City Council Meeting Minutes - 7/7/08
COMMON COUNCIL
JULY 7, 2008 7:00 P.M.
THE PLEDGE OF ALLEGIANCE WAS GIVEN BY ALL IN ATTENDANCE.
REV. BOBBY YORK OF THE McCORMICK CHAPEL OF
MAYOR SMALL OPENED THE REGULAR MEETING OF THE COMMON COUNCIL.
ROLL CALL:
SANDY YORK PRESENT
ANGIE GOODMAN ABSENT
JAMES KIDD PRESENT
MARY MALONE PRESENT
LOUISE PIERCE PRESENT
VAUGHN REID PRESENT
RICHARD HAHN PRESENT
RESOLUTION: AUTHORIZING THE FILING OF AN APPLICATION FOR A GRANT UNDER SECTION 5311 OF THE FEDERAL TRANSIT ACT, AS AMENDED WAS READ IN FULL BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS RESOLUTION. COUNCILMAN HAHN: SECOND. ROLL CALL VOTE: SIX VOTES AYE. PASSED AND ORDERED.
COUNCIL REPORTS:
COUNCILADY PIERCE - ASKED IF ANY RESPONSE HAS BEEN RECEIVED YET FROM THE LETTER THE MAYOR HAD SENT ABOUT THE RAILROAD CARS IN THE CITY OF NEW CASTLE.
MAYOR SMALL SAID HE HAD NOT HAD A RESPONSE YET BUT THAT THE LETTER HAD JUST WENT OUT LAST WEEK AND THAT THEY PROBABLY JUST RECEIVED THE LETTER TODAY.
COUNCILMAN HAHN - ASKED ABOUT A PART TIME EMPLOYEE TO MOW VACANT LOTS AND YARDS.
BUILDING INSPECTOR RIGGS SAID THAT YES THEY DO HAVE MEN WORKING ON MOWING. HE SAID THAT THERE ARE SO MANY THAT THEY ARE ABOUT TWO WEEKS BEHIND BECAUSE OF THE RAIN. IF A PROPERTY IS MOWED, THE OWNER RECEIVES A BILL. IF IT ISN'T PAID, THERE WILL BE A LIEN PUT TOWARDS THE PROPERTY.
PROCLAMATION
MAYOR SMALL READ A PROCLAMATION, PROCLAIMING JULY 8, 2008 AS
"BARBARA JEAN PETTY DAY"
IN THE CITY OF NEW CASTLE, INDIANA
A COPY OF THE PROCLAMATION IS ATTACHED.
DEPARTMENT HEADS:
WASTEWATER POLLUTION CONTROL ASSISTANT
HE ASKED THAT THE BARRICADES BE LEFT ALONE THAT ARE AROUND THE SINKHOLES. THEY ARE THERE FOR PROTECTION.
A COPY OF THE INTERNATIONAL MAINTENANCE CODE WAS GIVEN TO EACH COUNCILPERSON TO LOOK OVER.
ATTORNEY COPENHAVER SAID IT WOULD BE ON THE AGENDA FOR THE NEXT COUNCIL MEETING.
MAYOR SMALL SAID HE WAS OPENING THE FLOOR UP TO THE CITIZENS,
REMINDING THEM THAT THE MEETING THIS EVENING IS FOR THE PURPOSE OF PASSING LAWS. IT IS NOT FOR COMPLAINTS ABOUT THINGS THAT ARE HAPPENING. HE SAID STARTING NEXT MONDAY NIGHT, THE SECOND MONDAY OF EACH MONTH, HE SAID HE WOULD BE HAVING A TOWN MEETING FOR ANYONE TO COME AND TO SPEAK ON ANY SUBJECT TO THE MAYOR. HE SAID THERE WOULD BE A REPRESENTATIVE FROM THE COUNCIL PRESENT, DIRECTOR OF PUBLIC WORKS AND THAT WILL BE THE TIME FOR YOU TO DO YOUR TALKING THAT YOU WANT TO BE HEARD BY THE ADMINISTRATION. THE CITY COUNCIL IS FOR PASSING LAWS. IF YOU HAVE A TOPIC OTHER THAN THAT, HE RECOMMENDED TO COME TO THE BOARD OF WORKS MEETINGS, THE FIRST AND THIRD MONDAY OF EACH MONTH AT 10:00 A.M. IN THE COUNCIL CHAMBERS.
