COUNCIL MEETING
OCTOBER 19, 2009 7:00 P.M.
THE PLEDGE OF ALLEGIANCE WAS GIVEN BY ALL IN ATTENDANCE.
PRAYER WAS GIVEN BY PASTOR RANDY SHINOLT, SPICELAND PIKE CHURCH OF GOD.
MAYOR SMALL OPENED THE REGULAR MEETING OF THE COMMON COUNCIL.
ROLL CALL:
SANDY YORK PRESENT
ANGIE GOODMAN PRESENT
JAMES KIDD PRESENT
MARY MALONE PRESENT
MARK KOGER PRESENT
VAUGHN REID PRESENT
RICHARD HAHN ABSENT
A PUBLIC HEARING REGARDING CDBG HOMEOWNER REPAIR AND IMPROVEMENTS GRANT FROM INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY RECEIVED IN OCTOBER, 2008 WAS HELD IN THE COUNCIL CHAMBERS UNDER THE DIRECTION OF MARK McCARTY OF STAR DEVELOPMENT. HE SAID THE CITY OF NEW CASTLE HAD RECEIVED A GRANT IN THE AMOUNT OF $125,000.00 AND 8 HOMES WERE IN THE PROGRAM. A LIST OF ACTIVITY IS INCLUDED. A TOTAL OF 3 GRANTS HAS BEEN RECEIVED BY THE CITY OF NEW CASTLE IN THE PAST 3 YEARS AND 49 HOMES RECEIVED IMPROVEMENTS. MR. McCARTY ANNOUNCED THAT THERE WILL BE A WORKSHOP FOR A NEW CASTLE GRANT WILL BE HELD ON MONDAY, OCTOBER 26, 2009 AT 6:00 P.M. IN THE COUNCIL CHAMBERS. ALL INTERESTED HOMEOWNERS ARE INVITED AND ELIGIBILITY WILL BE DISCUSSED.
ORDINANCE #3584
AN ORDINANCE FOR APPROPRIATIONS AND TAX RATES WAS READ BY TITLE ONLY ON THIRD AND FINAL READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON THIRD AND FINAL READING.
COUNCILMAN KIDD: SECOND.
DISCUSSION: COUNCILMAN REID SAID HE AND ACCOUNTANT CUPP HAD DISCUSSED THE BUDGET AND THAT THE ACCOUNTANT HAD SAID IT IS LIKELY THAT THE AMOUNT WE ARE ASKING FOR WILL BE THE AMOUNT THAT THE STATE IS GOING TO SET AS OUR BUDGET. HOWEVER, THE CASH ON HAND COULD BE OFF UP TO 1.3 MILLION DOLLARS, DEPENDING ON NEXT YEARS CIRCUIT BREAKER. WHAT HAPPENS THIS YEAR, WE WON'T KNOW UNTIL THE END OF THE YEAR. THIS BUDGET HAD LOIT INCLUDED, IT DID NOT PASS.
CITY ACCOUNTANT CUPP SAID COUNCILMAN REID WAS RIGHT.
COUNCILMAN REID SAID THEN WHEN THE BUDGET IS CUT, WE MAY HAVE A REAL CASH FALL SHORTAGE, UP TO $860,000.00.
ACCOUNTANT CUPP SAID WE WOULD NOT KNOW FOR SURE WITHOUT A STUDY.
