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City Council Meeting Minutes - 8/1/2011

COMMON COUNCIL 

AUGUST 1, 2011                       7:00 P.M.

 

THE PLEDGE OF ALLEGIANCE WAS GIVEN BY EVERYONE IN ATTENDANCE.

PRAYER WAS GIVEN BY DON TICHENOR.

MAYOR SMALL OPENED THE MEETING OF THE COMMON COUNCIL.

 

ROLL CALL:

SANDY YORK                                 PRESENT                 

ANGIE GOODMAN                         ABSENT

JAMES KIDD                                  PRESENT

MARY MALONE                             PRESENT

MARK KOGER                                PRESENT

VAUGHN REID                               PRESENT

RICHARD HAHN                             PRESENT

 

MINUTES WERE APPROVED AS PRESENTED.

 

ORDINANCES:

 

ORDINANCE #3625
AN ORDINANCE AMENDING THE NEW CASTLE CODE TITLE VII, CHAPTER 74, SCHEDULE 1 (CREATION OF 3-WAY STOP AT N. 20TH AND HIGHLAND AVE.) WAS READ BY TITLE ONLY ON SECOND READING BY SANDY YORK.

     COUNCILMAN REID MOVED TO TABLE THIS ORDINANCE BECAUSE HE SAID THERE WERE SAFETY CONCERNS HE WANTED CHECKED BY THE POLICE CHIEF AND THE TRAFFIC COMMITTEE BEFORE THE PASSAGE OF THIS ORDINANCE.   PRESIDENT YORK: SECOND

ROLL CALL VOTE: SIX VOTES AYE.                  PASSED AND ORDERED.

 

ORDINANCE #3626-
AN ORDINANCE ESTABLISHING FOUNDATION FEES AT THE CEMETERY WAS READ BY TITLE ONLY ON SECOND READING BY SANDY YORK.

      PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON SECOND READING.  COUNCILMAN KOGER: SECOND

DISCUSSION:  STEVE HACKER, CEMETERY SUPERINTENDENT, SAID THERE ARE FAMILIES THAT HAVE PLOTS IN SECTION F HAVE ASKED FOR PERMISSION TO HAVE THE FOUNDATIONS PUT IN.  HE SAID THEY HAVE BOUGHT 6 GRAVES AND WANT THE CONTINUOUS FOUNDATIONS.

      COUNCILMAN REID SAID HE KNEW THERE WAS SOME PLACES ON THE SOUTH BOUND SIDE WHERE FAMILIES HAVE DONE THINGS SUCH AS STEPS GOING UP.  HE SAID HIS UNDERSTANDING WAS IF THE FAMILY BOUGHT A LARGE AMOUNT OF SPACES, PAID A COMPANY TO POUR THE FOUNDATION, THERE WOULDN'T BE ANY THING AGAINST THAT.  IS THAT CORRECT?

       COUNCILMAN KOGER ASKED IF ALL THE SPACES HAD TO BE OWNED BY THE SAME FAMILY.

       PRESIDENT YORK SAID FOR EXAMPLE, WHERE HER FAMILY IS AT.  IF WE ALL WANTED THE CONTINUOUS FOUNDATION, WE OWN ABOUT 6 OR 7 PLOTS THERE%u2026%u2026%u2026%u2026%u2026%u2026.

       COUNCILMAN KOGER SAID THAT IS GOING AGAINST WHAT WE ARE TALKING ABOUT.

       PRESIDENT YORK SAID THEY ARE GOING TO HAVE IT POURED ANYWAY.  WOULD THE CITY BE ABLE TO OFFER THAT SERVICE TOO?  WITH THE WAY THE ORDINANCE IS WRITTEN?

       COUNCILMAN REID SAID THAT BRINGS UP THE BIGGER QUESTION.  IS THE CITY GOING TO GO INTO THE FOUNDATION BUSINESS?

       COUNCILMAN KOGER SAID HE WANTED TO SEE THIS PASSED THE WAY IT IS NOW.  THE WAY IT IS WRITTEN.

       PRESIDENT YORK SAID IF 6 PLOTS ARE BOUGHT AND THEY WANT THE CITY TO GO AHEAD AND POUR JUST FOR THEIR SECTION.

       COUNCILMAN REID SAID WHAT MIGHT BE REASONABLE, FOR FUTURE REFERENCE, CREATE A CEMETERY ADVISORY BOARD THAT OPERATES WITH SOME APPOINTEES FROM THE COUNCIL, THE MAYOR'S OFFICE, SO THEY CAN DEAL WITH SOME OF THESE OPERATIONAL TYPE THINGS.  SIMILAR TO THE PARK BOARD.

       COUNCILMAN HAHN ASKED ABOUT THE CEMETERY COMMITTEE BOARD.  WHY DON'T WE LET THEM DO IT?  WE NEED TO HAVE THEM DO IT AND REPORT BACK TO US.

