The City of New Castle, Indiana

 COUNCIL MEETING

 MAY 4, 2009        7:00 P.M.

 

THE PLEDGE OF ALLEGIANCE WAS GIVEN BY ALL IN ATTENDANCE.

PRAYER WAS GIVEN BY REV. BOBBY SLAGLE, CALVARY BAPTIST 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

 

MAYOR SMALL ASKED IF THERE WERE ANY CORRECTIONS OR ADDITIONS TO THE MINUTES OF THE FORMER MEETING?

 

COUNCILMAN REID SAID HE HAD ONE.  HE SAID WHEN THE RESOLUTION FOR THE TEMPORARY TRANSFER FOR THE TRANSPORTATION FUND FROM THE CEMETERY PERPETUAL MAINTENANCE FUND, HE WANTED THE RECORD TO SHOW THAT HE ASKED IF THE CITY HAD BEEN APPROVED FOR THAT GRANT. 

HE SAID THEY HAD A BACK AND FORTH ABOUT THAT AND WE WERE ASSURED THAT IT WAS.  HE SAID HE WANTED TO MAKE SURE THAT THE RECORD SHOWED THAT, 

            COUNCILMAN REID SAID HE MADE THE MOTION.  PRESIDENT YORK: SECOND  ROLL CALL VOTE: SEVEN VOTES AYE.  CORRECTED AND APPROVED

 

MAYOR SMALL READ A PROCLAMATION, PROCLAIMING MAY 10, 2009 TO MAY 17, 2009 AS "REACH A CHILD WEEK."

 

PRESIDENT YORK SAID THE FIRST THING ON THE AGENDA IS A TAX ABATEMENT

COMPLIANCE REVIEW.  SHE SAID THIS WAS THE FINAL YEAR FOR THE AUTUMN OAKS APARTMENTS.  SHE HAD A LETTER FROM THE HENRY COUNTY AUDITOR, LINDA RATCLIFF, STATING THEY HAD FILED THE STATEMENT OF BENEFITS FOR THIS YEAR AND THEY TOLD THAT THE PROJECT WOULD COST $3,500,000. AND THEY EXCEEDED THAT AT $3,618,470.  SHE SAID IT LOOKS LIKE THEY ARE IN COMPLIANCE.

 

PRESIDENT YORK MOVED TO ACCEPT THE COMPLIANCE.  COUNCILMAN HAHN: SECOND  ROLL CALL VOTE: SEVEN VOTES AYE.    ACCEPTED AND APPROVED.

 

ORDINANCE #3569 - AN ORDINANCE AMENDING ORDINANCE #3449 WAS READ ON SECOND READING BY TITLE ONLY BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS ORDINANCE.  COUNCILMAN KIDD: SECOND.  ROLL CALL VOTE: SEVEN VOTES AYE.   PASSED AND ORDERED.

 

ORDINANCE #3570 - AN ORDINANCE AMENDING ORDINANCE #3309 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.

 

ORDINANCE #3571 - AN ORDINANCE AMENDING CHAPTER 97 OF THE NEW CASTLE CITY CODE WAS READ IN FULL ON FIRST READING BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS ORDINANCE.  COUNCILMAN HAHN: SECOND 

            DISCUSSION: COUNCILMAN HAHN SAID THAT THE RAILROAD CARS ARE A FEDERAL ENTITY.  WE'RE HAVING TROUBLE GETTING THEM MOVED.  DO WE HAVE ANY RE-ENFORCEMENT TO HAVE THE RAILROAD OR WHOEVER OWNS THOSE CARS, TO COME AND PAINT THEM?  THE GRAFFITI THAT IS ON THEM?  OR DO WE PAINT THEM OR GET AUTHORIZATION TO PAINT THEM, THE CARS WHERE THE GRAFFITI IS OR PASS AN ORDINANCE THAT WE CAN'T ENFORCE.  HE SAID JUST THE RAILROAD CARS.  THE OTHER ENTITIES HE COULD SEE WHERE WE COULD FORCE THEM BUT THE RAILROAD CARS ARE DIFFERENT.  IF WE AREN'T GOING TO BE ABLE TO ENFORCE IT%u2026%u2026%u2026%u2026%u2026%u2026%u2026

