COUNCIL MEETING
NOVEMBER 2, 2009 7:00 P.M.
THE PLEDGE OF ALLEGIANCE WAS GIVEN BY ALL IN ATTENDANCE.
PRAYER WAS GIVEN BY PASTOR PAUL RIDDLE, WEST VIEW NAZARENE CHURCH.
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 PRESENT
ECONOMIC DEVELOPMENT DIRECTOR JEANA DAVIS AND ARCHITECT BRENT MATHER, BRENNER DESIGN, GAVE AN UPDATE ON THE NEIGHBORHOOD STABILIZATION PROGRAM AND ANSWERED QUESTIONS FROM THE COUNCIL. AN UPDATE WILL BE GIVEN ON A MONTHLY BASIS.
MAYOR SMALL READ A PROCLAMATION, PROCLAIMING NOVEMBER 2, 2009 AS " THE OFFICIAL NEW CASTLE MARCHING BAND DAY IN NEW CASTLE, INDIANA"
ORDINANCE #3578
SALARY ORDINANCE FOR ADMINISTRATIVE AND MANAGEMENT EMPLOYEES WAS READ BY TITLE ONLY ON SECOND READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE . COUNCILMAN REID: SECOND
ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
PRESIDENT YORK MOVED TO SUSPEND THE RULES AND READ ORDINANCE #3578 ON THIRD AND FINAL READING. COUNCILADY GOODMAN: SECOND ROLL CALL VOTE: SEVEN VOTES AYE. SUSPENDED
ORDINANCE #3578
SALARY ORDINANCE FOR ADMINISTRATIVE AND MANAGEMENT EMPLOYEES WAS READ BY TITLE ONLY ON THIRD AND FINAL READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE. COUNCILMAN HAHN: SECOND
ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3579
SALARY ORDINANCE FOR EMERGENCY FIRST AID UNIT EMPLOYEES WAS READ BY TITLE ONLY ON SECOND READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE. COUNCILMAN KIDD: SECOND
ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
PRESIDENT YORK MOVED TO SUSPEND THE RULES AND READ ORDINANCE #3579
ON THIRD AND FINAL READING. COUNCILMAN HAHN: SECOND
ROLL CALL VOTE: SEVEN VOTES AYE. SUSPENDED.
ORDINANCE #3579
SALARY ORDINANCE FOR EMERGENCY FIRST AID UNIT EMPLOYEES WAS READ BY TITLE ONLY ON THIRD AND FINAL READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE. COUNCILMAN REID: SECOND
ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3580
SALARY ORDINANCE FOR FIRE DEPARTMENT EMPLOYEES
WAS READ BY TITLE ONLY ON SECOND READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE. COUNCILMAN REID: SECOND ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
PRESIDENT YORK MOVED TO SUSPEND THE RULES AND READ ORDINANCE #3580 ON THIRD AND FINAL READING. COUNCILMAN HAHN: SECOND ROLL CALL VOTE: SEVEN VOTES AYE. SUSPENDED.
ORDINANCE #3580
SALARY ORDINANCE FOR FIRE DEPARTMENT EMPLOYEES WAS READ BY TITLE ONLY ON THIRD AND FINAL READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE. COUNCILADY GOODMAN: SECOND
ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3581
SALARY ORDINANCE FOR POLICE DEPARTMENT EMPLOYEES WAS READ ON SECOND READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE. COUNCILMAN REID: SECOND
ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
PRESIDENT YORK MOVED TO SUSPEND THE RULES AND READ THIS ORDINANCE ON THIRD AND FINAL READING. COUNCILMAN REID: SECOND. ROLL CALL VOTE: SEVEN VOTES AYE PASSED AND ORDERED.