       COUNCILMAN REID SAID HE AGREED TO PASS THIS ORDINANCE TONIGHT AND THEN LOOK AT IT FURTHER.  IT IS REALLY A SEPARATE ISSUE.

       GREG YORK, 519 SO. 11TH STREET, SAID THE PART HE DIDN'T LIKE WAS IT WAS TAKING AWAY FROM LOCAL CONTRACTORS.  HE SAID HE WAS NOT FOR THAT. HE SAID FOR THE CITY TO EITHER GET INTO THE FOUNDATION BUSINESS OR LET THE LOCAL CONTRACTORS STAY IN BUSINESS.  HE SAID HE WASN'T FOR TAKING BUSINESS AWAY FROM LOCAL CONTRACTORS.

       COUNCILMAN REID SAID THAT WAS THE SECOND ISSUE.

ROLL CALL VOTE: FIVE AYES    ONE NAY (MALONE)         PASSED AND ORDERED.

 

ORDINANCE #3627
AN ORDINANCE REQUIRING PROPERTY CLEAN UP, DEBRIS REMOVAL AND CHARGES WAS READ BY TITLE ONLY ON SECOND READING BY SANDY YORK.

     PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON SECOND READING.  COUNCILMAN KIDD: SECOND

 

PRESIDENT YORK SAID WE ADDED PARAGRAPH 5 TWO WEEKS AGO. EVERYTHING ELSE IS THE SAME.  SHE READ PARAGRAPH 5, TIME LIMITS AND APPLICATIONS TO BE MADE FOR EXTENSION DUE TO HARDSHIPS.

 

ROLL CALL VOTE: SIX VOTES AYE.          PASSED AND ORDERED.

 

ORDINANCE #3628
AN ORDINANCE AMENDING THE ZONING DISTRICTS OF THE CITY OF NEW CASTLE WAS READ BY TITLE ONLY ON SECOND READING BY SANDY YORK.

     PRESIDENT YORK MOVED TO PASS THIS ORDINANCE.  COUNCIL LADY MALONE: SECOND

DISCUSSION:

COUNCILMAN REID SAID HE HAD DATA THAT HE WANTED TO ENTER INTO THE RECORD.  HE SAID HE HAS SPOKEN WITH THE HOUSING AUTHORITY IN THE PAST WEEK.  PROJECT SECTION 8, HUD SECTION 8 VOUCHERS THAT ARE ATTACHED TO PROPERTY DEVELOPMENT.  HE SAID THE OTHER THING THAT HE UNDERSTOOD IS, FROM SPEAKING WITH VARIOUS PEOPLE IN THE COMMUNITY WHO DEAL WITH HOUSING, THERE IS A TAX CREDIT PROPERTY.   IN ORDER TO RECEIVE THEIR TAX CREDIT HAVE TO BE FULL.  HE SAID HIS UNDERSTANDING WAS, AUTUMN OAKS IS A TAX PROPERTY WITH 72 UNITS, BETHENEY VILLAGE IS A

 PROJECT, A SECTION 8 PROPERTY, SOMEWHERE UNDER 30, FAITH MANOR HAS 36 UNITS WHICH IS A PROJECT SECTION 8, FORREST KNOLL HAS 28 UNITS AND IT IS FAMILY PUBLIC HOUSING,  FAMILIES IS DEFINED AS TWO OR MORE PEOPLE.  FOSTER'S LANDING HAS 92 UNITS THAT ARE TAX CREDIT PROPERTIES, GRAND AVENUE COMMONS HAS 50 UNITS THAT IS TAX CREDIT PROPERTY, MAPLEWOOD TERRACE HAS 100 UNITS, PUBLIC HOUSING, ROSE COURT HAS 20 UNITS THAT ARE TAX CREDIT, STONEGATE HAS 122 UNITS, SOME ARE SECTION 8, THORN CROFT HAS 28 UNITS AND IS PUBLIC HOUSING, WILLOW GLENN HAS 50 UNITS, SECTION 8, WOODSIDE MANNER HAS 34 UNITS SUBSIDIZED.  SOME HAVE WAITING LISTS.  SOME OF THE TAX CREDIT MAY OR MAY NOT HAVE A WAITING LIST.  HE ASKED TO ENTER THIS INTO THE RECORD.  HE ASKED REPRESENTATIVES FROM KELLER DEVELOPMENT IF THEY HAD A MARKET STUDY AVAILABLE THAT CAN BE ENTERED INTO THE RECORD FOR THE COUNCIL TO STUDY?

     
DAWN GALLOWAY, REPRESENTATIVE OF KELLER DEVELOPMENT SAID NO THEY DID NOT HAVE A MARKET STUDY YET.  SHE SAID WE HAVE PRELIMINARY ANALYSIS.  WE DON'T HAVE FULL MARKET STUDY.  WE ORDER THAT AFTER WE RECEIVE APPROVAL.

