News and Tribune

November 23, 2009

CURRAN: The road less wanted

BY KELLEY CURRAN

It was car-washing day in the neighborhood. The confluence of nice weather and the asphalt plant sitting temporarily idle gave the retirees an opportunity to remove the black dust that covers their cars, homes and other items without suffering the fumes the plant emits.

Residents of Jefferson Court, located on Dutch Lane in Jeffersonville, have been living with problem neighbors for years. There was a quarry nearby when many of the residents moved in, but a wooded wetland area between them and the quarry buffered the dust and noise the mining operation produced so well that some of the residents were unaware of its presence.

The neighborhood has changed significantly during the last few years. An asphalt plant has joined the quarry on its site. The plant sometimes works 24-hours-a-day for several days in a rows and emits dust and unpleasant odors that encourage residents to wear masks outdoors or remain inside.

The protected wetland area that separated the retirees from the quarry has been largely stripped of its filtering trees.

Now there’s the road.

The city of Jeffersonville is pursuing plans to build a road to run between the quarry operation with the asphalt plant on it and the adjacent residential area, through the previously wooded wetland, across a creek and over railroad tracks the city does not have the right-of-way to build across.

Pat Barrow acts as spokeswoman for the neighborhood group that formed years ago to figure out a way to combat what they see as an environmental and health problem in their neighborhood.

“We couldn’t breathe, couldn’t breathe. So we came right here and said, ‘what can we do?’” said Barrow at her home recently.

Neighbors have formed an organization, recently named Healthy Environment Now, to help themselves and others that might find themselves in a similar situation. Stopping the road is their most pressing current battle.

The proposed road is to be an extension of Main Street that will continue to Hamburg Pike. It was touted by Mayor Tom Galligan during his campaign and has so far also enjoyed the support of a majority of the city council and America Place Leasing and Marketing Manager Dan Huff.

Additional supporters appear to be in short supply.

To be completed, the project has several hurdles to clear besides neighborhood opposition. The railroad company is opposed to granting the city the right-of-way, as it would be responsible for costs such as signaling and security, could face liability issues and it would require severing a portion of its property it prefers to keep intact.

Clay Culotta, attorney for Louisville-Indiana Railroad, said the city might be vulnerable to sanctions for trespassing and violating federal law if it crosses the property without permission. The railroad enjoys certain privileges and rights because of its involvement in interstate commerce. The city may have a path to appeal the railroad’s refusal via the state, but it would have to show the necessity of the road.

The city had hoped Clark County officials would agree to the necessity of the road and provide permissions and funds for the bridge needed to cross Mill Creek. The county has not been supportive.

“I see no benefit to the residents of Jeffersonville from this road being built, and consider this project to be a total waste of taxpayer dollars,” said County Commissioner Mike Moore.

Barrow credits Moore as suggesting steps the group should take for its cause. Moore gives all the credit back to Barrow, saying he hasn’t been much of a force in the matter, but states he does support the neighbors.

He’s not alone.

“I have to admit I do not understand why this road is needed or is such a high priority, since Dutch lane is very near this road and already connects 10th Street and Hamburg Pike,” said City Councilman Ed Zastawny, who has consistently voted against the road. “I know this new road would be wider, but I just don’t see the benefit when you look at the costs and fights needed to make this road happen at this time.”

He and Culotta point to added expenses to overcome the multiple roadblocks. Barrow and Moore believe even the asphalt producer doesn’t want the road.

If truck traffic is required to use it, it would represent a less-efficient route than the current one it uses. Councilpersons Ron Grooms and Barbara Wilson also have cast votes which seemed supportive of the neighbors.

Yet, if you take a look at an aerial photo of the disputed area, you can see a small stretch of road that was started by the city before all these required permissions were even secured. What is worth so much risk, expense and conflict?

Galligan told the newspaper he wanted to relieve Northaven traffic congestion following complaints by residents. City Communications Director Larry Thomas stressed to me the benefit of a better-designed road to prevent flooding, pointing out the infeasibility of major improvements to heavily traveled Dutch Lane and its frequent flooding.

Supporters point to a need to have an additional arterial road to connect opposite sides of the city.

At last week’s city council meeting, Huff said the road would benefit his company, its tenants and employees. Jeffersonville’s eco-friendly Councilman Keith Fetz believes a mitigation of the wetlands by establishing an area near Nabb and improvements that will be made to the current site offset any harm caused by construction of the road through the protected area and running truck traffic near Jefferson Court.

He believes an ordinance to strictly regulate the asphalt plant — which he says found no support among fellow council members — would address many of the neighboring residents’ concerns.

No one with the city seemed convinced the destruction of the wetland may contribute to additional flooding problems or harm to wildlife that couldn’t be overcome by engineering and the mitigation site well outside the city.

Meanwhile, the railroad and county stand firm, and Barrow and her group continue to fight, including enlisting the support of state Rep. Steve Stemler and state Sen. Connie Sipes and more than 300 letter-writers to lobby the Indiana Department of Environmental Management and the Army Corps of Engineers for public hearings on the matter.

Some city taxpayers outside Barrow’s neighborhood are voicing support for the residents and opposition to the spending of their tax money in online discussions. Those living in the block of Main Street between 10th and 11th streets may also have something to say about an increase of gravel and asphalt trucks rumbling down their street day and night.

If the road is built, the retirees of Jefferson Court’s days will be less enjoyable and nights more sleepless. There will be continued cost and conflict for the city. The wildlife losing their habitat probably won’t get that memo about it moving to Nabb.

This better be one incredible road.



Jeffersonville resident Kelley Curran came upon a fork in the road, ran over it and flattened a tire. And that has made all the difference. Write her at kelinawriterhat@aol.com