The City of New Castle, Indiana

SEPTEMBER 2, 2008        7:00 P.M.

THE PLEDGE OF ALLEGIANCE WAS GIVEN BY ALL IN ATTENDANCE.

REV. ADRIANE CURTIS, PASTOR OF THE TRINITY UNITED METHODIST CHURCH, GAVE THE PRAYER.

MAYOR SMALL OPENED THE REGULAR MEETING OF THE COMMON COUNCIL.

ROLL CALL:

SANDY YORK                                              PRESENT                  

ANGIE GOODMAN                                      PRESENT

JAMES KIDD                                                 PRESENT

MARY MALONE                                           PRESENT

LOUISE PIERCE                                            PRESENT      

VAUGHN REID                                              PRESENT

RICHARD HAHN                                           PRESENT

ORDINANCE 3543

AN ORDINANCE AMENDING TITLE VII, CHAPTER 74, SCHEDULE V OF THE NEW CASTLE CODE BY ESTABLISHING NEW SPEED LIMITS ON CERTAIN STREETS LOCATED WITH IN THE CITY WAS READ BY TITLE ONLY ON THIRD AND FINAL READING ON SECOND READING, BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS ORDINANCE  COUNCILADY GOODMAN: SECOND.  ROLL CALL VOTE:  FOUR VOTES AYE.    TWO VOTES NAY (KIDD & HAHN)                                                    PASSED AND ORDERED.

ORDINANCE #3545

AN ORDINANCE FOR ADOPTION OF THE INTERNATIONAL MAINTENANCE CODE WAS READ BY TITLE ONLY ON FIRST READING BY SANDY YORK.

PRESIDENT YORK SAID THERE ARE SOME GOOD THINGS IN THIS ORDINANCE BUT THERE WAS THINGS SHE DID NOT AGREE WITH SO WOULD NOT MAKE A RECOMMENDATION FOR THIS ORDINANCE TO PASS.   MAYOR SMALL ASKED FOR A MOTION.  NO MOTION WAS MADE.                      FAILS, LACK OF MOTION                                                    

COUNCIL REPORTS:

COUNCILADY GOODMAN ASKED ABOUT THE POOL HEATER AND IF IT WAS ON.

            MAYOR SMALL SAID IT WAS AT THE VERY BEGINNING OF THE SEASON BUT WHEN THE FIRST GAS BILL CAME, AND IT WAS AROUND FOUR THOUSAND DOLLARS, WE SHUT IT OFF.  WE WILL REVIEW IT AGAIN NEXT SEASON.

COUNCILMAN REID ASKED IF MAYOR SMALL RECEIVED PHOTOS THAT WERE TAKEN ON SOUTH 18^TH STREET, BETWEEN M AVE. AND A AVE. SHOWING THE POOR WORKMANSHIP BY THE CONTRACTOR.  THIS IS A STATE PROJECT.

COUNCILPERSONS REID AND GOODMAN HAVE MADE INQUIRIES WITHOUT RESPONSE.

            MAYOR SMALL SAID IF THEY HAVE NOT HEARD FROM THE STATE IN A COUPLE OF DAYS, HE WOULD PERSONALLY CONTACT THEM.

CITIZENS APPEARING BEFORE THE COUNCIL:

EDDIE HAGER, 906 S. 14^TH ST., APPEARED BEFORE THE COUNCIL TO DISCUSS THE

CATHERINE WINTERS MONUMENT REMOVAL AND REPLACEMENT AT THE SOUTH MOUND CEMETERY.  HE SAID HE WAS SEEKING ANSWERS OF WHAT WAS TAKING PLACE.  HE PASSED OUT A PACKET TO THE COUNCIL AND TALKED ABOUT THE CONCERNS OF THE CITIZENS NOT ONLY IN NEW CASTLE BUT ALL OVER THE COUNTRY.  HE SAID THERE WAS AN ORDINANCE PASSED, BY THE PREVIOUS ADMINISTRATION, ORDINANCE #3443, WHICH READS THAT THE ORDINANCE READS, IT SHALL BE PERPETUALLY MAINTAINED IN THE SPIRIT OF THE EXISITING DESIGN AND IMPROVEMENTS.  THE ACTUAL CEREMONY FOR THIS MONUMENT WAS IN 2004. THE MONUMENT WAS IN EXISTANCE WHEN THIS ORDINANCE WAS PASSED.  HE SAID THERE WAS DAILY ATTEMPTS TO FORCE THE CEMETERY TO MOVE THAT MONUMENT, IN SPITE OF THE ORDINANCE PASSED BY COUNCIL.  MR. HAGER SAID THE PRESENT ADMINISTRATION PASSED AN ORDINANCE, #3540, AN ORDINANCE AMENDING ORDINANCE #3443, SECTION 109.6 OF THE CITY CODE.  WHAT WAS THE INTENT OF THIS ORDINANCE?  HE SAID THAT MOST OF THE COUNCIL SITTING HERE TONIGHT WAS DUKED, IN WHAT THE ACTUAL SPIRIT BEHIND THIS ORDINANCE WAS.  MR. HAGER SAID THAT NOWHERE IN THIS ORDINANCE DOES IT READ THE REMOVAL OF THE CATHERINE WINTERS MONUMENT AT ALL.  BUT, THIS ADMINISTRATION IS USING THIS ORDINANCE AND THE PREVIOUS ORDINANCE IN UNWRITTEN, UNDOCUMENTED, UNRECORDED AND UNFOUNDED AGREEMENT WITH A PRIVATE CITIZEN THAT THERE WOULD BE NO MONUMENT PLACED IN THAT PARTICULAR AREA.  HE SAID HIS CONCERN WITH THIS PUBLIC CEMETERY, THE CEMETERY BOARD THAT OVERSEES THIS PART; THERE ARE COUNCIL MEMBERS ON THAT BOARD.  IT DIDN'T GO IN FRONT OF YOU, NO RECOMMENDATION FROM YOU ABOUT THIS ORDINANCE TO BE PASSED AND SO FOR, HE HAS NOT BE ABLE TO FIND ANY RECORD WHERE THE MINUTES REFLECT HAD AMEETING TO DISCUSS THIS VERY ISSUE.  FORMER MAYOR NIPP SAID HE WAS AWARE OF THE UPSET CITIZENS ABOUT THE MONUMENT WAS PLACED WHERE IT WAS PLACED.  THEN THERE WAS A CHANGE IN THE ADMINISTRATION, IN REFERENCE TO THE CEMETERY.  THE FIRST AGREEMENT, TRUDY (CEMETERY SUPERINTENDENT) SAID TO PLACE IT RIGHT HERE. IT WAS DONE.  IT DIDN'T HAPPEN OVER NIGHT.  IT WAS NOT DONE WITHOUT APPROVAL, NOT UNDER THE RUG; THERE WERE A LOT OF PEOPLE INVOLVED IN THIS.  A LOT OF PEOPLE HAD WORKED ON THIS FOR YEARS.  IN CAME IN FRONT OF SEVERAL BOARDS AND DISCUSSED.  WE TOOK THOSE CONCERNS AND ADDRESSED IT WITH THE PEOPLE INVOLVED.   WHEN A VERY INTERESTED PERSON INTERESTED IN THIS MONUMENT DROVE THROUGH THE CEMETERY THE OTHER DAY, HE THOUGHT THE MONUMENT HAD BEEN STOLEN. HE CONTACTED OTHER INTERESTED CITIZENS AND WE ALL THOUGHT IN HAD BEEN STOLEN, BECAUSE OF LACK OF COMMUNICATION.  MR. HAGER SAID HE WAS HERE TONIGHT TO TELL COUNCIL THAT THERE ORDINANCE WAS BOLDFACELY IGNORED.  THE POLICIES THAT ARE SET IN PLACE FOR ADMINISTRATION TOHANEDLE AMINISTRATIVE AFFAIRS WAS COMPLETELY IGNORED.  COUNCIL PASSED AN ORDINANCE IN MAY, 2008.

THERE WAS NO PLACE MENTIONEED THAT THE MONUMENT WOULD BE REMOVED.  HE SAID HE FELT AS THOUGH THERE WAS A COONFLICT OF INTEREST ON THE COUNCIL.  HE SAID HE HAD A CONVERSATION WITH MR. PRYOR ABOUT THIS AND WAS TOLD TO ASK DAVID COPENHAVER.  HE HAS THE ANSWERS TO ALL YOUR CONCERNS.  BUT, HE DIDN'T LET THE AMINISTRATION KNOW OR THE COUNCIL KNOW, HE WAS INFORMING A PRIVATE CITIZEN WHILE REPRESENTING THE CITY.  HE ASKED THE COUNCIL TO ATTEMPT TO RESEND YOUR EXISTING ORDINANCE AND READDRESS IT, AND MOVE THAT MONUMENT BACK TO WHERE IT BELONGS.  HE ASKED FOR AN ANSWER BY THE NEXT COUNCIL MEETING.

