Jeffersonville residents rally against asphalt plant

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October 7, 2008

Jefferson Court resident says pollution from MAC is threatening lives

By DAVID A. MANN The News and Tribune Tue Oct 07, 2008, 01:44 PM EDT

An asphalt plant near the Jefferson Court neighborhood was the subject of scorn Monday, as residents rallied government officials to do what they could to put the plant out of business.

Jefferson Court resident Pat Barrow told council members grime and fumes produced by the facility are a health hazard that threatens the lives of the elderly residents nearby.

“Take a mile walk behind a TARC bus in the morning and you will have walked a mile with me,” Barrow said, referring to the air quality in her neighborhood. “I’ve had to wear a mask because I can’t breathe.”

Barrow laid out how the plant was initially approved, characterizing it as a decision made solely by former Jeffersonville Planning Director Chester Hicks, who worked under former Mayor Rob Waiz.

It was Hicks’ decision to allow the plant to be built there, she said, despite the fact it doesn’t conform to zoning regulations in the neighborhood. A development plan was never presented when the plant was put there during the last few years and no public hearing on the prospect was ever held, she said.

Barrow also pointed out that trees which had formerly served as a filtering system between the industrial area and the neighborhood have been cut down.

“The only filtering system we have left is our lungs,” she said.

Barrow said city officials, including council members, have visited the neighborhood in the last year, yet nothing has been done.

“These are elderly people and I see the city taking the side of a few and ignoring the majority,” she said.

She also spoke against a road that’s being developed in the area, saying that would only bring more asphalt trucks and more problems to the neighborhood.

Councilman Keith Fetz objected to Barrow’s statements about the entire council knowing about the issue and taking no action.

“This is the first I’m hearing about it,” he said. “Now that I see what’s going on, I promise I’m going to get involved.”

Mayor Tom Galligan took a shot at Waiz, saying this was not the first time his administration has had to deal with situations left by his predecessor.

There’s only so much that can be done legally after the fact, he said.

“(Planning Director) Jim Urban has been trying to clean this up since we’ve been here,” he said.

Urban said he has spoke to officials at Mac Construction, which operates the plant, about some of the issues. There are chemicals that can be added to the asphalt to quell the smell, water can be used to reduce the amount of dust and plans are in the works to build a tree-topped berm between the plant and the neighborhood.

“I can’t just go issue a cease and desist order,” he said.

Barrow said the berm was supposed to be built already.

“It’s not about a berm, it’s not about trees — the plant cannot stay there,” she said.

Attorney Larry Wilder offered suggestions, saying the council could legislate regulations that could be used to solve the problems. However, he said, dealing with it has to be done correctly, otherwise the city could face lawsuits.

In other business

• A recent council decision to cut a $10,000 appropriation to the county’s spay and neuter program from its budget was the subject of ire for many residents at Monday’s meeting.

Despite the outcry, the council would not hold another vote on the appropriation, ultimately leaving it out of the 2009 budget.

“We can prevent the useless killing of animals,” said Margaret Morton, with the spay and neuter program.

She was among many others calling for the $10,000 to be reinstated.

Veterinarian Laura Strong said the county does have a problem with unwanted pets and that can be a public health issue. Resident Bethany Mull said it was a small price to pay to help combat the problem.

Spay and neuter was among many other programs on the chopping block this year as the city is trying to reduce its budget.

Councilman Keith Fetz noted that state legislation to reduce property taxes has cut into the budget, meaning some expenses had to go.

“We drew the line this year,” he said. “The council was faced with a tough decision.”