      COUNCILMAN REID SAID THE REASON HE ASKED WAS WE ALREADY HAVE SOME TAX CREDIT PROPERTIES THAT ARE HAVING A HARD TIME STAYING FULL.  HE SAID HIS UNDERSTANDING WAS YOU DON'T GET TAX CREDITS UNLESS THEY ARE FULL.

      MS. GALLOWAY SAID THEY HAD A PRELIMINARY ANALYSIS DONE IN JANUARY OF THIS YEAR.  AMONG THE AFFORDABLE PROPERTIES CONTACTED THERE WAS ONLY A 1% VACANCY RATE.  THEY PROBABLY ARE NOT ALWAYS FULL BUT THE FACT OF THE MATTER IS ON A TAX CREDIT PROPERTY, ONCE YOU LE4ASE THE DEVELOPMENT, YOU HAVE A CERTAIN AMOUNT OF TIME THAT YOU LEASE IT OUT TO DELIVER THE TAX CREDIT.  YOU HAVE TO OCCUPY EVERY TAX CREDIT UNIT WITH A QUALIFIED TENANT.  THAT HAS TO HAPPEN WITHIN THE TIME FRAME YOU GAVE, USUALLY 12 MONTHS.  ONCE YOU HAVE FILLED EVERY UNIT THAT QUALIFIES THE TAX CREDIT FOR THE FULL TEN YEAR.  THE ONLY WAY YOU COULDN'T DELIVER A TAX CREDIT IS IF YOU DO NOT STAY IN COMPLIANCE.  THAT IS IN REGARDS TO MAKING SURE THE PERSON THAT YOU MOVE IN IS WITHIN THE INCOME LEVEL.  THAT IS WHY WE HAVE OUR OWN MANAGEMENT.  ONCE EVERY UNIT HAS BEEN OCCUPIED ONE TIME, YOU CAN DELIVER YOUR TAX CREDIT FOR THE FULL TEN YEAR.

     COUNCILMAN HAHN ASKED IF THE FACILITY IS ADA ACCESSIBLE.

     MS. GALLOWAY SAID EVERY UNIT.  THE ENTIRE BUILDING.

     COUNCILMAN HAHN SAID HE WAS VERY CONCERNED ABOUT THAT SINCE HE HAD TALKED WITH SEVERAL ELDERLY WHO HAVE WALKERS OR WHEEL CHAIRS.  IF THE WIDTH ISN'T WIDE ENOUGH THEY WON'T HAVE THE OPPORTUNITY %u2026%u2026%u2026%u2026%u2026%u2026..

     MS. GALLOWAY SAID THAT THIS PROPERTY IS NOT ONLY ACCESSIBLE; EVERY UNIT CAN BE ADAPTED TO BE ADA ACCESSIBLE WHICH MEANS WHEELCHAIR ACCESSIBILITY.  SOME UNITS ARE SET UP WITH SPECIAL CARPET, SPECIAL CABINETS, SPECIAL APPLIANCES, AND THINGS LIKE THAT.  WE ADAPT THE UNIT FOR THEM.  EVERY UNIT IS EQUIPPED WITH A 42 INCH DOOR THAT THEY WILL NEED IF THEY ARE WHEEL CHAIR BOUND.

     COUNCILMAN REID SAID MOST OF THE PROPERTIES IN TOWN ARE HANDICAPPED ACCESSIBLE, NOT ALL OF THEM ARE TYPE A.  MOST HAVE A FEW UNITS THAT ARE.  THEY CAN BE BROUGHT UP TO TYPE A SPECIFICATIONS.

     MS. GALLOWAY SAID IT DEPENDED ON THE FRAMING.  IF THE DOOR IS NOT 42 INCHES, THEY PROBABLY CAN'T MAKE IT THAT.

     COUNCILMAN KIDD ASKED IF THE PARKING IS ADEQUATE.

     MS. GALLOWAY SAID THE PARKING IS ADEQUATE. 

     COUNCILMAN KIDD ASKED IF KELLER DEVELOPMENT HAD GIVEN ANY THOUGHT TO UNDERGROUND WIRING INSTEAD OF RUNNING WIRES ON POLES.

     MS. GALLOWAY SAID THEY HADN'T GOTTEN THAT FAR INTO THE DEVELOPMENT PLAN PROCESS BUT WE COULD CONSIDER THAT.

     COUNCILMAN KIDD SAID BECAUSE THE WAY IT LOOKS.  WE HAVE SOME PROJECTS IN TOWN, DURING THE LAST ADMINISTRATION WE OVER LOOKED THE CHECKING THE OVERHEAD WIRING VERSUS THE UNDERGROUND WIRING.  HOPEFULLY, WE CAN DO SOMETHING FOR FUTURE DEVELOPMENTS.  MAYBE THE EASTSIDE PROJECT.

     COUNCIL LADY MALONE SAID IF YOU PUT THE UNDERGROUND IN AT THE BEGINNING, IT IS MORE EXPENSIVE AFTER THE PROJECT IS DONE.

