News and Tribune

April 7, 2010

Star of Jeffersonville is going, but where?

City, Star official disagree over the fate of docking barge

By DAVID A. MANN
David.Mann@newsandtribune.com

JEFFERSONVILLE — It definitely seems as though the Star of Jeffersonville’s ticketing barge — which has slowly been sinking into the Ohio River — is going to be removed soon.

However, Jeffersonville leaders and the company that owns the barge seem to disagree about the fate of the troubled boat.

According to David W. Evanczyk, one of three Star of Louisville Inc. stockholders, the barge was damaged in the fall and pumps were installed to keep it afloat.

In December, according to a city official, emergency workers ordered electricity to the barge cut, saying that the boat was already sinking and that electronic equipment inside was close to being submerged into the river.

Evanczyk argues that the boat is in its current state because the power was cut, thus turning off the pumps.

That was three months ago. More recently, the city and the company signed an agreement giving the city the authority to remove the barge.

“It has to be removed,” Evanczyk said. “It is a hazard. Our decision is that it’s their responsibility to remove it” because the power was turned off and Jeffersonville owns the U.S. Army Corps of Engineers’ permit that allows it to be there.

Specifically, the document says Jeffersonville has the right to “engage in any and all actions necessary to either move or have removed the landing barge.”

Related to that document, the city signed a $5,000 deal with Sprigler Builders LLC, and two other companies to have the barge removed. Attorney Larry Wilder, representing the city, said that the Sprigler bid was far cheaper that others, noting that another company had offered to do the work for more than $100,000.

There is a sticking point in the deal, however, in that it allows Sprigler to keep the barge, even though the agreement between the Star and the city clearly states that the Star is the owner of the barge.

“That’s something we’ll have to figure out in court,” said Wilder. “They left a sinking boat in the water. If they want to get their boat out of there, they can go move it.”

Evanczyk said that was not a part of the agreement.

“They’ll just have to pay us for it then,” he said.

Jeffersonville Mayor Tom Galligan said Monday night that the barge should be removed within the next two weeks.

Wilder noted that the company has already been working on it.



LEASE QUESTIONS

In addition, there’s also a disagreement about whether the company and the city have a lease.

Undisputed is that the company and the city entered into a lease in 2003.

However, Evanczyk says that former Mayor Rob Waiz declared that lease invalid because it was signed by the wrong public official. Evanczyk said he has documentation to that end, but he could not produce it before press time Wednesday. Waiz was called but not reached Wednesday.

City Communications Director Larry Thomas said the city has no such declaration on file. He points to the 2003 lease as the one the two entities are currently operating under. Further, he said, the company is about $36,000 behind on paying its rent.

Evanczyk disputes that as well.

The 2003 lease was supposed to last for five years, at $24,000 per year. A new lease was drafted, referencing problems with the 2003 document, but it was never signed by Star representatives.

After the original terms of the 2003 lease expired, it was suppose to go to a month-to-month basis.