ROLL CALL VOTE: SIX VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3578
SALARY ORDINANCE FOR ADMINISTRATIVE AND MANAGEMENT EMPLOYEES WAS READ ON FIRST READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON FIRST READING, NO CHANGES FROM 2009. COUNCILMAN KOGER: SECOND ROLL CALL VOTE: SIX VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3579
SALARY ORDINANCE FOR EMERGENCY FIRST AID UNIT EMPLOYEES WAS READ ON FIRST READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON FIRST READING, NO CHANGES FROM 2009. COUNCILMAN REID: SECOND ROLL CALL VOTE: SIX VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3580
SALARY ORDINANCE FOR FIRE DEPARTMENT EMPLOYEES WAS READ ON FIRST READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON FIRST READING, NO CHANGES FROM 2009. COUNCILADY GOODMAN: SECOND ROLL CALL VOTE: SIX VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3581
SALARY ORDINANCE FOR POLICE DEPARTMENT EMPLOYEES WAS READ ON FIRST READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON FIRST READING, NO CHANGES FROM 2009. COUNCILMAN REID: SECOND ROLL CALL VOTE: SIX VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3582
SALARY ORDINANCE FOR VARIOUS CITY EMPLOYEES WAS READ ON FIRST READING BY SANDY YORK.
PRESIDENT YORK SAID SHE SAW A CHANGE ON THIS ORDINANCE AND SHE WAS CALLING FOR AN AMENDMENT TO BE MADE. PRESIDENT YORK SAID SHE WANTED TO AMEND ORDINANCE #3582, VOTING MEMBERS OF THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS, PER MEMBER, PER MEETING ATTENDED, $50.00 PER MEETING. SHE ASKED THAT BE DELETED. SHE SAID THEY AGREED TO THAT IN THE BUDGET PROCESSING.
THERE ARE 7 MEMBERS ON THE PLANNING COMMISSION AND 5 ON THE ZONING BOARD.
COUNCILMAN REID SAID HE THOUGHT THERE SHOULD BE SOME SORT OF FINANCIAL COMPENSATION FOR THESE POSITIONS TO GET PEOPLE WHO ARE QUALIFIED AND INTERESTED.
PRESIDENT YORK SAID THAT THE LINE HAD BEEN REDUCED FROM THE BUDGET.
COUNCILMAN REID SAID THEN WE ACTUALLY REDUCED THE BUDGET.
ACCOUNTANT CUPP SAID IT WAS AROUND $17,000.00 FOR NEXT YEAR.
COUNCILMAN KIDD ASKED IF THE POLICE MERIT BOARD WAS INCLUDED IT THAT?
COUNCILMAN REID SAID IF IT ISN'T IN THE BUDGET, WE CAN'T PAY FOR IT.
POLICE CHIEF NICHOLSON EXPLAINED WHAT THE MERIT BOARD DOES FOR HIS DEPARTMENT. HE SAID THEY DO THE HIRING AND DETERMINATION ON THE RECOMMENDATION OF THE MAYOR.
PRESIDENT YORK MOVED TO AMEND ORDINANCE #3582 AND REMOVE THE COMPENSATION FOR THE BOARD MEMBERS IN THIS ORDINANCE. COUNCILADY MALONE; SECOND ROLL CALL VOTE: FOUR VOTES AYE. TWO VOTES (KIDD & REID) NAY. AMENDED.
ORDINANCE #3582
SALARY ORDINANCE FOR VARIOUS CITY EMPLOYEES WAS READ BY SANDY YORK ON FIRST READING, AS AMENDED.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE AS AMENDED. COUNCILADY MALONE: SECOND ROLL CALL VOTE: FIVE VOTES AYE. ONE VOTE (KIDD) NAY. PASSED AND ORDERED
ORDINANCE #3583
TRASH ORDINANCE WAS READ IN FULL ON FIRST READING BY SANDY YORK.
ATTORNEY COPENHAVER SAID THAT SOME IN ATTENDANCE LIVE IN THE NEW CASTLE MOBILE HOME PARK. HE SAID THAT NEGOTIATIONS HAD BEEN ENTERED INTO BETWEEN THE CITY AND THE PARK OWNERS. HE SAID THE NEGOTIATIONS HAVE BEEN COMPLETED. HE SAID THERE WILL BE NO INTERRUPTED TRASH PICK UP IN THE NEW CASTLE MOBILE HOME PARK. BASICALLY THE TERMS AGREED TO ARE THE CITY WILL ENGAGE IN CURB SIDE TRASH PICK UP, EVERYONE WILL GET A TOTER, AND THE PARK OWNERS WILL COME UP WITH HOW THE TOTERS ARE REGISTERED. THE PARK HAS AGREED TO KEEP THE ROADS PLOWED AND CLEAN SO OUR TRUCKS CAN GET DOWN THEM. THE TOTER WILL STAY WITH THE PROPERTY. THERE ARE SOME THINGS THAT WILL HAVE TO BE WORKED OUT BUT THERE WILL BE NO INTERRUPTION IN SERVICE. THE TOTER WILL STAY WITH THE PROPERTY AND IF SOMEONE NEW MOVES IN, THE CITY MUST BE NOTIFIED. THERE WILL BE NO COST FOR YOUR TOTER.