            MAYOR SMALL SAID THAT MR. HAGER HAD COME TO THE BOARD OF WORKS TODAY AND EXPRESSED HIS CONCERNS.  MAYOR SMALL SAID HE THOUGHT MR. HAGER WAS GRANDSTANDING.  THE MOVING OF ANY MONUMENT IS UP TO THE CEMETERY SUPERINTENDENT.  IF THERE WOULD HAVE BEEN THE RESUMING OF A BODY THAT WOULD HAVE BEEN ENTIRELY DIFFERENT.  WE THOUGHT WE WOULD MOVE IT TO A BETTER SITE.  WHERE IT WAS, IT COULD NOT BE SEEN TO CLEARLY FROM THE ROAD.  NOW WE ARE VERY PLEASED WITH WHERE IT IS AND IT CAN BE SEEN CLEARLY FROM THE ROAD.  IF AN APOLOGY IS NEEDEED, THEN I APOLOGIZE. HE SAID HE TOOK ON THE FULL RESPONSIBILITY.  HE SAID HE FELT VERY STRONGLY AND WAS SURE THE CATHERINE WINTERS WOULD BE EXTREMELY PLEASED WITH THE SITE.

NORMA DISHMAN APPEARED BEFORE THE COUNCIL STATING SHE GETS CONCERNED WHEN AN ORDINANCE IS PASSED ON ONE READING WITHOUT ANY PUBLIC DISCUSSION, SHE ALWAYS WONDERS WHAT IS BEHIND IT.  SHE SAID HAD SHE KNOWN THIS IS WHAT WAS GOING TO HAPPEN, SHE WOULD HAVE BEEN PROTESTING.  SHE SAID IT TOOK OVER TWO YEARS TO GET THAT MONUMENT PUT IN THAT CEMETERY AND HAVE THE CEREMONY.  WE ARE VERY DISAPPOINTED.  SHE SAID SHE HAD TALKED WITH MR. HACKER AND HE PROMISED IT WOULD BE BETTER THAN WHAT IT WAS.  SHE SAID IT IS AND IT IS BEAUTIFUL.  THE ONLY THING SHE WAS UPSET OVER WAS IN THE MANNER IT WAS DONE.  WHY DIDN'T THE CEMETERY COMMITTEE KNOW THIS WAS GOING TO HAPPEN? SHE ASKED ATTORNEY COPENHAVER HOW A PRIVATE CITIZEN CAN HAVE DOMAIN OVER A PUBLIC PIECE OF LAND.

            ATTORNEY COPENHAVER EXPALINED ENDOWMENTS.  HE SAID IN THIS CASE, A PRIVATE CITIZEN LOST HIS SON.  HE WANTED TO DO SOMETHING IN THE HONOR OF THE SON.  HE SAID HE WAS VERY DISAPPOINTED IN RUMORS ABOUT MR. AND MRS. PAUL PRYOR.  ALL THEY WANTED TO DO IS FIX UP AN AREA IN THE CEMETERY THAT HAD GROWN OVER; THE FOUNTAIN DIDN'T WORK.  THEY INVESTED THE MONEY TO FIX IT UP SO NOW IT CAN CONTINUE TO LOOK NICE.  TO SUGGEST SOMETHING ILLEGAL TO THOSE TWO FINE PEOPLE WHO SUFFERED A TRAGGIC LOSS.  THEY SET UP AN ENDOWMENT FOR THIS SITE AND THE REMOVAL OF THE MONUMENT WAS UP TO THE CEMETERY SUPERINTENDENT.  THE PRYOR'S WERE DOING NOTHING BUT BEING KIND AND GENEROUS.

            MRS. DISHMAN SET SHE ADMIRES ANY ONE WHO PUTS MONEY INTO A PROJECT TO SEE IT DONE BUT THEY PUT MONEY INTO THE WINTERS MEMORIAL.  WE JUST DIDN'T APPRECIATE HOW THIS WAS DONE.  IT SHOULD HAVE BEEN BROUGHT IN FRONT OF THE CEMETERY COMMITTEE.