THEN ON ANY SUBJECT, THE SECOND MONDAY OF EACH MONTH, AT 7:00 P.M. IN THE COUNCIL CHAMBERS.
COUNCILMAN REID ASKED IF THIS WOULD BE AN OFFICIAL MEETING.
ATTORNEY COPENHAVER SAID NO, IT WAS NOT AN OFFICIAL MEETING.
IF MORE THAN THREE MEMBERS OF THE COUNCIL ATTEND, THE MEETING WILL HAVE TO BE ADVERTISED AS SO.
COUNCILMAN REID SAID HE HAD A PROBLEM WITH THIS. HE WAS CONCERNED. WE ARE NOW GOING TO LIMIT THE NUMBER OF COUNCIL PEOPLE THAT CAN ACTUALLY HEAR WHAT PEOPLE OUT ON THE STREET
WANTS DISCUSSED. HE SAID HE UNDERSTOOD THE EXECUTIVE FUNCTION, BUT AS A COUNCIL WE CANNOT LEGISLATE CORRECTLY UNLESS WE KNOW WHAT IS GOING ON ALSO. HE SAID HE WAS CONCERNED AND HAD A PROBLEM WITH THIS. HE SAID HE WOULD PREFER THAT ANYONE WHO WANTS TO SPEAK AT A COUNCIL MEETING, BE ABLE TO SPEAK.
COUNCILMAN HAHN SAID THAT IF THREE COUNCILMEN ATTENDED THE MEETING, THEY COULD LET THE OTHER MEMBERS KNOW WHAT WENT ON. MAYBE A WRITE UP SO THAT THE OTHER MEMBERS WOULD KNOW AT THE NEXT COUNCIL MEETING. WE NEED TO COMMUNICATE OR ELSE HIS CONCERN MAY HAVE LEGITIMACY.
MAYOR SMALL SAID THAT ANYONE WHO WANTED TO SPEAK ON A LEGISLATIVE MATTER, THIS WOULD BE THE TIME.
ATTORNEY COPENHAVER SAID THAT IF A COUNCIL COMMITTEE APPEARS,
THEY ARE SUBJECT TO THE OPEN DOOR REQUIREMENTS. THIS MEETING'S
PURPOSE IS TO BE OPEN TO THE PUBLIC. IT IS NOT AN OFFICIAL MEETING
OF THE COUNCIL OR BOARD OF WORKS NOTHING WILL BE PASSED, JUST DISCUSSED.
COUNCILMAN REID SAID THAT THEY WERE TOLD AT THE INDIANA ASSOCIATION OF CITIES AND TOWNS TRAINING, THE MATTER OF WRITING MINUTES OR MAKING ANY TYPE OF COMMITMENT TO TAKE ACTION IS A PUBLIC MEETING AND IT NEEDS TO BE ADVERTISED.
ATTORNEY COPENHAVER SAID THAT IS WHY YOU CAN'T HAVE A QUORUM.
COUNCILMAN REID SAID, WE CAN'T HAVE MINUTES EITHER?
ATTORNEY COPENHAVER SAID YOU CAN HAVE NOTES ABOUT THE MEETING WHICH WOULD BECOME A PUBLIC RECORD, THE PUBLIC RECORD LAWS BUT WOULD NOT BE A MEETING WHERE THE CITY COUNCIL WOULD CONDUCT BUSINESS OR THE BOARD OF WORKS WOULD CONDUCT BUSINESS UNLESS YOU ADVERTISED A SPECIAL MEETING OF THE COUNCIL OR BOARD OF WORKS. HE SAID THAT IS WHAT THE MAYOR IS WANTING. PEOPLE CAN COME AND TALK ABOUT ANY SUBJECT.
MAYOR SMALL SAID THAT AT THE COUNCIL MEETINGS, THE LEGISLATIVE SESSION, THE PUBLIC IS INVITED TO SPEAK AT THE SECOND
COUNCILMAN REID SAID HE SAW THE MAYOR'S POINT AND DIDN'T TOTALLY DISAGREE. SOMETIMES WE HAVE SERIOUS DISCUSSIONS HERE.
HOWEVER, AS CITY GOVERNMENT, HE BELIEVED THAT THE CITIZENS OF THIS COMMUNITY DO HAVE THE RIGHT TO GET UP AND SAY WHATEVER THEY DANG WELL PLEASE.