            ATTORNEY COPENHAVER SAID WE WON'T KNOW UNTIL WE TRY.  HE SAID HE DIDN'T WANT TO TELL THE COUNCIL THAT THE RAILROADS WILL NOT TRY TO ATTACK US.  HE SAID ALL HE COULD DO WAS TO TRY.  HE SAID THE WAY THIS WILL WORK IS THEY WILL GET A NOTICE TO ABATE THE NUISANCE AND IF THEY CHOOSE NOT TO ABATE THE NUISANCE, THEY WILL BE CITIED INTO COURT AND WE WILL SEE WHAT DEFENSE, IF ANY, THEY HAVE AND HE WOULD HAVE TO DEAL WITH THAT OFFENSE.  HE SAID IT WOULDN'T SURPRISE HIM IF THEY WERE TO ASSERT FEDERAL PREEMPTION.  IF THEY DO, HE WOULD ARGUE THAT IT IS NOT A FEDERAL ISSUE.  THIS IS A LOCAL ISSUE AND WE ARE NOT TALKING ABOUT INTERRUPTING THEIR ABILITY TO GETTING IN TRANSPORTATION INTO OUR COMMUNITY.  WE ARE TALKING ABOUT ITEMS WHICH BY THEIR VERY NATURE HAVE BECOME PERMANENT STRUCTURES IN OUR COMMUNITY?  WE'LL SEE WHERE IT GOES.  WE WON'T KNOW UNTIL WE TRY.

            COUNCILMAN HAHN SAID HE WANTED TO MAKE SURE.  HE SAID AN ORDINANCE IS NOT GOOD IF IT CAN'T BE ENFORCED.

            MAYOR SMALL SAID THAT SHORTLY AFTER MR. HAYNES SHOWED THE GRAPHIC PICTURES, HE SAID HE CALLED THE PRESIDENT OF THE RAILROAD ONE MORNING AND THAT AFTERNOON; THEY WERE OUT WITH A SPRAY CAN TO PAINT.  HE SAID IF YOU HAD SEEN TH3E GRAFFITI BEFORE HAND, THE JOB THEY PUT ON TOP OF IT WAS PATHETIC.  IF YOU HADN'T SEEN IT BEFORE, YOU MIGHT NOT HAVE RECOGNIZED WHAT THEY WERE TEMPTING TO COVER UP.  THEY WERE VERY RESPONSIVE.  THEY ARE RESPONSIVE TO THE ENFORCEMENT OF

OUR ORDINANCES, ABOUT WEEDS.  LAST YEAR, THEY WERE ABOUT 75% EFFECTIVE.  IN THE PAST, WE USE TO MOW THE RIGHT A WAY AND KEEP IT LOOKING NICE.  LAST YEAR, WE TOLD THEM THEY WERE GOING TO HAVE TO DO IT.  THEY HAVE BEEN PUT ON NOTICE THAT WE EXPECT 100% COMPLIANCE.  LAST WEEK, A REPORTER FROM THE COURIER TIMES AND OUR POLICE CHIEF WENT OUT TO DIFFERENT INTERSECTIONS WHERE THERE WERE VIOLATIONS OF THE CITY CODE.  THE CHIEF MET WITH THE RAILROAD OFFICIALS AND WE HAVE REASON TO BELIEVE THAT THEY ARE GOING TO MOVE ABOUT SIX CARS.  ONE ON I AVE. AND THE REMAINDER ON CHERRYWOOD.  THEY ARE RESPONDING TO SOME DEGREE.

            ATTORNEY COPENHAVER SAID THE PENALTIES WERE NOT SPECIFICALLY SET OUT IN THE NUISANCE ORDINANCE.  THIS WILL BE FOR ALL THE NUISANCES AND IF YOU NOTICE, IT IS UP TO $250.00.  THAT MEANS THE COURT WILL USE ITS DISCRETION.  DEFINITION FOR GRAFFITI IS A STATE DEFINITION, A STATE LAW.  IT IS A MISDEMEANOR TO BE THE PAINTER OF THE GRAFFITI.  HE SAID HE ADAPTED THAT INTO THE ORDINANCE.

            COUNCILMAN HAHN ASKED THE COUNCIL, AT THE NEXT MEETING, HE ASKED THAT THIS ORDINANCE BE PASSED ON SECOND AND THIRD READING  TO GET SOMETHING DONE SO CHILDREN DON'T HAVE TO LOOK AT THAT.  WE NEED TO GET THIS DONE AND ENFORCE IT.

            COUNCILMAN REID SAID HE HAD CALLS THAT EVERYONE WAS GLAD BECAUSE THEY THINK THIS IS AIMED TOWARDS THE GRAFFITI ON THE RAIL CARS.  SOME  BROUGHT UP GOOD POINTS AND HE WANTED THE COUNCIL TO UNDERSTAND AND THERE IS SOME PUBLIC DIALOGUE THAT WE ASK THESE QUESTIONS.  HE SAID ONE PERSON ASKED ME IF THEY WERE AT THEIR HOUSE AND SOME KID GOES ALONG AND SPRAYS THE BACK OF HIS CAR OR GARAGE OR WHATEVER, AND I DON'T KNOW ABOUT IT, AM I GOING TO GET A FINE OR HE SAID HE UNDERSTOOD THAT YOU HAVE NOTICE TO COMPLY WITH THIS.