     DEBBIE BAKER, 1005 IVY WOOD COURT, ASKED ABOUT THE MARKET STUDY AFTER YOU GOT THE APPROVAL.  SHE SAID UNDERGROUND WIRING IS THE WAY EVERYBODY IS GOING NOW.  COULD THAT BE PART OF THE APPROVAL CONTINGENCY THAT THEY GET THAT OR COULD YOU PUT MORE BITE INTO IT AND SAY THAT IS WHAT WE WANT?

     PRESIDENT YORK SAID THAT ALL THAT IS FRONT OF US TONIGHT IS THE CHANGING OF THE ZONING.  THE DESIGNS AND WIRING WILL HAVE TO COME AT A DIFFERENT READING.

     COUNCILMAN REID SAID HE WOULD VOTE AYE TONIGHT BUT HE WAS NOT CONVINCED THAT WE NEED THIS, NOT CONVINCED WE DON'T.

 

ROLL CALL VOTE: SIX VOTES AYE.                   PASSED AND ORDERED.

 

ORDINANCE #3629
AN ORDINANCE PROHIBITING EXTREME SPORTS ACTIVITY ON CERTAIN PARK AREAS AND CITY OWNED PROPERTIES WAS READ IN FULL ON FIRST READING BY SANDY YORK.

     PRESIDENT YORK SAID THERE WAS A RECOMMENDATION FROM THE PARK BOARD.

DISCUSSION: COUNCILMAN HAHN SAID HE HEARD, AFTER HOURS AT THE MUNICIPAL BUILDING OR ANY OTHER BUSINESS. IT SAYS DURING WORKING HOURS.  AFTER WE GET OFF WORK, THE MAYOR GOES HOME, ALONG WITH HIS STAFF, THEY COULD BE OUT HERE IN FRONT OF THE BUILDING OR IN BACK OF THE BUILDING, BECAUSE IT SAYS DURING WORKING HOURS.  IF WE ARE GOING TO PASS AN ORDINANCE, LET'S DO SOMETHING THAT IS EFFECTIVE.  HE ASKED CHIEF NICHOLSON WHAT HE THOUGHT.

      CHIEF NICHOLSON SAID THAT WOULD BE SUFFICIENT.

      COUNCILMAN REID SAID HE HAD TALKED WITH OTHERS AND ATTORNEY COPENHAVER AND CAME UP WITH THE IDEA TO HAVE A REVIEW CAPABILITY EITHER THROUGH THE BOARD OF WORKS OR WHATEVER, WHERE NOT BLANKET,  YOU CAN'T DO THAT IN SPECIFIC LOCATIONS, THAT COULD BE THE IDEA BEHIND  OTHER SPECIFIC PUBLIC STRUCTURES OR LAND TO TRY TO FIND THE BOARD OF WORKS OR  PARK BOARD UNSUITABLE FOR EXTREME SPORTS ACTIVITY.  HE SAID WHERE THAT IS, WITH THE UNDERSTANDING, AT LEAST THIS COUNCIL MEMBER DOESN'T WANT TO SEE SOMETHING THAT COMES ALONG AND SAYS YOU CAN'T SKATEBOARD OR BICYCLE IN NEW CASTLE.  THERE ARE APPROPRIATE AND INAPPROPRIATE PLACES. 

     PRESIDENT YORK SAID UNDER THE LETTER H.  DO WE NEED TO ADD THE PARK AT HOSPITAL HEIGHTS?

     COUNCILMAN KIDD SAID YES.  EVERY PARK SHOULD BE INCLUDED.

     COUNCILMAN REID SAID AN AMENDMENT SHOULD BE MADE WHERE IT SAYS BASKETBALL COURT OR VOLLEY BALL COURT OR PLAYGROUND EQUIPMENT, THAT BE GENERALIZED OR PICNIC TABLES OR SHELTER HOUSES, THAT SHOULD INCLUDE EVERY CITY PARK.  IF IT ISN'T APPROPRIATE TO SKATE AT THE SHELTER HOUSE IN BAKER PARK, IT ISN'T APPROPRIATE IN THE FUN PARK.

     PRESIDENT YORK ASKED IF LETTER F COVERED THAT.  IT DOES SAY ANY OTHER STRUCTURES LOCATED ON CITY PARK PROPERTY.

     ATTORNEY HARVEY SAID HE THOUGHT THAT WOULD COVER SHELTER HOUSES OR OTHERWISE AT ANY OF THE PARKS.

     COUNCILMAN REID ASKED IF SOMETHING COULD BE DONE WITH THE PLAYGROUND EQUIPMENT, THE BASKETBALL AND VOLLEYBALL %u2026%u2026%u2026%u2026.

     ATTORNEY HARVEY SAID YES IT COULD BE.