ORDINANCE #3581
SALARY ORDINANCE FOR POLICE DEPARTMENT EMPLOYEES
WAS READ BY TITLE ONLY ON THIRD AND FINAL READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE. COUNCILADY MALONE: SECOND
ROLL CALL VOTE: SIX VOTES AYE ONE VOTE NAY (KIDD) PASSED AND ORDERED
ORDINANCE #3582
SALARY ORDINANCE FOR VARIOUS CITY EMPLOYEES WAS READ BY SANDY YORK ON SECOND READING, AS AMENDED.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE. COUNCILADY MALONE: SECOND
ROLL CALL VOTE: SIX VOTES AYE. ONE VOTE (KIDD) NAY. PASSED AND ORDERED
PRESIDENT YORK MOVED TO SUSPEND THE RULES AND READ ORDINANCE #3582 ON THIRD AND FINAL READING. COUNCILMAN HAHN: SECOND
ROLL CALL VOTE: SIX VOTES AYE. ONE VOTE NAY(KIDD) MOTION FAILED.
ORDINANCE #3583
TRASH ORDINANCE WAS READ BY TITLE ONLY ON SECOND READING BY SANDY YORK.
ATTORNEY COPENHAVER SAID JUST TO READ THE CHANGES. EVERYTHING ELSE WAS THE SAME.
PRESIDENT YORK SAID THAT UNDER SECTION 2, LETTER C, THE CITY OF NEW CASTLE SHALL COLLECT TRASH AND GARBAGE ON A WEEKLY BASIS FROM MULTI FAMILY DWELLINGS WHERE SUCH DWELLINGS CONSIST OF 3 OR 4 OR FEWER FAMILIES THAT ARE LOCATED ON A PUBLIC RIGHT-OF-WAY. ALSO, ON SEC. 2, PARAGRAPH E, SELECT 3 OR 4. UNDER SEC. 3, LETTER B, EXCEPT FOR DELAY DUE TO INCLIMATE WEATHER AND UNDER SEC. 4, LETTER C, AUTUMN LEAF REMOVAL BETWEEN OCTOBER 1ST AND DECEMBER 31ST EACH YEAR. LEAVES MAY BE RAKED TO THE CURB SIDE TO BE VACUUMED BY THE CITY OR BAGGED AND PLACED AT THE CURB SIDE FOR MANUAL PICK UP BY THE CITY. THE CITY SHALL COORDINATE THE ACTIVITIES AND RESPONSIBILITIES OF THE WATER POLLUTION DEPARTMENT AND THE STREET DEPARTMENT IN REGARD TO LEAF REMOVAL. UNDER SEC. 5, LETTER A, THE CITY SHALL NOT COLLECT TIRES, BATTERIES TOXIC MATERIAL, POISONOUS MATERIAL, MATERIALS THAT CREATE A ENVIRONMENTAL HAZARD AS DETERMINED BY THE ENVIRONMENTAL PROTECTION AGENCY IN THE THREE RIVERS SOLID WASTE DISTRICT. THESE ITEMS SHALL BE DISPOSED OF PROPERLY AT SUCH TIME IS DESIGNATED BY THE SOLID WASTE DISTRICT SUCH AS TOX AWAY DAYS, AND INCLUDE AT THE PROPERTY OWNERS EXPENSE.
PRESIDENT YORK SAID THESE WERE THE CHANGES AND ASKED THE COUNCIL'S
PLEASURE ON THE 3 OR 4.
COUNCILMAN REID SAID THERE WERE 84 MULTI DWELLINGS AND DEFINED BY THE WATER DEPARTMENT AS 3 OR MORE.
COUNCILMAN KIDD SAID THERE WOULD BE ANOTHER 84 TOTES TO PICK UP.
THERE WOULD BE 1 TOTE TO EACH ADDRESS.
COUNCILMAN REID MADE THE MOTION TO AMEND THIS ORDINANCE TO SELECT ON ORDINANCE #3583, SECTION 2, PAR. C, TO SELECT 4. UNDER SECTION 2, PAR. E, SELECT 4, AND ADD A PARAGRAPH TO SECTION 2 THAT ANY ENTITY FROM WHICH THE CITY IS PICKING UP GARBAGE, NON-FOR- PROFIT OR RESIDENTIAL, THAT REQUIRES MORE THAN 4 TOTERS, WILL BE REQUIRED TO ENTER INTO A CONTRACT WITH THE CITY. THE NEGOTIATIONS WILL BE WITH THE BOARD OF WORKS.