            ATTORNEY COPENHAVER SAID IT WOULD DEPEND ON WHAT IT WAS.  IT IS A NOTICE OF ABATEMENT.  IT IS ALWAYS GOING TO GIVE SEVEN DAYS OR GIVE MORE TIME TO THOSE WHO MIGHT NEED IT TO CLEAN IT UP.  WE WANT COMPLIANCE, NOT TICKETS.  IF SOMEONE CALLS IN AND SAYS I'M WORKING ON THIS AND I DID GET YOUR NOTICE TO ABATE.  IF THEY ARE TRYING TO CLEAN IT UP, TIME WILL BE GIVEN TO DO THAT.

            COUNCILMAN REID SAID THE OTHER QUESTION HE RECEIVED CALLS ON WAS "WHAT IS AUTHORIZED."

            ATTORNEY COPENHAVER SAID IT WOULD BE WHERE THE OWNER DID NOT KNOW ABOUT IT.  WE HAVE TO BE CAREFUL HERE.  YOU CANNOT ATTACK FREE SPEECH.  IF SOMEBODY WOULD PAINT "VOTE FOR JOHN DOE" ON THE SIDE OF THEIR GARAGE, IT MAY NOT LOOK VERY NICE BUT THAT IS THEIR RIGHT TO FREEDOM OF SPEECH.  GRAFFITI BY its NATURE IS PUT ON SOME ONES PROPERTY BY AN UNAUTHORIZED PERSON. HE SAID HE TRIED TO MAKE THIS ORDINANCE AS SIMPLE AS POSSIBLE AND SINCE THE STATE LAW ALREADY PROHIBITED GRAFFITI, ALREADY DEFINED IT, HE FELT COMFORTABLE TO USE THAT TERMINOLOGY IN THAT TYPE OF DEFINITION.  WE FIND THERE ARE OTHER PROBLEMS WE CAN DEAL WITH THEM BUT HE FELT THIS ONE.  HE SAID THE ONLY COMPLAINTS HE KNEW OF WAS ON THE RAILROAD CARS.  THIS IS NOT TO SAY THAT THERE ISN'T GRAFFITI ELSEWHERE.  HOPEFULLY, THIS WILL TAKE CARE OF IT.

            COUNCILMAN KOGER ASKED WHOSE RESPONSIBILITY IS IT TO CLEAN UP TRASH AND DEBRIS ALONG THE TRACKS.   HE SAID THERE WAS SO MUCH TRASH FROM A AVE. TO I AVE. 

            MAYOR SMALL SAID IT IS THE RAILROADS.  THEY HAVE BEEN CITIED INTO COURT. 

            ATTORNEY COPENHAVER SAID THEIR ATTORNEY APPEARED AND PLED NOT GUILTY AND A COURT DATE WILL BE FILED.

            EDDIE HAGAR, 906 S. 14^TH ST., PASSED COPIES OF E-MAILS TO THE COUNCIL MEMBERS FROM OTHER STATES ABOUT HOW GRAFFITI IS BEING DEALT WITH ALL OVER THE NATION.  IT IS DESTROYING HABITAT ALL OVER.  HE SAID THE PROBLEM IN NEW CASTLE IS THE SPREAD OF THE GRAFFITI.   IT IS NOT ONLY ON THE RAIL CARS, IT HAS COME TO THE SIGNAL HOLDERS, SIDEWALKS AND GROWING TO PRIVATE PROPERTIES ALONG THE RAILROAD LINES, ESPECIALLY ALONG 16^TH STREET.

 

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

 

ORDINANCE #3572 - AN ORDINANCE AMENDING SALARY ORDINANCE #3554 WAS READ IN FULL ON FIRST READING BY SANDY YORK.

