components manufacturer in Mexico to supply tubing for their Monterrey plant. The business will require barge transportation to Brownsville, Texas. The quantifies would justify ten additional employees, lit would also increase our business with Voss Clark by 35 percent. 3) Export Business Canada-We are currently quoting business with several Canadian automotive components companies. The business MI1 require tube finishing equipment, a $500,000 investment and four employees. This is Model Year 2007 and 2008 business. 4) Other Business-We are quoting business with domestic manufacturers. In addition to Budd, Tower, and Dana there are several other automotive facilities being built along the I65 corridor. We are strategically located to supply their needs. Let me close by saying we have been doing everything possible to replace this lost business. The automotive industry is increasingly competitive and as you know domestic automakers are struggling financially. However, we remain committed to making this a more viable f~aei!i~, and increase our positive economic impact i~ leffersonville and the surrounding community. Please direct any questions or cormnents to Chuck Yingst, at 812-285-9796. Sincerely, Chuck Yingst GeneraI Manager Nova Tube Indiana 1195 Port Road ~, Jeffersonville, IN 47130 "Phone: 812-285-9796 ,, Fax: 812-285-8832 BethN Tube September 25, 2003 Mr. Gayle Robinson Executive Director of RedevelOpment City of Jeffersonville 50t East Cour~ Avenue Jeffersonville, IN 47130 Dear Mr. Robinson: Thank you for the time you gave to me on the telephone this afternoon. As I was telling you, on the Form CF-1 submitted on February 20, 2003, section 3 states that the actual number of employees was 12 with 8-9 employees to be added within the next month. Our actual employment as of this date is 25. We are in the process of adding 5 additional employees within the next few weeks4 On the original SB-I filed in 2000, the estimated employment was 74. At the time, we did not know that Dana would have design changes which reduced their tubing needs. The ramping up of production was anticipated for mid 2001. The ramping up did not take place until mid 2002. Adding to that, the down turn in the economy and the events and aftermath of September 11, 2001. I am forwarding a copy of this letter to Mr. Chris Pickwoad, our Chief Fina~cia! Officer i.~ Montreal, Quebec, Canada. Mr. Piclc~'oad is with Novamerican Steel Company. Novamerican Steel Company and Bethlehem Steel Company entered into a joint venture to form BethNova Tube, LLC. At the time, Bethlehem Steel was in Chapter 11 of the U. S. Bankruptcy Code. In early 2003, International Steel Group purchased Bethlehem Steel and became the partner in the BethNova joint venture. Novamerican Steel Company purchased International Steel Group share at the end of June, 2003. We are now solely owned by Novamerican Steel Company and in the process of changing our n~m~ to Nova Tube Indiana, LLC. 1195 Por~ Road · Jeffersonville. IN 47130 · Phone: 812-285-9796 · Fax: 812-285-8832 Page 2 BethNova Tube, LLC Thank you in advance for any help that you can give to our Company in your meeting on October 6, 2003. Sincerely, Cathy Summers Controller Cc: Chris Pickwoad September 20, 2005 Ms. Laura Whelan Roll Forming Corporation P.O. Box 369 Industrial Park Shelbyville, KY 40066-0369 Dear Ms. Whelan: The Jeffersonville Common Council would not approve your 2005 CF-1 Statement of Compliance. This abatement was granted in 2000 or five-years ago. At that time your company promised 210 jobs. At he beginning of this year you reported 9 jobs on your CF-1. We have spoken to you lately and been told that this number now stands at 36 jobs. This of course is far from the number promised. The Council would like to have mor~ information as to the cause of the lack of jobs, what Roll Forming is doing about that, and a number of jobs you can assure us you will have next year and the year after. The Common Council and the mayor greatly appreciate Roll Forming's investment in Jeffersonville, but abatement on this project is a large financial incentive on the part of Jeffersonville and we need to be compensated with jobs in return for that incentive. Please let us hear from your as soon as possible. Very Truly Yours, Barry S. Cahill Executive Director o f Redevelopmefit Indiana State Medical Association 322 Canal Walk Indianapolis, IN 46202-3268 (800) 257-4762 (317) 261-2060 Fax O17) 261-2076 wvav. ismanet.org The lndimm State Medical Association is dedlcamd to Indiana pbysicians and tlleir efforts to ?mvide the best possible health care.for their patients. PRESIDENT Kevin R. Burke, M.D. 0 JeB'ers0nviIle PRESIDENT-ELECT Vidya S. Kora, M.D., Michigan Cily IMMEDIATE PAST PRESIDENT William H. Mohr, M.D. · Kokomo CHAIR OF THE BOARD David J. Welsh, M.D.. Batesville BOARD OF TRUSTEES William R. Penlaud, M.D. · Evansville Caitilin Kelly, M.D.. Bloomington Eli Hallal, M.D. o NcwAlbany David J. Welsh, M.D. · Batesvilk Betty J. Campbell, M.D. · Terre Haute Waylle B. White, M.D. · Connemville Kenny E. Stall, M.D. ~ Franklin Carolyn A. Cunningham, M.D. Indianapolis David E. Wilmot, M.D. · Brova~sburg Gordon M. Hughes, M.D. , Muncie Me~y S. Rookstool, M.D. , Noblesville Vi jay B. Day6, M.D. , Munster John L Yar/ing, M.D. , Loganspon Rhonda L. Sharp, M.D. , Lagrange Brent W. Mohr, M.D. · South Bend Michael C. Sba, M.D. , Indianapolis (Young Physician Socie09 Danielle Hoover · Indianapolis (Resident & Fellow Society) Kellie Park · hldianapotis (Medical Stu&,nt Society) EXECLrEWE DIRECTOR James O. Mctntire RE March 2006- ~he Honorhble Robert L. Waiz, i Mayor of Jeffersonville 501 East COurt Ave., Rom 404 Jeffersonville, IN 47130 Dear Mayor Waiz: On behalf of the Indiana State Medical Association, I would like to commend you and the city council for adopting a smoke free ordinance in our community. We are one:of a hand full of Indiana cities, towns and counties setting an excellent example. As a practicing physician here and as the county health officer, I have witnessed the health complications of smokingl Because of your leadership, many thousands of our citizens will not be subjected to second hand smoke and the toxins it contains. And, just a~ importantly, many current smokers may be encouraged to quit smoking. Your action most assuredly will reduce health care costs over time and save lives! Sincerely, Kevin Burke, M,D. President, Indiana State Medical Association