ATTORNEY COPENHAVER SAID HE WILL ADD TO THE ORDINANCE THAT NO ONE WILL BE ALLOWED MORE THAN 4 TOTERS WITHOUT A CONTRACT WITH THE CITY.
COUNCILMAN KIDD SUGGESTED 1 LARGE TOTER AND 1SMALL.
MAYOR SMALL SAID HE ASKED MR. AYERS TO LOOK INTO THE COST OF DUMPSTERS. WE DO HAVE SEVERAL ENTITIES THAT WE SERVICE WITH A DUMPSTER. IT MAY BE MORE APPROPRIATE WITH A 4 PLACE UNIT.
ATTORNEY COPENHAVER SAID, DO I SAY IN NO EVENT, THAT ANY STRUCTURE WILL HAVE MORE THAN 8 TOTERS?
COUNCILMAN REID SAID HE DIDN'T THINK WE NEED THAT SINCE THE AMENDMENT SAYS IF YOU NEED MORE THAN 4, YOU MUST ENTER INTO A CONTRACT.
COUNCILMAN KOGER: SECOND ROLL CALL VOTE: SEVEN VOTES AYE. AMENDED
ORDINANCE #3583
TRASH ORDINANCE AS AMENDED WAS READ BY TITLE ONLY ON SECOND READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS ORDINANCE COUNCILMAN HAHN: SECOND.
ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3585
AN ORDINANCE AMENDING ORDINANCE #3454 (WASTE WATER FEES) WAS READ IN FULL ON FIRST READING BY SANDY YORK.
PRESIDENT YORK SAID THAT WHEN THE COUNCIL PASSED THE RATE INCREASE IN 2004, THIS WAS NEVER IMPLEMENTED.
ATTORNEY COPENHAVER SAID THERE COULD BE A REPRIMAND FROM THE IURC IF YOU DON'T PASS THESE. THEY APPROVED ALL OF THESE CHARGES AND RECOMMENDED THESE CHARGES WHEN YOU HAD YOUR LAST RATE INCREASE. THESE ARE ON CHARGES OF SPECIFIC USERS FOR SPECIFIC SERVICES. YOU CHARGE THOSE PEOPLE RATHER THAN SPREADING THE FEES OUT.
COUNCILMAN KIDD SAID HE UNDERSTOOD ABOUT THE SEPTIC HAULERS. HE WAS ASKING ABOUT THE CONNECTION FEES.
PRESIDENT YORK SAID THE CONNECTION CHARGES WAS TO HOOK ONTO CITY SEWERS.
ATTORNEY COPENHAVER EXPLAINED THE RECONNECTION CHARGE FOR AN INDIVIDUAL WHO HAS HAD HIS SERVICE DISCONNECTED FOR A TIME AND THEN WANTS IT RECONNECTED AGAIN. THIS WOULD BE THE $25.00 SERVICE CHARGE. A TAP IN FEE CAN BE FROM $500.00 UP TO $2,500.00, DEPENDS ON THE LOCATION, PER WASTE WATER POLLUTION CONTROL SUPERINTENDENT HAMILTON.
COUNCILMAN KIDD DISCUSSED LATE FEES.
COUNCILMAN REID ASKED THAT EVERYTHING BE INVESTIGATED BEFORE THE ORDINANCE IS CODIFIED.
ATTORNEY COPENHAVER SAID THAT HE WOULD LOOK INTO EVERYTHING BEFORE THE SECOND READING OF THIS ORDINANCE.
PRESIDENT YORK MOVED TO PASS ORDINANCE #3585. COUNCILADY MALONE: SECOND
ROLL CALL VOTE: SEVEN VOTES AYE PASSED AND ORDERED.