DISCUSSION:  EMERGENCY UNIT DIRECTOR RON BURNS WAS ASKED BY PRESIDENT YORK TO EXPLAIN THIS ORDINANCE.  DIRECTOR BURNS SAID THAT DUE TO THE RECENT STATE MANDATED BUDGET CUTS, MY BUDGET WAS CUT ABOUT $27,000.00 IN MY SALARY LINE.  HE SAID HE IS SHORT TWO PARAMEDICS.  WHAT THIS STATE CUT DOES, IS TAKES ONE OF THOSE POSITIONS AWAY FROM HIM.  HE SAID THEY GENERATE ROUGHLY $800,000.00 YEAR REVENUE OFF THE RUNS THEY MAKE.   THIS IS A WAY FOR US TO MAINTAIN THE TWO TRUCKS PER DAY THAT WE CURRENTLY HAVE.  BY ADDING A NEW WORK SCHEDULE FOR THE STAFF, AND UTILIZING A LOT OF THE NEW CASTLE FIREMEN, WORKING TOGETHER, THIS WILL ALLOW US TO KEEP TWO TRUCKS GOING AND NOT REDUCE ANY COVERAGE OR SERVICE.  IF WE DON'T GET THIS OR SIMILAR, WE'RE GOING TO LOOSE REVENUE.  WE NEED TWO TRUCKS A DAY TO CONTINUE TO GENERATE THE $800,000.00.  BY REASSIGNING HIS PARAMEDICS, THEIR WORK SCHEDULE, ALONG WITH THESE PRN POSITIONS, WE WILL BE ABLE TO DO THAT.  HE SAID HE HAD TO HAVE A CHANGE IN THE SALARY ORDINANCE TO BE ABLE TO HIRE THESE.

            COUNCILMAN REID SAID HE HAD A COMMENT FIRST.  WE HAVE FIREMEN WHO ARE TRAINED TO BE EMERGENCY RESPONDERS.  THEY ALSO GET PAID BY THE CITY FOR BEING EMT'S.  HE SAID IT LOOKED TO HIM, LIKE THIS WOULD BE A POSSIBLE CONFLICT OF THE LABOR LAWS, TO ALLOW A CITY EMPLOYEE, WHO IS PAID AS PART OF THEIR JOB IS TO RESPOND TO EMERGENCY AND BE CERTIFIED AS EMT'S, THEN TURN AROUND AND WORK PART TIME FOR THE AMBULANCE SERVICE.  HE SAID HE THOUGHT IT WOULD BE APPROPRIATE TO HAVE NON-CITY EMPLOYEES WORK AS EMT'S AND PARAMEDICS, NOT SURE.  HE SAID HE WANTED TO HEAR MORE ABOUT THE LEGALITIES OF THAT. 

            HE SAID THE SECOND THING, THERE WERE SOME POTENTIAL LEGAL ACTIONS BEING THREATENED BY THE STAFF OF THE EMS DEPARTMENT A FEW YEARS AGO.  BEFORE THE AMBULANCE SERVICE STARTED WORKING A STANDARD KELLY SHIFT.  THAT INVOLVED IN BEING MOVED INTO HAVING FIREMEN OPERATE AS PART OF THE DEPARTMENT, THEN ALLOWED THE CITY TO CLASSIFY YOUR STAFF AS MEMBERS OF PROTECTIVE PROFESSIONS WHICH THEN HAVE DIFFERENT FAIR LABOR STANDARDS ACT REGULATIONS.  HE ASKED THAT IF POSSIBLY THE COUNCIL COULD MEETING AN EXECUTIVE SESSION TO DISCUSS DETAILS OF THAT.  HE SAID HE DIDN'T FEEL COMFORTABLE ASKING HIS ACTUAL QUESTIONS IN AN OPEN SESSION.

            COUNCILMAN REID SAID HE UNDERSTOOD THE STAFFING ISSUES AND BUDGET CUTS.  HE SAID HE KNEW SOMETHING HAD TO BE DONE.  HE WANTED SOMETHING THAT WAS GOING TO BE LEGAL AND TO WHERE WE HAVE PEOPLE THAT AREN'T DOUBLE DIPPING FROM THE CITY PAYROLL.  HE SAID THAT WAS NOT APPROPRIATE.

            DIRECTOR BURNS SAID THIS WAS NOT CONSIDERED DOUBLE DIPPING.  IT IS FROM 2 DIFFERENT BUDGETS.  HE ASKED THE CLERK-TREASURER TO CORRECT HIM IF HE WAS WRONG.  ON THEIR DAYS OFF FROM THE FIRE DEPARTMENT, THEY COULD WORK FOR THE UNIT. 

            COUNCILMAN KOGER SPOKE UP AND SAID IT WASN'T ANY DIFFERENT THAN A POLICE OFFICER WORKING FOR THE ANKLE BRACELET PEOPLE. 

            COUNCILMAN REID SAID YES THERE IS.

            COUNCILMAN KOGER SAID NO THERE IS NOT.

            COUNCILMAN REID SAID THEY ARE CITY EMPLOYEES.

            COUNCILMAN KOGER SAID IT DOESN'T MATTER.  IF THEY NEED STAFF, AND THESE GUYS ARE TRAINED, AND IT IS THEIR DAY OFF, THEY SHOULD HAVE THAT PREROGATIVE.

            DIRECTOR BURNS SAID A LOT OF OTHER GUYS GO TO OTHER TOWNS AND WORK ANYWAY.