     PRESIDENT YORK SAID C, D, G, AND H.  YOUR AMENDMENT WOULD SAY, CITY PARK PROPERTIES.

     COUNCILMAN HAHN ASKED ABOUT DAVE McCALISTER.  HE ASKED IF MR. McCALISTER KNEW WHAT THEY WERE DOING TONIGHT.  HE SAID WE ARE DOING WHAT IS BEST FOR THE CITY BUT THEY SHOULD BE MADE AWARE OF IT SINCE THEY WERE BIG SUPPORTERS BEFORE.

     DIRECTOR DAVIS SAID IT WAS ADVERTISED IN THE PAPER.

     COUNCILMAN REID SAID AT THE PARK BOARD MEETING, MR. HADDIN WAS THERE AND HAD CONCERNS ABOUT THE APPROPRIATES OF THIS ORDINANCE.  MR. McCALISTER AND HIS WIFE ARE WORKING ON CREATING A 501C3.  ONE OF THE QUESTIONS THEY ASKED AT THE BOARD MEETING WAS ABOUT THE FEASIBILITY OF USING THE PARK WHERE THE ARMORY USED TO BE AND POSSIBLY THE ARMORY OR A LARGER COMPLEX TYPE OF FACILITY.  HE APPEARED TO BE WORKING ON THE ORGANIZATIONAL SIDE OF THINGS TO SET UP A CORPORATION TO DEAL WITH SOME OF THE FINANCIAL ASPECTS.   HE SAID ONE OTHER THING THAT POPPED UP IN THE MEETING WAS MR. HADDIN ASKED, I HAVE X, Y, AND Z EQUIPMENT.  CAN WE DRAG IN DOWN TO THE PARKING LOT AT THE AQUATIC CENTER AFTER HOURS AND SKATE?  IF NO ONE IS USING THE LOT AND AFTER TALKING WITH ATTORNEY COPENHAVER, HE WAS CONCERNED ABOUT THE LIABILITY.  HOW APPROPRIATE WOULD THAT BE?  THERE NEEDS TO BE SOMETHING IN THIS ORDINANCE TO ADDRESS THAT AND HE SAID HE DIDN'T KNOW WHAT THE COUNCIL WANTED TO DO.  HE SAID THE OTHER THING THAT WAS TALKED ABOUT AT THE MEETING, THE SKATE BOARDERS ASKED, WHERE ARE WE ALLOWED TO SKATE AND WHAT IS PERMISSIBLE.  THIS REALLY DOESN'T SPEAK TO THAT AND HE DIDN'T KNOW IF THERE NEEDED TO BE AN INSERSION OR PARAGRAPH.

     PRESIDENT YORK ASKED IF THAT WOULD BE A RECOMMENDATION FROM THE PARK BOARD OF WHERE THEY COULD SKATE.

     DIRECTOR DAVIS, MEMBER OF THE PARK BOARD, SAID THE MEMBERS DECIDED TO LET THE COUNCIL ADD WHATEVER WAS NEEDED IN THE ORDINANCE. 

     PRESIDENT YORK SAID THIS WAS BROUGHT UP BEFORE BUT DIDN'T FLY.  THE ARMORY PROPERTY WAS MENTIONED AS A SKATE PARK BUT IT DIED ON THE FLOOR.   THE AMORY PROPERTY WAS LOOKED AT ONCE FOR A SKATE PARK.  WE LOOKED INTO THE SKATE PARKS AND THE MINIMUM WITH VERY LITTLE EQUIPMENT WAS $50,000.00.  TO GET ONE HALF WAY IT WOULD BE AROUND $100,000.00.  THERE IS A FUND THAT WAS SET UP FOR DONATIONS, THE NON-REVERTING FUND THAT CAN ONLY BE USED FOR THE SKATE PARK.

     PRESIDENT YORK ASKED TO MAKE SURE HOW THE AMENDMENTS ARE WANTED.  SHE SAID, THERE IS C, D, G AND H, AND ADD CITY PARK PROPERTIES.

     COUNCILMAN REID SAID GENERALIZED; YES TO INCLUDE THOSE TYPES OF PLACES AT ALL CITY PARKS.  A CLARIFICATION ABOUT OUR LIABILITY CONCERNS IF PEOPLE BRING THERE OWN EQUIPMENT.  THERE MAY BE A PROCESS WHERE YOU CAN GET A PERMIT FROM THE BOARD OF WORKS TO HAVE AT CERTAIN TIMES BUT ATTORNEY COPENHAVER WAS VERY CONCERNED ABOUT THROWING SOME EQUIPMENT OUT AND DOING THEIR THING.

     PRESIDENT YORK SAID WE MIGHT HAVE TO DO THE AMENDMENTS THAT WE HAVE NOW AND ADD THOSE LATER.

     COUNCILMAN REID MADE THE MOTION TO AMEND ITEM C, D, G, AND H, ADDINGALL CITY PARKS PROPERTIES.