ORDINANCE #3586
AN ORDINANCE AMENDING ORDINANCE #3455 (WATER FEES) WAS READ IN FULL ON FIRST READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON FIRST READING. COUNCILMAN REID: SECOND ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3564
AN ORDINANCE ESTABLISHING CEMETERY MONUMENT FOUNDATION FEES.
ATTORNEY COPENHAVER ASKED THAT THIS ORDINANCE BE TABLED DUE TO HE HAD TO MEET WITH THE CEMETERY SUPERINTENDENT TO SETTLE SOME ISSUES THAT WERE IN THE DRAFT.
PRESIDENT YORK MOVED TO TABLE ORDINANCE #3564. COUNCILMAN HAHN: SECOND.
ROLL CALL VOTE; SEVEN VOTES AYE. TABLED.
ORDINANCE #3587
NEW CASTLE FIRE DEPARTMENT HAZARDOUS MATERIAL OPERATIONS REIMBURSEMENT ORDINANCE WAS READ IN FULL ON FIRST READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE. COUNCILMAN REID; SECOND.
DISCUSSION: FIRE CHIEF MURRAY EXPLAINED WHY THIS ORDINANCE SHOULD BE IN PLACE. HE SAID MANY ITEMS WITH THE FIRE DEPARTMENT EMPLOYEES ARE DESTROYED. HE SAID WHEN THEY GO TO AN ACCIDENT, THEY HAVE TO RUN AN ENGINE, THE CLEAN UP AND CAN NOT RE-COOP ON ANY OF THESE THINGS. HE SAID THROUGH THE MAXIMUM STUDY, IT WAS APPROXIMATELY $275.00 TO ROLL THE TRUCK. THIS DOES NOT INCLUDE ANY MATERIALS THAT WE MIGHT HAVE TO USE TO MAKE SURE EVERYTHING IS SECURE AND NOTHING GOES TO THE TREATMENT PLANT SUCH AS GAS AND OIL.
PRESIDENT YORK ASKED IF WE WERE GOING TO BILL THE INSURANCE COMPANIES FOR THIS?
ATTORNEY COPENHAVER SAID FOR THE MOST PART, YOU ARE GOING TO BE BILLING FOR HAZARDOUS MATERIALS .HE GAVE EXAMPLES OF ACCIDENTS SUCH AS A SEMI FULL OF GASOLINE OR A TRAIN WRECK WHERE THERE MIGHT BE A CHEMICAL SPILL.
CHIEF MURRAY SAID THAT REGARDLESS, WITH THIS ORDINANCE, ANY SPILL THAT IS MADE, THE SPILLER IS RESPONSIBLE FOR WHAT THEY LEAK. HE SAID IF THEY ARE CALLED TO MEDIATE THAT PROBLEM, WE SHOULD BE REIMBURSED FOR THAT. THERE ARE LAWS IN PLACE FOR THAT. IF THERE IS ANY KIND OF ACCIDENT AND IT INVOLVES CHEMICALS, THE FIRE DEPARTMENT HAS TO TAKE CARE OF IT. IT IS COVERED BY YOUR INSURANCE COMPANY.
COUNCILMAN REID SAID HE THOUGHT WE SHOULD HAVE SOMETHING THAT ALLOWS THE CITY TO RE-COOP ITS COST FOR HAZARDOUS MATERIALS. HE SAID THE WAY HE READS THIS ORDINANCE, IT DOESN'T MATTER IF YOU HAVE INSURANCE OR NOT, YOU ARE GOING TO BE PAYING. HE WANTED TO SEE SOMETHING THAT WAS WRITTEN ALONG THE LINES OF WHAT OUR EMS RESPONSE IS. IT SEEKS TO RECAPTURE FROM THE INSURANCE.