PRESIDENT YORK SAID SHE WANTED TO MAKE AN AMENDMENT. SECTION 4, LETTER C, AUTUMN LEAF REMOVAL BETWEEN OCTOBER 1 AND DECEMBER 31. SHE WANTED TO DELETE THAT PARAGRAPH AND PUT LEAVES CAN BE RAKED TO THE CURB SIDE IN ANY NEIGHBORHOOD, NOT JUST THE WOODED AREA.
ATTORNEY COPENHAVER SAID YOU WANT THE FOLLOWING WORDS REMOVED IN THE FIRST SENTENCE. RESIDENCES IN CERTAIN DESIGNATED NEIGHBORHOODS SHALL RECEIVE LEAF PICK UPS. DO YOU WANT JUST THOSE WORDS REMOVED?
PRESIDENT YORK SAID YES.
ATTORNEY COPENHAVER ASKED IF EVERYTHING ELSE WILL WORK?
PRESIDENT YORK SAID THE LEAVES MUST BE RAKED TO THE CURB SIDE, LEAVES THAT, THEN THE NEXT LINE, THE CITY WILL DESIGNATE... WE DON'T WANT TO DESIGNATE NEIGHBORHOODS THAT CAN'T GET LEAVES PICKED UP. THIS IS AUTUMN LEAVES PICK UP ONLY.
MAYOR SMALL MADE COMMENT THAT THEY WANT TO GET EVERYONE'S LEAVES UP. THE DIRECTION THAT WE ARE GOING WITH THIS MOTION IS GOING TO BE VERY MANPOWERED. WE HAVE TWO CHOICES OF PICKING UP LEAVES. VACUUM OR BAGGED. IF WE BAG THE LEAVES, WE CAN SEND A REGULAR PACKER AND FILL IT TO THE HILT. GO TO THE LANDFILL AND DISPOSE OF THEM. IF WE VACUUM, IT HAS VERY LITTLE VOLUME. THEN WE HAVE TO GO TO THE COUNTY GARAGE TO DUMP THAT. IF WE HAVE TO VACUUM EVERYBODY'S LEAVES, WE ARE NOT GOING TO GET IT ACCOMPLISHED.
PRESIDENT YORK SAID SHE HAD NO PROBLEM WITH THE BAGS, PROVIDING THEY ARE PICKED UP. SHE DIDN'T WANT TO DESIGNATE ANY NEIGHBORHOOD. SHE WANTED ALL NEIGHBORHOODS INCLUDED. SHE SAID IF YOU WANT TO BAG THEM, BAG THEM. GIVE EVERYONE THE OPTION, BAG OR VACUUM.
MAYOR SMALL SAID TO VACUUM WILL TAKE TIME. WE WILL GET TO THEM SOMETIME.
ATTORNEY COPENHAVER SAID HE WANTED TO MAKE A SUGGESTION. HE WAS AFRAID THAT THE COUNCIL WAS NOT GOING TO COME UP WITH A LANGUAGE TONIGHT THAT IS GOING TO MEET WITH ALL YOUR CONCERNS.
COUNCILMAN REID ASKED IF IT WOULD BE MORE BENEFICIAL, TO HAVE A COUPLE DESIGNATED DAYS THAT WOULD BE ALL THE CITY DOES, GO AROUND AND PICK UP LEAVES.
