COMMON COUNCIL
SEPTEMBER 20, 2010 7:00 P.M.
THE PLEDGE OF ALLEGIANCE WAS GIVEN BY EVERYONE IN ATTENDANCE.
PRAYER WAS GIVEN BY PASTOR DANNY GODDARD, 1ST CHURCH OF THE NAZARENE.
MAYOR SMALL OPENED THE 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
MINUTES WERE APPROVED AS PRESENTED.
RESOLUTION:
AUTHORIZING TRANSFER OF FUNDS/ MVH. WAS READ IN FULL BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS RESOLUTION. COUNCILMAN HAHN: SECOND ROLL CALL VOTE: SIX VOTES AYE. ONE ABSTAIN(REID) PASSED AND ORDERED.
ORDINANCE#3601:
2011 APPROPRIATION AND TAX RATES 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 #3602:
AUTHORIZING THE CITY TO ISSUES ITS TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2010 AND APPROVING OTHER ACTIONS IN RESPECT THERETO (TIF BONDS ASSOCIATED WITH INDIANA AVENUE ECONOMIC DEVELOPMENT AREA) WAS READ BY TITLE ONLY BY SANDY YORK ON SECOND READING.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON SECOND READING. COUNCILADY GOODMAN: SECOND. ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3603:
PROHIBITING TRUCK TRAFFIC TO CERTAIN STREETS WAS READ BY TITLE ONLY ON SECOND READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE. COUNCILADY MALONE: SECOND
DISCUSSION: MARILYN BOWMAN, OWNER OF MARILYN'S FLOWERS IN PAYNE VILLAGE, WAS CONCERNED ABOUT WHAT ROADS WOULD BE CLOSED SINCE SHE DOES HAVE DELIVERIES.
MAYOR SMALL SAID THAT THE STREETS THAT ARE CLOSED IS FOR TRUCKS WEIGHING MORE THAN 5 TONS. THIS IS NOT FOR LOCAL DELIVERY
PRESIDENT YORK ASSURED MS. BOWMAN THAT LOCAL DELIVERIES WILL BE ALLOWED.
ROLL CALL VOTE: SEVEN VOTES AYE PASSED AND ORDERED.
COUNCIL REPORTS:
PRESIDENT YORK SAID A COUPLE OF WEEKS AGO, WE HAD SOME BUSINESSES APPEAR BEFORE THE COUNCIL ABOUT THEIR OUTDOOR ADVERTISING SIGNS. SHE SAID SHE WANTED TO SUGGEST, ON PAGE 7, ORDINANCE #3265, LETTER G,
CURRENTLY IT READS ALL FREE STANDING SIGNS SHOULD BE A MINIMUM OR 100 FEET FROM A RESIDENTIAL ZONED DISTRICTS. SHE SAID SHE SUGGESTED THAT LETTER G BE DELETED. ON PAGE 18, THE LETTER F, FREE STANDING TEMPORARY SIGNS IN A COMMERCIAL DISTRICT, SIGN BOARDS AND ELECTRIC SIGN BOARDS, NOT TO EXCEED 32 SQUARE FOOT IN AN AREA IDENTIFYING SPECIAL SALES AND OPENINGS ARE PERMITTED ON PREMISES OF COMMERCIAL ESTABLISHMENTS FOR NOT MORE THAN 60 DAYS IN A CALENDAR YEAR. SHE SUGGESTED THAT THEY DELETE FOR NOT MORE THAN 60 DAYS IN A CALENDAR YEAR. THAT WOULD ALLOW BUSINESSES TO HAVE FREE STANDING SIGNS THAT HAVE BEEN IN QUESTION. SHE SAID THERE WAS A LOT OF GOOD THINGS IN THAT ORDINANCE BUT SOME THINGS THAT ARE QUESTIONABLE. THE ORDINANCE IS NINE OR TEN YEARS OLD. SHE SAID THOSE WERE HER 2 SUGGESTIONS AND SHE WAS OPEN TO OTHER SUGGESTIONS.