            COUNCILMAN REID SAID THEN THEY ARE NOT WORKING FOR THE CITY OF NEW CASTLE.  HE ASKED ATTORNEY COPENHAVER FOR LEGAL ADVICE.

            ATTORNEY COPENHAVER SAID HE HAD NOT BEEN ASKED TO CHECK ON THIS UNTIL NOW.  HE SAID HE DIDN'T KNOW THEY HIRED PEOPLE FROM THE FIRE DEPARTMENT TO DO THIS.  HE SAID, IT SEEMED TO HIM AS LONG AS THEY ARE NOT DOING THEIR REGULAR WORK OR FOR THE SAME DEPARTMENT, IT PROBABLY IS NOT A PROBLEM.  HE SAID IF THEY WANT TO PASS THIS ON FIRST READING, HE WOULD CHECK IT OUT.

            DIRECTOR BURNS SAID THE CUTS THAT HIS DEPARTMENT TOOK, HAPPENED LAST FRIDAY.  HE SAID HE WAS ALREADY SHORT HANDED ON STAFF AND MONEY.  HE SAID THAT IS WHY HE WAS ASKING FOR THE THREE READINGS TONIGHT.  HE SAID HE HAD A SCHEDULE TO GO IN PLACE WEDNESDAY MORNING.   HE SAID WHAT HE WAS AFRAID OF, LOOSING THE $800,000.00.

            COUNCILMAN KOGER ASKED IF THIS WENT BACK TO THE GENERAL FUND.

            DIRECTOR BURNS SAID 80% TO 20%.  80% TO THE GENERAL FUND AND THE 20% GOES INTO A FUND FOR EQUIPMENT AND TO MAINTAIN THE EQUIPMENT.

            COUNCILMAN REID SAID HE WANTED TO MAKE SURE IT WAS LEGAL.  GENERALLY, FLSA SAYS THAT IF AN EMPLOYEE OF AN ORGANIZATION DOES A SIMILAR JOB FOR WHICH PART OF THEIR NORMAL JOB DUTIES, THAT IS PART OF THE JOB DESCRIPTION, THEN THEY CAN'T DO IT.  IF YOU HAVE NEW CASTLE FIREMEN, PART OF THEIR JOB IS TO RESPOND TO MEDICAL EMERGENCY, EITHER IN SUPPORT OF THE AMBULANCE OR AS PART OF THE AMBULANCE CREW.

            DIRECTOR BURNS SAID, WE UTILIZE THEIR DUTY AS A SUPPORT STAFF.

COUNCILMAN REID SAID, SO YOU ARE USING THE NEW CASTLE FIREMEN AS SUPPORT STAFF.  HE SAID HIS CONCERN WAS THAT THIS MIGHT NOT BE LEGAL.  IN ADDITION TO THE OTHER QUESTION, HE WISHED TO DISCUSS IN A CLOSED SESSION BECAUSE IT INVOLVES A POTENTIAL LAW SUIT.

            ATTORNEY COPENHAVER SAID THERE WAS NOTHING ILLEGAL ABOUT IT.  HE SAID YOU CAN'T GET AROUND THE OVERTIME LAWS BY DOING THAT.  IN OTHER WORDS, IF YOU HAVE SOMEONE WHO WORKS FOR THE STREET DEPARTMENT AND YOU DECIDE YOU ARE GOING TO HAVE THEM COME IN AND PUSH SNOW AFTER THEY HAVE WORKED EIGHT HOURS.  YOU CAN'T HIRE THEM TO A CONTRACT TO COME IN AND DO WHAT THEY WOULD DO  IF THEY WERE WORKING OVERTIME TO AVOID THE TIME AND ONE HALF OR DOUBLE TIME.  THAT IS WHAT FLSA DOES.  WOULD THIS GET US INTO OVERTIME TROUBLE, WOULD THIS GUY BE ABLE TO SAY I'M DOING FIREMEN WORK, SO I SHOULD GET TIME AND ONE HALF WITH DOUBLE TIME.

            DIRECTOR BURNS SAID HE THOUGHT WITH THE LIMITED NUMBER OF PEOPLE THAT HE HAS, ONE OF THE REASONS, FIVE YEARS AGO WHEN HE STARTED, WITH THE TWO TRUCKS WAS PARAMEDIC FATIGUE.  HE SAID HE WAS DOWN TO 8 PARAMEDICS AND TO WORK 3 EACH DAY, THEY WILL BE WORKING EVERY OTHER DAY.  THEIR PREMIUM OVERTIME RATE, THEY ARE GOING TO HIT IT REAL QUICK, ALONG WITH THEM BEING BURNED OUT.   SO BY SPLITTING THOSE MEDICS UP,  HAVING 2 PARAMEDICS A DAY, WITH  2 PRN EMTS, WOULD KEEP THE TWO TRUCKS ON EVERY DAY AND HELP WITH THE FATIGUE OF THE MEDICS AND STILL PROVIDE THE SERVICE TO THE CITIZENS THAT THEY DESERVE.