PRESIDENT YORK SAID THAT WOULD BE A CALL FROM THE MAYOR.
MAYOR SMALL SAID THIS WOULD BE A MANPOWER ISSUE. UNTIL WE GET OUR ROUTES SETTLED DOWN WITH THE TOTERS, WE ARE PUTTING A LOT OF EFFORT INTO THAT.
STREET SUPERINTENDENT AYERS SAID THERE ARE 33 POSITIONS AT THE STREET DEPARTMENT. HE SAID THE WAY IT IS NOW, 9 PEOPLE ARE ON TRASH. HE GAVE A LISTING OF WHAT EACH MAN DOES IF EVERYONE IS AT WORK. HE SAID HE IS JUST SO SHORT ON HELP.
PRESIDENT YORK SAID IT WAS ALREADY IN AN ORDINANCE ABOUT PICKING UP LEAVES FROM OCTOBER THROUGH DECEMBER. SHE SAID AS FOR DESIGNATING A DAY, SHE DIDN'T CARE ABOUT PUTTING THAT IN THERE. THURSDAY AND FRIDAY IF YOU WANT.
ATTORNEY COPENHAVER SAID HE WAS TRYING TO GET HER AMENDMENT. HE ASKED IF THIS WAS WHAT SHE WANTED. LEAVES MUST BE RAKED TO THE CURB SIDE OR BAGGED. LEAVES WILL BE COLLECTED DEPENDING UPON AVAILABILITY OF MANPOWER AND EQUIPMENT.
COUNCILMAN REID ASKED IF IT WAS GOING TO BE MARCH BEFORE IT GETS PICKED UP. THESE THINGS CLOG THE WASTEWATER PLANT, IS THERE ANY ABILITY TO TRANSFER SOME OF THESE DUTIES INTO THE WASTEWATER TREATMENT PLANT? RESPONSIBILITY AREA? IF YOU GUYS HAVE THE MANPOWER.
SUPERINTENDENT HAMILTON SAID WHEN THEY KNOW THE RAINS ARE COMING, OUR CREWS GO OUT AND CLEAN CATCH BASINS. THIS TIME OF THE YEAR IS THE WORST. PEOPLE PUT THERE LEAVES OUT RIGHT AT THE CURB AND STREET AND THEY END UP IN THE CATCH BASIN. THE CALLS COME THEN ABOUT FLOODED STREETS, FLOODED BASEMENTS BECAUSE THE CATCH BASINS ARE FULL OF LEAVES. HE SAID BAGGING IS THE BEST SOLUTION. YOU HAVE MAJOR ISSUES WHEN THE LEAVES ARE RAKED TO THE STREET.
COUNCILMAN REID SAID IF THEY WERE BAGGED, IT WOULD MAKE IT EASY FOR THE STREET DEPARTMENT TO PICK UP. IF THEY ARE LOOSE, IT WOULD MAKE IT EASY FOR YOUR MEN. IT IS AN ADMINISTRATIVE CALL. WE MUST MAKE SURE WE CREATE AN ORDINANCE THAT ENABLES YOU TO GET THE LEAVES PICKED UP. IF HE WAS A HOME OWNER, THAT HE COULD CALL JUST ONE PLACE, TO MAKE SURE MY LEAVES GET PICKED UP. HE DIDN'T WANT TO HAVE TO CALL THE STREET DEPARTMENT AND HAVE THEM ASK, ARE THEY BAGGED OR IN A PILE. NO THERE IS A PILE. NOW WE HAVE TO CALL THE WASTEWATER PLANT.
IT MAY MAKE SENSE TO SHIFT SOME OF THE WORK AROUND.
ATTORNEY COPENHAVER SAID THAT AFTER A REVIEW, AND WE DETERMINE THAT IT WOULD BE INAPPROPRIATE USE OF SEWAGE PLANT MONIES TO RUN THE SUCKER BECAUSE IT KEEPS THE LEAVES OUT OF THE BASINS AND SEWER SYSTEM, WOULD COUNCIL AGREE THAT WOULD BE AN APPROPRIATE USE FOR SEWAGE FUNDS?