COUNCILMAN REID SAID HE HAD A SUGGESTION. ON PAGE 18, LETTER D. HE SAID HIS UNDERSTANDING IF SOMEONE HAS WORK DONE, THEY CAN HAVE 1 SIGN. HE SAID IT WAS NOT UNUSUAL IF WORK IS BEING DONE, THERE MAYBE 2 OR 3 COMPANIES PERFORMING WORK. HE WANTED TO SEE THIS RESTRUCTURED SO IF YOU HAVE A PLUMBER AND ELECTRICIAN, THEY BOTH CAN PUT THEIR SIGNS UP.
MS. BOWMAN SAID SHE HAD A REPRESENTATIVE COME TO HER TODAY AND THEY DISCUSSED THE ORDINANCE IN QUESTION. SHE SAID SHE THOUGHT THAT MOST OF EVERYTHING IN THIS ORDINANCE IS OUTDATED AND NEVER BEEN ENFORCED. WHAT SHE WANTED TO SEE WAS THE PEOPLE WITH THE YELLOW SIGNS, MEET WITH COUNCIL AND BUSINESS OWNERS, AND GO THROUGH SOME OF THIS AND DISCUSS OF WHAT THE BUSINESS OWNERS WOULD LIKE TO HAVE.
SHE SAID THEY WANT NICE LOOKING SIGNS, WELL KEPT SIGNS, PROMOTING YOUR BUSINESS AND SEE WHAT CAN BE DONE TO MAKE OUR CITY MORE BEAUTIFUL AND USE OUR SIGNS MORE EFFECTIVELY FOR OUR BUSINESSES.
MAYOR SMALL SAID THERE WAS NEVER THE INTENT TO NOT ALLOW YOU TO ADVERTISE. HE SAID ONE BUSINESS IN TOWN THAT IS VERY EFFECTIVELY THAT USES A SIMILAR SIGN, BUT IT IS A PERMANENT SIGN. IT IS WEILAND'S FLOWERS.
THEY HAVE A BIG SIGN THERE, THEY HAVE THE BOARD THERE, THEY HAVE PLASTIC LETTERS. VERY ATTRACTIVE. THEY DON'T HAVE TO WORRY ABOUT 60 DAYS A YEAR. LOOK AT CALVARY BAPTIST CHURCH AND OTHER CHURCHES AROUND TOWN, THEY HAVE PERMANENT SIGNS. AGAIN, THEY HAVE THE PLASTIC LETTERS AND LINES THAT LOOK VERY ATTRACTIVE. HE SAID WE AREN'T SAYING YOU CAN'T ADVERTISE. THE TEMPORARY SIGNS WERE MEANT TO BE TEMPORARY, THEY WERE MEANT TO BE ANCHORED AT THE CORNERS WITH CONCRETE BLOCKS.
MS. BOWMAN SAID YOU HAVE TO KEEP IN MIND THAT SHE DOESN'T OWN PAYNE VILLAGE SHOPPING CENTER. SHE OWNS WHAT IS OUT FRONT BECAUSE SHE PAYS HER RENT. SHE SAID SHE CAN'T PUT UP A BIG SIGN.
MAYOR SMALL SAID THE BOARD OF WORKS CAN APPROVE THESE SIGNS. IT IS JUST A MATTER FOR A PERSON TO COME TO THE MEETING AND EXPLAINING, AS YOU HAVE DONE, WITH THE EXISTING ORDINANCE, MORE THAN LIKELY THE
BOARD OF WORKS WILL SAY YES.
ATTORNEY COPENHAVER SAID WHEN THIS ORDINANCE WAS WRITTEN, THERE WERE ORDINANCES FROM 5 OR 6 OTHER TOWNS AND TRIED TO TAKE THE BEST FROM THOSE TO COME UP WITH AN ORDINANCE FOR NEW CASTLE. WE HAD SEVERAL HEARINGS ON IT. NOT THAT THEY SHOULDN'T BE CHANGED, BUT HE WANTED EVERYBODY TO UNDERSTAND THAT THIS WASN'T SOMETHING THROWN TOGETHER OVER NIGHT.