            ATTORNEY COPENHAVER SAID THERE ISN'T NOTHING ILLEGAL ABOUT HAVING PRN'S EMPLOYED.  WHAT THE CONCERN WOULD BE IS WHO THOSE EMPLOYEES MIGHT BE.  HE SAID HE WASN'T JUST UTILIZING THE NEW CASTLE FIRE DEPARTMENT.  THERE IS A CHUNK OF THEM BECAUSE THEY KNOW THE SYSTEM.

            COUNCILMAN REID SAID HIS CONCERN IS THAT WE MAY NOT BE ABLE TO USE,  NOT THE PRN EMPLOYEES, THAT WE MAY NOT BE ABLE TO USE  NEW CASTLE FIREMEN TO SERVICE THE PRN EMPLOYEES, CAUSE THEY MAY BE ABLE TO SAY, LEGALLY, WE ARE STILL KIND OF DOING WORK THAT IS RELATED TO OUR JOB AT THE FIRE DEPARTMENT, SO WE ARE NOT WORKING FOR $10.00 AN HOUR , WE WANT THE CITY TO PAY US OUR FULL WAGES PLUS OVERTIME.  AND THAT COULD BE AT THIS TIME, WITH THE CITY BUDGETS AS TIGHT AS THEY ARE, THAT COULD BE A BIG DEAL.  IT WOULD BE WISE FOR US TO GET A FULL LEGAL OPINION BEFORE NEW CASTLE FIREMEN START DOING THE WORK.  AGAIN, IF IT'S LEGAL, THAT IS DIFFERENT.  OR NOT IF IT'S LEGAL, IF WE CAN DO IT WITHOUT HAVING TO CHARGE OVERTIME, OR PAY OVERTIME TO THOSE CITY OF NEW CASTLE EMPLOYEES, THAT'S ONE THING BUT IF WE ARE GOING TO HAVE TO TURN AROUND AND PAY  $10.00 PER HOUR , GOING TO HAVE TO PAY THEIR REGULAR TIME, PLUS OVERTIME, THAT IS TOTALLY DIFFERENT ISSUE.  YOU NEED TO KNOW THAT SO YOU HIRE PEOPLE WHO ARE NOT NEW CASTLE FIREMEN.

            DIRECTOR BURNS SAID THAT THE PARAMEDICS OVERTIME RATE IS NEARING $25.00 PER HOUR.  THE FIRE DEPARTMENT, LUCKILY $20.00 PER FIRE CHIEF JEFF MURRAY.

            PRESIDENT YORK SAID WITHOUT THIS YOU COULDN'T UTILIZE FOR EXAMPLE, KENNARD'S EMS STAFF.

            DIRECTOR BURNS SAID NO.  HE SAID JAN CAN'T PAY UNLESS IT'S ON THE SALARY ORDINANCE.  HE SAID UNTIL THIS IS PASSED, HE COULD NOT PAY

ANYONE BECAUSE IT IS NOT IN THAT ORDINANCE.

            PRESIDENT YORK SAID THAT IF THIS DOES NOT PASS, WERE DOWN TO ONE TRUCK PER DAY.

            DIRECTOR BURNS SAID WE WOULD HAVE TO.  EITHER PAY THE PARAMEDICS AT THE UNIT OVERTIME EVERY DAY OR SHUT A TRUCK DOWN IF THIS DOESN'T PASS.  HE SAID THEY HAVE FROM 15 TO 20 CALLS A DAY.  LAST YEAR, THEY HAD 4,400.  TWENTY YEARS AGO, IT WAS 1,800 A YEAR.  EVERY YEAR IT IS GOING UP.  HE SAID HE DIDN'T KNOW ABOUT THIS UNTIL LAST FRIDAY.  HE PUT THIS TOGETHER SINCE LAST FRIDAY.

            COUNCILMAN REID SAID HE WAS NOT OPPOSED TO THE PRN SIDE OF IT.  THAT IS NOT MY POINT; I JUST WANT TO MAKE SURE WE ARE NOT GETTING OURSELVES INTO A POSITION WHERE SOMEBODY IS GOING TO COME BACK AND SAY YOU OWE US OVERTIME AND EVEN IF IT WOULD BE CHEAPER THAN OVERTIME.

            COUNCILMAN KOGER ASKED IF THE STATE BOARD OF ACCOUNTS COULD TAKE CARE OF THAT.