MAYOR SMALL SAID THEY DON'T HAVE THE RIGHT. THIS IS A PUBLIC MEETING NOT A PUBLIC HEARING. A PUBLIC HEARING, THE PUBLIC HAS THE RIGHT TO SPEAK AND IT IS UP TO THE CITY AS TO HOW LONG THEY CAN SPEAK. IN
COUNCILMAN REID SAID, AS A COUNCILPERSON, IF I HAVE SOMEONE IN THE AUDIENCE TO SPEAK, I DANG RIGHT HAVE THE RIGHT TO CALL THEM UP AND HAVE THEM SPEAK.
MAYOR SMALL SAID, ONLY IF IT IS A LEGISLATIVE MATTER.
COUNCILMAN REID SAID, IT DOESN'T MATTER, IF I FEEL THEY HAVE SOMETHING IMPORTANT TO SAY, I AM GOING TO ASK THEM TO SPEAK, SIR. I'M THE COUNCILPERSON AND YOU ARE THE MAYOR. THE COUNCIL
RUNS THE COUNCIL MEETING.
MAYOR SMALL ASKED PRESIDENT YORK FOR A RECOMMENDATION.
PRESIDENT YORK SAID WE NEED TO HAVE THE RULES OF THE PUBLIC MEETINGS. WE HAVE RULES FROM MANY YEARS AGO. WE NEED TO GET THOSE OUT AND DELIVERED TO YOU.
COUNCILMAN REID SAID, HE FELT THAT THE COUNCIL MEMBERS WERE BEING CUT OFF AT THEIR KNEES. HE SAID HE WAS VERY CONCERNED ABOUT THIS. BECAUSE WE ARE TRYING TO DIMINISH PEOPLE'S VOTE.
KEEP PEOPLE AWAY FROM THE COUNCIL MEETING AND HE HAS A PROBLEM WITH THAT.
PRESIDENT YORK SAID SHE APPRECIATED HIS VOICE AND OPINION ON THAT AND RIGHT NOW, SHE DIDN'T ENTIRELY DISAGREE WITH HIM, BUT DIDN'T AGREE EITHER. WE NEED TO REVISIT THE RULES THAT WERE ESTABLISHED. SHE SAID SHE DIDN'T HAVE A PROBLEM HEARING THE PUBLIC, IT HAS ALWAYS BEEN THAT AWAY. THERE IS A DIFFERENCE BETWEEN A PUBLIC HEARING AND A PUBLIC MEETING. IN THE PAST PRACTICE, THE PUBLIC HAS ALWAYS BEEN ALLOWED BUT%u2026%u2026%u2026.
COUNCILMAN REID SAID HE FELT THAT THE COUNCIL SHOULD MAKE THAT DECISION, NOT THE MAYOR. THE COUNCIL AS A WHOLE, NOT A COMMITTEE.
MAYOR SMALL SAID AT THIS TIME, HE ASKED FOR THE CITIZENS THAT WISHED TO SPEAK.
NO CITIZEN SPOKE.
MAYOR SMALL SAID HE WOULD CANCEL THE TOWN MEETING FOR NEXT MONDAY NIGHT WHERE THE PUBLIC COULD SAY WHATEVER THEY WANTED, BUT WOULD DEFER TO THE PREFERENCE OF COUNCILMAN REID.
COUNCILMAN REID SAID, MAYOR, I'M SORRY BUT THAT SOUNDED A LITTLE CONDESCENDING.
MAYOR SMALL SAID, IT WAS.
COUNCILMAN REID SAID, TREAT ME WITH A LITTLE RESPECT AND I WILL TRY TO TREAT YOU WITH SOME RESPECT. HE SAID, IT THE MEANTIME SIR,
YOU COULD THINK ABOUT HAVING THE MEETING, ONE ADDITIONAL TIME
BUT HE DIDN'T LIKE THE MAYOR CUTTING THE COUNCIL OFF AT THE KNEES.
MAYOR SMALL SAID HE HAD CHECKED WITH THE COUNCIL PRESIDENT BEFORE HE CAME UP WITH THIS.
COUNCILMAN REID SAID THAT THE PRESIDENT DID NOT CHECK WITH ANY OF THE COUNCIL.
PRESIDENT YORK SAID SHE RECOMMENDED THAT THIS BE BROUGHT UP AT THE COUNCIL MEETING THEN EVERYONE WOULD KNOW ABOUT IT.
PRESIDENT YORK MOVED FOR ADJOURNMENT.
COUNCILMAN HAHN: SECOND