MAYOR SMALL SAID HE HAD A FORMER COUNTY COUNCILMAN NAIL HIM TO THE WALL LAST WEEK SAYING, YOU KNOW THAT BANNER ACROSS BROAD STREET, THAT IS ILLEGAL. MAYOR SMALL SAID NO IT ISN'T. THEY COME EVERY TIME TO THE BOARD OF WORKS AND GET APPROVAL FOR IT. THERE IS A CLAUSE IN THE ORDINANCE ABOUT EXCEPTIONS. HE GAVE AN EXAMPLE OF THE CONSIGNMENT SHOP AT THE CORNER OF SOUTH MAIN AND I AVE.. HE SAID HE HASN'T SEEN A TACKY SIGN THERE.
PRESIDENT YORK SAID THAT THERE ARE THINGS IN THIS ORDINANCE THAT ARE GOOD, SOME BAD. SHE SAID IF THESE AMENDMENTS DO PASS, SHE WAS SUGGESTING, SHE WANTED TO SEE THE CONCRETE BLOCKS GONE. ANCHOR THEM WITH SOMETHING ELSE. THEY KNOW IT DOESN'T LOOK GOOD.
ATTORNEY COPENHAVER SAID HE WOULD HAVE AN AMENDMENT ON THIS ORDINANCE AT THE NEXT MEETING.
COUNCILMAN REID SAID WHEN HE LOOKS AT THIS ORDINANCE OVER OUR OTHER ORDINANCES, IT LOOKS TO BE AN OVER KILL. HE ASKED IF ANY OF THIS CAN BE SIMPLIFIED AS WE GO THROUGH IT?
ATTORNEY COPENHAVER SAID IF THERE IS ANYTHING TO BE CHANGED, IT MUST BE DONE BY ORDINANCE. SOME OF IT IS TECHNICAL. REMEMBER, WHEN THE COUNCIL ACTED ON THIS IN THE BEGINNING, IT WAS NOT MARILYN'S YELLOW SIGN. IT WAS THE LARGE BILLBOARDS ON STATE ROAD 3. HE WILL HAVE AN AMENDMENT READY.
MAYOR SMALL SAID THAT MS. BOWMAN'S SIGN AND MR. McKOWN'S SIGN ARE ALWAYS NICE. WHAT HE WANTS IS TO GET RID OF THE TACKY SIGNS.
ATTORNEY COPENHAVER SAID HE WOULD TAKE CARE OF THE LANGUAGE THAT WILL GO INTO THE AMENDMENT.
COUNCILMAN REID SAID EVERYONE HAS A DIFFERENT OPINION ON THINGS. HE SAID LETS REGULATE FEWER REGULATIONS AS LONG AS THEY ENFORCE BASIC PRINCIPALS OF PUBLIC HEALTH AND PUBLIC SAFETY. HE FELT THIS WAS MORE IMPORTANT THAN TO REGULATE INDIVIDUAL AESTHETICS OF SIGNS.
MS. BOWMAN SAID AS LONG AS THEY ARE ATTRACTIVE, SHE WAS WILLING TO WORK AND HELP TO HAVE PERMISSION TO MAINTAIN THEIR SIGNS.
ATTORNEY COPENHAVER SAID THAT THE SIGN ORDINANCE IS TO REGULATE. IT CAN GET SO BAD WITHOUT REGULATION, IT CAN BE A HINDRANCE TO BUSINESSES. THEY ARE JUST ALL OVER AND THEY WOULD COME UP WITH LANGUAGE THAT WILL ELIMINATE THOSE THAT SANDY TALKED ABOUT. YOU CAN'T MAKE AN ORDINANCE THAT IS UNENFORCEABLE.