     PRESIDENT YORK: SECOND

     COUNCILMAN KOGER SAID HE THOUGHT THIS WAS GOING TO BE VERY HARD ON OUR POLICE FORCE TO ENFORCE.  HE SAID WE HAVE SKATEBOARDERS NOW THAT RIDE DOWN THE MIDDLE OF MAIN STREET IN TRAFFIC AND COULD BE ARRESTED ON A STATE IC CODE.  BUT OUR POLICE KNOW NOT TO DO THAT ON A REGULAR BASIS.  HE SAID HE THOUGHT THIS WAS GOING TO BE A PAIN FOR THE POLICE TO DEAL WITH.   SIGNAGE AND COST WERE DISCUSSED AND WHAT APPROPRIATION WOULD PAY FOR THE SIGNS. 

      POLICE CHIEF NICHOLSON DISCUSSED WHAT CAN HAPPEN AND WHAT HAS HAPPENED WITH JUVENILES THAT COMMITTED OFFENSES OR FOLLOW THE RULES, THE OFFENDER WILL LOOSE THEIR SKATE BOARD FOR A PERIOD OF TIME.  ON THE 2ND OFFENSE, GIVE US THE POLICE THE AUTHORITY TO CONFISCATE THE BOARD OR BICYCLE.  ONCE THEY SEE THAT IT WILL BE ENFORCED, THEY WILL COME INTO APPLIANCE. 

      COUNCILMAN REID ASKED ONCE THOSE ARE CONFISCATED, WHAT PROCESS HAPPENS TO GET THEM BACK?

      POLICE CHIEF NICHOLSON SAID THE PARENTS MUST COME IN.  THIS WOULD BE ON THE 2ND OR 3RD OFFENSE.

     COUNCILMAN REID ASKED HOW YOU WOULD PHRASE THAT SINCE ALL MAY NOT BE JUVENILES.   HOW WOULD YOU PUT A TIME LIMIT ON THAT?

      ATTORNEY HARVEY SAID BY STATE LAW, SOMETHING TAKEN INTO EVIDENCE, A PERSON CAN HAVE IT BACK AFTER THE CASE IS OVER. 

      PRESIDENT YORK SAID SHE WANTED TO THINK MORE ON THAT.

      CHIEF NICHOLSON SAID THAT IF A JUVENILE IS FINED, THE PARENTS ARE RESPONSIBLE FOR PAYMENT.

      DISCUSSION ON WHAT A FINE COULD COST AND WHO WOULD BE RESPONSIBLE FOR ANY DAMAGES THAT MAY OCCUR TO PROPERTY.

      COUNCILMAN HAHN ASKED WHAT HOURS HAD BEEN DECIDED UPON.  HE SAID IF WE ARE GOING TO PASS AN ORDINANCE%u2026%u2026%u2026%u2026%u2026%u2026.

      COUNCILMAN REID SAID THE PARK BOARD HAD THIS DISCUSSION.  AFTER THE POOL IS COMPLETELY CLOSED, IF THEY WANTED TO SKATE IN THE LOT, THAT WOULDN'T HURT ANYTHING.  THE EQUIPMENT IS THE ISSUE THAT WE WILL HAVE TO ADDRESS.  THIS IS WHERE THE BOARD OF WORKS NEEDS THE FLEXIBILITY.  HE SAID THEY GET THAT IN PARAGRAPH J.  IT MAY BE APPROPRIATE NOT TO HAVE SKATING AT ANY TIME IN THE CITY LOTS HERE BUT THERE MAY BE OTHER LOCATIONS WHERE IT IS APPROPRIATE.

     PRESIDENT YORK SAID SHE WILL THINK ABOUT THOSE HOURS.

     COUNCILMAN REID SAID THAT SECTION J GAVE THE AUTHORITY TO THE BOARD OF WORKS IF THEY FEEL SOMETHING SHOULD BE OFF LIMITS ALL THE TIME.

     ATTORNEY HARVEY SAID YES.

THE MOTION TO AMEND WAS MADE AND SECONDED.

ROLL CALL VOTE: SIX VOTES AYE                       AMENDED

 

ORDINANCE #3629 -AN ORDINANCE PROHIBITING EXTREME SPORTS ACTIVITY ON CERTAIN PARK AREAS AND CITY OWNED PROPERTIES AS AMENDED WAS READ BY SANDY YORK.

     PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON FIRST READING.  COUNCILMAN REID: SECOND

DISCUSSION:  KELLY McCASLIN, BROAD STREET, SAID INSTEAD OF TELLING THEM WHAT THEY CAN'T DO, TELL THEM WHAT THEY CAN.  HE SAID IT SOUNDS LIKE YOU ARE TELLING THESE KIDS THAT THEY CAN'T SKATEBOARD AT ALL.  THERE ISN'T ANY WHERE FOR THEM TO GO TO SKATEBOARD.  HE THOUGHT THAT EVERY STREET IN NEW CASTLE WAS OWNED BY THE CITY AND THEY COULDN'T SKATE THERE.