COUNCILMAN REID SAID THERE WERE TWO ISSUES WITH THAT.
1. WE HAVE TO DESIGNATE THAT THE LEAVES BE PICKED UP BY THE VACUUM.
2. WE HAVE TO BE VERY CLEAR THAT WE ARE SHIFTING WHAT IS TRADITIONAL LEVIED MONEY AND RESPONSIBILITIES INTO THE UTILITY.
THIS MAY BRING ABOUT RATE CHANGES MORE QUICKLY. HE SAID HE HAS SEEN THE MEN OUT WHEN IT RAINS, CLEANING OUT THE STORM SEWER DRAINS.
SUPERINTENDENT HAMILTON SAID IT IS A MAJOR PROBLEM. ESPECIALLY IN THE SUMMER. PEOPLE CUT GRASS, PUT IT IN THE STREET AND SEWER SAYING, OH IT WILL WASH IT DOWN THE SEWER. THIS IS A BAD PRACTICE.
ATTORNEY COPENHAVER SAID HE COULD SEE A PROBLEM WITH THE STATE BOARD OF ACCOUNTS IF THE WASTEWATER DID AGREE TO DO THIS. THERE IS A CONSENSUS BY OUR COUNCIL THAT THIS IS AN APPROPRIATE USE OF UTILITY FUNDS.
PRESIDENT YORK SAID SHE DIDN'T CARE WHAT DEPARTMENT GETS IT BUT ONLY ONE PHONE CALL.
COUNCILMAN KOGER SAID HIS CONCERN WAS IF YOU SEE BAGGED LEAVES ON THE STREET, PICK THEM UP. HE SAID HE UNDERSTOOD THE EMPLOYEE RESTRAINS. WE HAVE TO GET THESE LEAVES PICKED UP AND IN A TIMELY MANNER. HE SAID EVERYBODY HAS HAD THE OPTION OF LEAF PICK UP.
COUNCILMAN REID SAID THE LEAVES SHOULD BE PICKED UP ON THE ROUTE. YOU SHOULDN'T HAVE TO CALL IN. IT WOULD ALSO HAVE TO BE IN THE EMPLOYEE CONTRACT.
PRESIDENT YORK SAID THE HEAVY TRASH USE TO BE PICKED UP ON YOUR TRASH DAY. THAT COULD BE DONE WITH THE LEAVES.
STREET SUPERINTENDENT AYERS SAID HE DIDN'T HAVE A PROBLEM WITH THE ORDINANCE EXCEPT IT CAN'T BE DONE EVERY WEEK,
PRESIDENT YORK SAID IT IS GOING TO HAVE TO BE DONE ON A TIMELY BASIS. SHE SAID SHE DIDN'T CARE IF IT WASN'T DONE EVERY WEEK BUT IT WILL BE DONE ON A TIMELY BASIS. SHE SAID SHE IS WORKING WITH LESS HOURS, LESS PEOPLE, PICKING UP THE SLACK AND THIS IS GOING TO HAVE TO BE THAT AWAY UNTIL WE CAN DO BETTER. WE ARE WORKING WITH A BUDGET CONSTRAINT AND WE ALL UNDERSTAND THAT WE ARE WORKING WITH LESS MANPOWER BUT WE STILL HAVE A CITY TO MAINTAIN. IT HAS TO BE DONE WITH THE HELP
THAT WE HAVE. SHE SAID SHE WOULD NOT SETTLE FOR ANYTHING LESS THAN IT IS PICKED UP IN A TIMELY MANNER. SHE SAID SHE WAS TIRED OF MESSING WITH IT.
COUNCILADY MALONE SAID SHE AGREED.
ATTORNEY COPENHAVER ASKED IF HE ADDED A LINE TO THE EFFECT THAT THE STREET DEPARTMENT WILL COORDINATE its ACTIVITIES WITH THE SEWAGE DEPARTMENT AS FOR KEEPING GUTTER WAYS AND CATCH BASINS FREE FROM LEAVES AND OTHER DEBRIS.