COUNCILMAN REID WANTED THE COUNCIL TO ESTABLISH SOME KIND OF FRAME WORK. GO BACK EVERY 4 TO6 YEARS AND REVISIT A SECTION OF THE CODE. MAYBE, 2 SECTIONS A YEAR. THIS WOULD KEEP THE ORDINANCES UPDATED.
COUNCILADY GOODMAN%u2026%u2026%u2026%u2026%u2026WELCOMED MR. BIGGERSTAFF AND CINERGY METRONET.
MARY LOGAN, N. 18TH ST., SAID THAT IN NEW CASTLE RIGHT NOW, NOBODY HAS A LOT OF MONEY. WE ARE LUCKY TO HAVE THE BUSINESSES THAT WE HAVE. ANYWAY THE BUSINESS OWNERS CAN PROMOTE THEIR BUSINESSES, WE MAY HAVE TO ACCEPT THEIR TACKY SIGNS IF THEY CAN'T AFFORD NEW SIGNAGE RIGHT NOW. SHE SAID FOR US TO BE WORRYING ABOUT A BUSINESS BEING SUCCESSFUL IN OUR CITY, WHAT KIND OF SIGN THEY HAVE OUT FRONT UNLESS IT IS TOTALLY DEROGATORY NEGATIVE SIGN, WE NEED TO TAKE CARE OF OUR BUSINESSES IN OUR CITY AND LET THEM PROMOTE THEIR BUSINESSES THE BEST WAY THEY CAN. SHE SAID SHE UNDERSTOOD WHERE MAYOR SMALL WAS COMING FROM ABOUT THE TACKY SIGNS. SHE SAID SHE TALKED TO MANY DIFFERENT BUSINESS OWNERS IN THE PAST TWO WEEKS AND THINGS ARE NOT GOOD. INSTEAD OF WORRYING ABOUT THE TEMPORARY SIGNS, LETS THANK THEM FOR DOING BUSINESS AND NOT SEND THEM STATEMENTS OR THREATS OF BEING FINED.
NORMA DISHMAN SAID SHE WAS MORE CONCERNED WHAT WAS ON THE SIGN RATHER THE SIZE OR SHAPE. HER CONCERN WAS THE LANGUAGE THAT COULD BE PUT ON A SIGN.
ATTORNEY COPENHAVER SAID YOU HAVE TO BE VERY CAREFUL WITH RESTRICTIONS OF WHAT COULD BE PUT ON A SIGN. THINGS SHOULD NOT BE PUT ON THAT OTHER PEOPLE FIND OFFENSIVE. WHAT HE FINDS OFFENSIVE SOMEONE ELSE MAY NOT. YOU HAVE TO BE CAREFUL WHEN YOU REGULATE FREE SPEECH.
COUNCILMAN HAHN%u2026%u2026%u2026%u2026%u2026.SAID HE HAD CALLS ABOUT CROSSING LINES THAT HAVE WORN OFF AROUND EASTWOOD SCHOOL ON 22ND STREET.
MAYOR SMALL SAID THAT MR. TICHENOR IS WORKING ON THAT AT THIS TIME. ALL OF THE SCHOOLS ARE BEING INCLUDED, THE PROBLEM IS AT ALL THE SCHOOLS AND THE LINES WILL BE REPAINTED THIS FALL.
PUBLIC:
RHEA LAMB, 310 N. 9TH ST., SAID THERE ARE 2 HOUSES ACROSS FROM HER HOME THAT ARE VACANT AND KIDS HAVE BEEN BREAKING IN. SHE SAID SHE HAD PICTURES TO PROVE IT. THE HOUSES NEED TO BE TORN DOWN. SHE SAID SHE HAD BEEN TOLD THAT THE HOUSES WOULD BE TORN DOWN IN AUGUST. SO, SHE ASKED MAYOR SMALL WHAT HE WAS GOING TO DO ABOUT IT.
MAYOR SMALL SAID WHEN WE GET THE MONEY, WE WILL TEAR THEM DOWN.
PRESIDENT YORK MOVED TO ADJOURN.
COUNCILMAN REID: SECON