            COUNCILMAN HAHN SAID HE KNEW THERE WAS HURT FEELING WITHOUT NOTIFICATION BUT THE MAYOR DID APOLOGIZE.  CAN YOU ALL EXCEPT THAT AND GO ON?  WE ALL MAKE MISTAKES.

            MRS. DISHMAN SAID SHE DIDN'T WANT IT TO HAPPEN AGAIN.  WE WILL ACCEPT HIS APOLOGY.  BUT, SHE WAS CONCERNED ABOUT A LINE IN THE ORDINACE ABOUT THE DONOR OF ANY MONIES AND THEIR WISHES HOW IT WAS TO BE USED.

            ATTORNEY COPENHAVER SAID THAT THE MONEY DONATED FORTHAT AREA WAS TO BE FOR THE UPKEEP OF THAT ARE PER THE DONORS WISHES. 

JACK GANER, SOUTH 21^ST ST., APPEARED BEFORE THE COUNCIL THANKING THE COUNCIL FOR INITIATING THE POSSIBILITY OF HAVING CODE FOR FILLERS AND MAINTAINS A STRUCTURE OF LIVEABLE CIRCUMSTANCE, AN AREA FOR THE CITY OF OUR SIZE TO BE PROUD OF.  HE PRESENTED PICTURES OF STRUCTURES THAT NEEDED TO BE DEMOLISHED OR FIXED UP.  HE SAID HE WANTED THE COUNCIL TO LOOK INTO THIS AND DO EVERYTHING THEY CAN TO UPGRADE OUR COMMUNITY.

LARRY CONN, 2323 BROAD, APPEARED BEFORE THE COUNCIL TO SEE WHAT HE CAN DO, OR THE CITY CAN DO, TO KEEP SAFETY AT THE INTERSECTION OF BROAED STREET AND 21^ST STREET.  HE SAID CARS CUT THROUGH HIS BUSINESS PARKING LOT AND GO ONTO THE PARKING LOT OF THE FUNERAL HOME TO MISS THE TRAFFIC THAT BUILDS UP ON 21^ST STREET, ESPECIALLY SINCE 18^TH STREET IS UNDER CONSTRUCTION.  HE ASKED IF HE COULD PUT UP BARICADES OR A TEMPORARY 4-WAY STOP SIGN, FOR SAFETY REASONS.

            MAYOR SMALL SAID THAT BROAD ST. IS A STATE HIGHWAY AND THE CITY HAS NO SAY SO.  AS FOR AS BARRICADES ON YOUR PROPERTY, THERE IS NOTHING THAT CAN BE DONE IF THAT IS WHAT YOU WANT TO DO.

MR. HAGER, AGAIN, SAID THAT MANY OF THE MONUMENTS ON LEGION HILL DO NOT HAVE BODIES.  MANY OF THOSE BODIES WERE MOVED FROM NORTH 14^TH STREET TO THE SOUTH MOUND CEMETERY. 

MR. GARNER ASKED ABOUT THE FENCING AROUND THE NEAL PROPERTY ON I AVE.  THE FENCE IS UP BUT THERE IS NO BLOCKAGE OR COVERAGE.

            MAYOR SMALL SAID THAT AS OF NOW, MR. NEAL HAS NOT APPLIED AND MUST COME IN FRONT OF THE PLANNING COMMISSION.  RIGHT NOW IT IS STILL IN THE DEMOLITION STAGE.

MR. FROST APPEARED BEFORE THE COUNCIL ASKING WHAT THE CITY CAN DO TO HELP THE SALVATION ARMY BEFORE IT CLOSES its DOORS.

            MAYOR SMALL SAID WE HELP WITH DONATIONS BUT THE CITY GIVES MORAL SUPPORT AND HELP WITH DONATIONS FROM THE CITIZENS.

            DANNY MARCUM APPEARED BEFORE THE COUNCIL ANNOUNCING THAT THERE WAS GOING TO BE A WALK-A-THON THE LAST OF SEPTEMBER OR THE FIRST PART OF OCTOBER FOR THE SALVATION ARMY.  HE SAID DONATIONS AND SPONSORS WERE NEEDED.  THEY WILL BE OPEN ONE MORE MONTH BECAUSE OF A DONOR WHO GAVE TEN THOUSAND DOLLARS.  THEY HAVE 800 FAMILIES MORE THIS YEAR THAT IS ASKING FOR HELP.

PRESIDENT YORK MOVED FOR ADJOURNMENT.

COUNCILMAN HAHN:  SECOND.