PRESIDENT YORK SAID SHE COULD LIVE WITH THAT.
ATTORNEY COPENHAVER SAID THAT WOULD ALLOW US TO UTILIZE THE SEWAGE%u2026%u2026%u2026%u2026%u2026%u2026%u2026%u2026%u2026.
PRESIDENT YORK SAID SHE REALLY DIDN'T WANT TO USE OUR WASTEWATER EMPLOYEES BUT SHE WAS LOOKING DOWN THE LONG TERM WITH RATE INCREASES. WE'RE GOING TO HAVE TO DO MORE WITH LESS. WE'LL HAVE TO DOUBLE UP.
PRESIDENT YORK SAID THIS ORDINANCE IS NOT PERFECT AND IT CAN BE CHANGED.
PRESIDENT YORK RECOMMENDED THAT WE START LEAF PICK UP TOMORROW.
ATTORNEY COPENHAVER READ THE AMENDMENT TO THE AUTUMN LEAF REMOVAL.
BETWEEN OCTOBER 1, AND DECEMBER 31, OF EACH YEAR, THE CITY STREET DEPARTMENT SHALL COORDINATE its ACTIVITIES WITH THE SEWAGE TREATMENT PLANT TO KEEP GUTTERS, STREETS AND CATCH BASINS CLEAR OF LEAVES AND DEBRIS. LEAVES MUST BE RANKED TO CURB SIDE OR BAGGED.
PRESIDENT YORK RECOMMENDED THAT STARTING THE FIRST THING TOMORROW MORNING, START PICKING UP LEAVES UNTIL THIS ORDINANCE IS ON THE BOOKS.
COUNCILMAN REID SAID THAT ONCE THE TOTER TRUCKS ARE WORKING AND THE GUYS STOP PICKING OUT THE TRASH FROM THE INSIDE OF THE TOTERS, THE CITY SHOULD BE ABLE TO GET ALL its TRASH PICKED UP IN THREE DAYS.THAT LEAVES TWO DAYS TO DO HEAVY TRASH, STREET REPAIRS ETC.
THE DECISION WAS TO BRING ORDINANCE #3583 TO THE FLOOR OFFICIALLY,
THEN START WORKING WITH THE AMENDMENTS.
PRESIDENT YORK MOVED TO PASS ORDINANCE #3583 ON FIRST READING. COUNCILMAN REID: SECOND ROLL CALL VOTE: SIX VOTES AYE. PASSED AND ORDERED.
ATTORNEY COPENHAVER GAVE TO EACH COUNCIL MEMBER TWO DRAFTS TO REVIEW. ONE IS AN ORDINANCE AMENDING ORDINANCE #3455 AN ORDINANCE, DEALING WITH SEPTIC HAULERS FEES AND ONE WAS AN ORDINANCE AMENDING ORDINANCE #3454, A WATER ORDINANCE WHICH WAS NEVER INACTIVE AFTER THE IURC HAD APPROVED THEM. WE ARE SUBJECT TO REAL PROBLEMS. YOU ARE TECHNICALLY IN VIOLATION OF THE CURRENT RATE STRUCTURE OF THE CITY OF NEW CASTLE. THE IURC SAID YOU NEED TO MAKE THESE CHANGES AND WE NEVER DID. THIS WAS AN ADDENDUM AFTER THE RATE INCREASE.
PUBLIC:
MARY LOGAN COMMENTED ON HOW STEVE HACKER, PARK SUPERINTENDENT, THE GEO WORKERS AND GREG YORK FOR CLEANING UP OSBORNE PARK.
A FIREMAN DID GO TO SOUTH 21ST STREET AND CLEANED UP THE BUSHES AND GRASS NEXT TO THE RAILROAD.
PRESIDENT YORK MOVED FOR ADJOURNMENT.
COUNCILMAN KIDD: SECOND.