    COUNCILMAN REID CORRECTED THE STATEMENT.  THE PROPERTY OWNERS OWN OUT TO THE MIDDLE OF THE STREET.  THE CITY TAKES CARE OF THE STREETS. HE SAID THERE WAS A TONY HAWK GRANT THAT HELPED PAY FOR THE SKATEBOARD FACILITY AT OSBORNE PARK.  TO HAVE A NICE SKATE PARK IS GOING TO COST A BUNCH OF MONEY.  THE INTENT IS NOT TO SAY THEY CAN'T SKATEBOARD ANY WHERE.  THERE ARE LOCATIONS WITHIN THE PARK; HIS UNDERSTANDING WAS IF THE SHELTER HOUSE ISN'T BEING USED, THE PARKING SPACE AROUND IT COULD BE USED.  NO, THERE ISN'T GOING TO BE ANYTHING COOL AND EXCITING TO JUMP ON BUT YOU COULD SKATE DOWN, FOLLOW THE TRAFFIC ORDINANCES, YOU COULD STILL SKATE DOWN ALONG THE SIDE OF THE ROAD OR WHATEVER.  THE PURPOSE OF THIS IS TO KEEP PEOPLE FROM GRINDING OFF THE EDGES OF THE PICNIC TABLES AND TEARING UP THE SHELTER HOUSES AND RUNNING THE BASKETBALL PLAYERS OFF THE COURT.  IT IS NOT ALL THE SKATEBOARDERS, IT'S NOT ALL BICYCLERS.  THERE ARE A FEW THAT REFUSE TO USE ANY COMMON SENSE AND RIGHT NOW THE POLICE DON'T HAVE A TOOL TO DEAL WITH THEM.  THIS JUST GIVES THEM A TOOL SO IF THERE IS A PROBLEM; THEY CAN DO SOMETHING AND MAKE THE PARK ENJOYABLE FOR EVERYBODY.  THAT'S THE GOAL.

     PRESIDENT YORK SAID THE ONLY AREAS THEY CAN'T SKATE AT WAS READ HERE TONIGHT. THE AQUATIC CENTER, AFTER ALL, WE HAVE 3 OR 4 MILLION DOLLARS INVESTED THERE.  THE OUTDOOR EATING AREA AROUND THE POOL.  THE VOLLEYBALL COURT WAS JUST REDONE LAST SUMMER.  THE FUN PARK NEEDS MAINTENANCE DONE ON IT.  ALL THE SHELTER HOUSES ARE BEING TOTALLY DESTROYED.  THOSE ARE THE ONLY PLACES THAT WE ARE ASKING THAT THEY DON'T SKATEBOARD.

     MR.  McCASLIN SAID THERE WAS NO PLACE FOR THEM TO DO THEIR TRICKS.

     COUNCILMAN REID SAID HE DIDN'T DISAGREE BUT THE CITY DOESN'T HAVE THE MONEY.  THE SUPPORT IS NOT THERE TO GENERATE THE MONEY.

      MR. McCASLIN ASKED IF THE McCALISTERS CAME UP WITH SOMETHING, WOULD THE CITY BE WILLING TO DONATE THE ARMORY TO THEM.

      COUNCIL LADY MALONE SAID THE LAST TIME THIS WAS DISCUSSED; THEY DIDN'T WANT THE ARMORY AREA.  THEY WANT AT THE PARK.

      COUNCILMAN REID SAID IF IT CAME DOWN TO IT AND THERE WAS SOMETHING

THAT WAS GOING TO GENERATE THE CITY X NUMBER OF DOLLARS, TAX REVENUE A YEAR, Y U'D HAVE TO WEIGH IT AND SEE WHICH WOULD HAVE THE BETTER ECONOMIC BENEFIT ON THE COMMUNITY.  HE SAID HE WAS OPEN MINDED AND WILLING TO LOOK AT IT BUT HE WAS NOT WILLING TO SADDLE THE CITY WITH MORE COST.  HE SAID THERE WOULD HAVE TO BE A LOT DONE BEFORE A DECISION COULD BE MADE.  HE HOPED THAT PEOPLE THAT WERE INTERESTED WOULD COME FORTH.  HE THOUGHT IT WAS A TOO BIG OF PROJECT TO JUST ASK FOR DONATIONS.  POSSIBLY A TAX EXEMPT ORGANIZATION WOULD BE WILLING TO HELP.  THOSE STEPS NEED TO BE TAKEN FIRST BEFORE A PLACE FOR THE RAMPS CAN BE DISCUSSED.