ATTORNEY COPENHAVER WILL LOOK INTO THE EMT ORDINANCE. HE TOLD OF AN ACCIDENT WHERE THE FIRE DEPARTMENT LOST A LOT OF EQUIPMENT AND HE WAS READY TO SUE WHEN THE COMPANY DID MAKE REIMBURSEMENT.
COUNCILMAN REID SAID UNLIKE THE EMS, WE HAVE TWO DIFFERENT CLASSES, USERS OF HAZARDOUS MATERIALS. NORMAL JOE CITIZEN PEOPLE AND THEN COMPANIES. IF SPEEDWAY IS HAULING GAS AND BLOWS UP IN THE MIDDLE OF NEW CASTLE, THEY SHOULD BE HELD TO A DIFFERENT STANDARD OF REIMBURSEMENT PAYMENT. SOME MOM TAKING HER KIDS TO SCHOOL, HAS A WRECK, SPILLS OUT 2 GALLON OF ANTIFREEZE, HE WANTED TO MAKE SURE THAT WE DIDN'T BANKRUPT SOMEBODY BECAUSE THEY HAD A PROPERTY DAMAGE ACCIDENT. HE SAID HIS ONLY CONCERN WAS TO GIVE FLEXIBILITY.
CHIEF MURRAY SAID REGARDLESS OF WHAT KIND OF CHEMICAL IT IS, IF IT GETS INTO YOUR WATER WAYS, THAT'S BAD. HE SAID IT IS LESS THAN AN HOUR FOR US AT A TRAFFIC ACCIDENT. YOU ARE LOOKING AT A $250.00 BILLING TO BE SENT TO THAT INSURANCE COMPANY. IF THERE IS NO SPILLAGE, GREAT, NO BILLING.
ROLL CALL VOTE; SEVEN VOTES AYE. PASSED AND ORDERED.
PUBLIC:
NORMA DISHMAN ASKED MAYOR SMALL TO EXPLAIN THE $420.30 PAID TO THE BONAR GROUP FOR THE SURVEY ON THE BY-PASS EXPANSION. SHE SAID THE ARTICLE SAID THIS WAS COMING OUT OF THE LOCAL ROAD AND STREET FUNDS. SHOULD HAVE COME FROM THE MONEY FOR THE GARNER STREET PROJECT.
MAYOR SMALL SAID IT WAS GOING FOR THE PROJECT AND CONSTRUCTION COST AND IT WAS NOT ALL COMING FROM OUR POCKETS. IT IS A 20-80 MATCH
FROM THE STATE GOVERNMENT. WE RECEIVED TWO MILLION DOLLARS FOR THAT CONSTRUCTION.
ATTORNEY COPENHAVER SAID THIS WAS PART OF THE BOND ISSUE. THIS IS NOT A NEW PROJECT. IT WILL BE PAID BACK BY LR&S FUND AND THE CCD FUND.
COUNCILMAN REID SAID, WE REALIZED WHEN WE PASSED THE BOND THAT THE BOND WOULD NOT COVER THE FULL COST OF BOTH PROJECTS. SO, THE CITY HAS MONEY IN THE CUMULATIVE CAPITAL FUND AND LOCAL ROAD AND STREET FUND, WHICH THE CITY BY LAW, CAN UTILIZE FOR EXPENSES FOR IMPROVEMENTS TO ROADWAYS AND CAPITAL TYPE THINGS. THEY CAN PAY FOR A SURVEY ON THE BY-PASS PROJECT.
MRS. DISHMAN ASKED WHY WEREN'T USING THE LR&S MONEY ON CITY STREETS.
MAYOR SMALL SAID WE ARE. WE ARE ALSO USING IT FOR GAS IN OUR TRASH TRUCKS AND OTHER EXPENSES ON THE ROADS. WE ARE USING OUR OWN EMPLOYEES ON THE WORK ON THE ROADS BUT ONLY AS WE HAVE THE TIME.
PRESIDENT YORK MOVED FOR ADJOURNMENT.
COUNCILMAN KIDD: SECOND.