      DEBBIE BAKER, 105 IVYWOOD, SAID SHE HEARD THAT THE PARK SAID THEY DIDN'T HAVE A HUNDRED THOUSAND DOLLARS TO BUILD THIS SKATING BOARD PARK.  THEN TALKED TO THE CHIEF ABOUT STOPPING THE KIDS AND CHASING THEM ALL AROUND.  SHE SAID TO HER, THE PARKS PEOPLE DON'T WANT TO SPEND THE MONEY ON A PLACE FOR THE KIDS TO DO SOMETHING AND SHIFTING IT OVER TO THE POLICE DEPARTMENT.  WE SPEND MONEY FOR POLICE TO GO OUT AND CHASE KIDS WITH SKATEBOARDS.  SHE SAID OUR POLICE DEPARTMENT NEEDS TO SPEND MORE TIME TRYING TO SHUT DOWN CRACK HOUSES, DRUG DEALERS, AND DOING THINGS LIKE THAT.  SHE SAID THE KIDS ARE GOING TO DO IT SO WHY NOT FIND THEM A PLACE TO DO IT.  SHE SAID SHE WOULD RATHER HAVE THEM SKATEBOARDING THAN SMOKING CRACK.

      COUNCILMAN REID SAID THIS WILL DECREASE THE TIME FOR POLICE BECAUSE IT IS GIVING THEM A TOOL TO WORK WITH.  HE THOUGHT ADULTS MUST GET INVOLVED TO GET SOMETHING DONE.

      CAROL GOODWIN, 241 W. RILEY RD., ASKED ABOUT THE LIABILITY IF SOMEONE PUT UP A RAMP OF THEIR OWN AND USED IT OR ANY KIND OF SPORT, IS THERE A DISTINCTION?

      ATTORNEY HARVEY SAID FROM A LEGAL POINT THERE MAY NOT BE THAT MUCH OTHER THAN IF THE CITY IS ENCOURAGING THAT TYPE OF EQUIPMENT EVEN TO BASKETBALL OR VOLLEYBALL.

      MRS. GOODWIN SAID THAT WAS SOMETHING TO THINK ABOUT IF THIS WAS GOING TO START TO HAPPEN.

 

ROLL CALL VOTE:  SIX VOTES AYE.                       PASSED AND ORDERED.

 

COUNCIL REPORTS:
 

PRESIDENT YORK%u2026%u2026%u2026%u2026..REQUEST FOR EXTRA PATROL AT THE INTERSECTION OF SO. 21ST AND G AVE. BECAUSE OF SPEEDERS AND SINCE THE NEW STOP SIGN WAS PUT UP ON 21ST STREET.  SHE ASKED FOR AN UPDATE ON THE HANDICAP SIGN FOR 534 SO. 12TH STREET. 

      DIRECTOR DAVIS SAID WE HAVE NOT RECEIVED AN APPLICATION.  THEY MUST APPLY FOR THE APPLICATION IN THE BUILDING INSPECTOR'S OFFICE.

 

COUNCILMAN KOGER%u2026%u2026%u2026%u2026%u2026..SAID THE STORM WE HAD, HE HAD NOTICED LIMBS DOWN ALONG MAIN AND WOODLAWN, ST. JAMES AND PARK AVE., THEY WERE HIT HARD.  HE ASKED THAT THE STREET DEPARTMENT PICK UP THOSE LIMBS THIS WEEK.  THE LIMBS HAVE BEEN THERE NOW ABOUT 15 DAYS.

HE ASKED ABOUT THE RAILROAD CROSSINGS AND THE CONDITION THEY ARE IN.  WHO DO WE CONTACT?

      MAYOR SMALL SAID THEY HAVE BEEN CONTACTED AND WE GET THE SAME ANSWER, NO MONEY.  IT IS THEIR RESPONSIBILITY. 

 

COUNCILMAN KIDD%u2026%u2026%u2026%u2026%u2026..SAID HE HAS NOTICED THAT THE SIDE STREET AT VINE AND 18TH NEEDS A STOP SIGN ON THE WEST SIDE. 

 

MAYOR SMALL THANKED DANNY MARCUM FOR ALL THE WORK AND CLEAN UP ALONG THE RAILROAD BETWEEN 21ST AND 25TH STREET.

     MR. MARCUM SAID HE HAD GOOD HELP AND THANKED THEM.

 

MAYOR SMALL SAID HE WAS GIVEN THE KEYS TO THE ARMORY FOR $1.00.  HE SAID HE DOESN'T WANT TO HOLD IT TOO LONG, HOPEFULLY WE CAN FIND A BUYER FOR IT.  HE ASKED IF THE COUNCIL WOULD BE INTERESTED IN HAVING A COUNCIL MEETING THERE WITHIN THE NEXT COUPLE OF MONTHS.  THEY CAN SEE ALL THE POSSIBILITIES AND WHAT IT MAY BE USED FOR IN THE FUTURE.

      ALL COUNCIL MEMBERS WERE IN AGREEMENT TO THAT SUGGESTION.

 

 

PRESIDENT YORK MOVED TO ADJOURN.

COUNCILMAN REID: SECOND