            ATTORNEY COPENHAVER SAID IT WAS A U S DEPARTMENT OF LABOR QUESTION.  YOU KNOW YOU ARE GOING TO NEED THE PRN EMPLOYEES; IT IS JUST A QUESTION OF WHO YOU HIRE FOR THOSE SPOTS, WHICH WE CAN TAKE CARE OF.

            PRESIDENT YORK SAID THERE WAS NOTHING IN THIS ORDINANCE THAT SAYS IT IS GOING TO BE NEW CASTLE FIREFIGHTERS.

            ATTORNEY COPENHAVER SAID NO.

            COUNCILMAN HAHN ASKED ABOUT THE OVERTIME TO FIREMEN.

            COUNCILMAN REID SAID IT ISN'T ABOUT THE OVERTIME OR THE FIREMEN.  HE SAID THERE ARE OTHER CITY EMPLOYEES BASICALLY WORKING A SECOND JOB WITH THE CITY.  IT IS NOT THE PRN SIDE.

            DIRECTOR BURNS SAID THAT IF THERE WAS AN EMT AT THE STREET OR WATER DEPARTMENTS AND THEY WERE QUALIFIED TO DO THE JOB, HE WOULD BE INTERESTED IN THEM TOO, TO KEEP THE SAME SERVICE THAT WE CURRENTLY HAVE.

            COUNCILMAN REID ASKED IF THERE WAS ENOUGH NON-CITY EMPLOYEES PRNS AVAILABLE TO GET THROUGH THE NEXT TWO WEEKS.

            DIRECTOR BURNS SAID NO.

            ATTORNEY COPENHAVER SAID THE WORSE, IF USE FIREMEN AS PRNS, AND THE DEPARTMENT OF LABOR CAME IN AND SAID YOU CAN'T PAY THEM THAT PRN RATE, YOU'D HAVE TO PAY THEM TIME AND ONE HALF.  YOU WOULD BE PAYING A FIREMEN A HIGHER RATE.  HE SAID HE WASN'T SURE BURNS WOULD HAVE TO DO THAT.  IF YOUR RISKING GOING DOWN TO ONE AMBULANCE, OR PAYING FIREMEN OVERTIME, WHICH MAY NOT BE THE CASE, YOU ARE PROBABLY TO BE WELL ADVISED TO AVOID THE CRISIS AND PASS IT TONIGHT AND THEY WOULD LOOK INTO THE TIME AND ONE HALF ISSUE.

            PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON FIRST READING.

COUNCILMAN KIDD: SECOND.

 

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

 

PRESIDENT YORK MOVED TO SUSPEND THE RULES AND READ ORDINANCE #3572 ON SECOND READING BY TITLE ONLY.  COUNCILMAN REID: SECOND

ROLL CALL VOTE: SEVEN VOTES AYE.                   SUSPENDED.

 

ORDINANCE #3572 - AN ORDINANCE AMENDING SALARY ORDINANCE #3554 WAS READ ON SECOND READING BY TITLE ONLY BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS ORDINANCE.  COUNCILMAN HAHN: SECOND  ROLL CALL VOTE: SEVEN VOTES AYE.   PASSED AND ORDERED.

 

PRESIDENT YORK MOVED TO SUSPEND THE RULES AND READ ORDINANCE #3572 ON THIRD AND FINAL READING BY TITLE ONLY.  COUNCILMAN KIDD; SECOND

ROLL CALL VOTE: SEVEN VOTES AYE.                      SUSPENDED.

 

ORDINANCE# 3572 - AN ORDINANCE AMENDING SALARY ORDINANCE #3554 WAS READ ON THIRD AND FINAL READING BY TITLE ONLY BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON THIRD READING BY TITLE ONLY.  COUNCILMAN HAHN: SECOND  ROLL CALL VOTE: SEVEN VOTES AYE.           PASSED AND ORDERED.

 

COUNCIL REPORTS:

COUNCILADY GOODMAN READ A LETTER, DATED APRIL 3, 2009, INFORMING

THE COUNCIL MEMBERS OF THE SPLIT BETWEEN THE NEW CASTLE/HENRY COUNTY EDC.  THE LETTER ASKED THE COUNCIL TO ENCOURAGE MAYOR SMALL TO BRING THE CITY OF NEW CASTLE BACK TO THE HENRY COUNTY /NEW CASTLE EDC AND SUPPORT THE ORGANIZATION WITH THE $75,000.00 THAT WAS BUDGETED.    A COPY OF THE LETTER IS ATTACHED.  COUNCILADY GOODMAN SAID SHE HAD DISCUSSED THE ISSUE OF EDC, AS A MEMBER OF THE BUDGET COMMITTEE, WITH COUNCIL MEMBERS.  SHE SAID HER QUESTION WAS HOW LONG OR WHEN DO WE DISCUSS THIS SPECIFICALLY.    SEVENTY-FIVE THOUSAND DOLLARS THAT WE PULLED FROM THE FORMER ENTITY IS A CHUNK OF CHANGE AND HER PERSONAL OPINION IS THE FOCUS OF THE NEW EDC THAT HAS BEEN CREATED IS A NARROW FOCUS ON DOWNTOWN DEVELOPMENT.  DOWNTOWN DEVELOPMENT IS POSITIVE MOVE IN THE RIGHT DIRECTION, BUT, TO PULL THE WHOLE SEVENTY-FIVE THOUSAND DOLLARS FROM THE COUNTY WIDE ORGANIZATION IS A LOT OF MONEY.

            COUNCILMAN REID SAID HE WANTED TO POINT OUT ONE FACT.  WHEN WE APPROVED THE BUDGET, WE HAVE SIMPLY APPROVED A BUDGET THAT HAS A DOLLAR FIGURE IN PERSONNEL, A DOLLAR FIGURE IN SERVICES, A DOLLAR FIGURE IN PARTS AND PIECES AND A DOLLAR FIGURE FOR CAPITAL EXPENDITURES.  IN NO SITUATION, IN AT LEAST THE PAST FOUR YEARS, THERE WAS NEVER A BUDGET SUBMITTED TO THE CITY COUNCIL THAT HAD ANY MORE THAN A DOLLAR AMOUNT.  THE COUNCIL HAS NEVER BEEN, AT LEAST IN THAT PERIOD OF TIME, HAS NEVER DIRECTED THE CITY ADMINISTRATION ON WHAT SPECIFIC DOLLAR AMOUNTS TO SPEND FOR X, Y, OR Z PROJECT, OTHER THAN IN THE 100, 200, 300, AND 400, WITHIN A GIVEN BUDGET LINE WHICH IS GENERAL FUND.   TO CLEAR UP THE FACT, THE COUNCIL NEITHER VOTED FOR NOR AGAINST AS AN ENTITY, THE MAYOR'S DECISION TO WITHDRAW THE FUNDING FROM THE NEW CASTLE/HENRY COUNTY ECONOMIC DEVELOPMENT CORPORATION.  BECAUSE OF THE WAY OUR BUDGET STRUCTURE IS SET UP, WE ARE SET UP DIFFERENTLY THAN THE COUNTY.  THAT IS NOT AN ITEM THE MAYOR NEEDS TO RECEIVE COUNCIL APPROVAL FROM.

            COUNCILMAN REID ASKED ATTORNEY COPENHAVER TO EXPLAIN THE DIFFERENCE BETWEEN THE COUNTY AND CITY BUDGETS.

            ATTORNEY COPENHAVER SAID HE COULD NOT DO COUNCILMAN REID'S QUESTION JUSTICE.  THE COUNTY DOES NOT HAVE A SINGLE EXECUTIVE.  THAT IS ONE OF THE THINGS THE SHEPHERD REPORT SUGGESTED THAT THE COUNTY GOVERNMENT HAVE.  THE ROLE OF THE MAYOR IS DIFFERENT FROM THE COUNTY COMMISSIONERS AS A WHOLE.  THE SIMILARITY, YOU TAKE THE THREE COMMISSIONERS AND REDUCED IT TO ONE INDIVIDUAL THAT WOULD BE THE ROLE OF THE MAYOR.  THAT DOESN'T DO A VERY GOOD JOB EXPLAINING IT.  THE MAYOR PROVIDES YOU WITH A BUDGET ANNUALLY.  IT SETS OUT THE VARIOUS FUNDS THAT THE VARIOUS MONIES GO INTO.  FROM THOSE FUNDS, CERTAIN THINGS CAN BE PAID AND THE COUNCIL IS AT LIBERTY TO REDUCE THAT BUDGET, BUT YOU CANNOT INCREASE IT.  THE MAYOR, UNDER STATUTORY AUTHORITY, THE ADMINISTRATIVE OBLIGATION TO RUN THE CITY FOR A YEAR, NOT GOING OVER THE AMOUNT APPROPRIATED UNLESS YOU HAVE AN ADDITIONAL APPROPRIATION.  HE SAID HE ASSUMED THE COUNTY HAD A SIMILAR PROCESS WHERE THE COUNTY COMMISSIONERS COME UP WITH A BUDGET.  COUNTY GOVERNMENT IS MADE UP OF FAR MORE ELECTED OFFICES.  HERE, YOU HAVE A BUDGET FOR THE MAYOR, CLERK-TREASURER AND THE CITY JUDGE FOR THEIR DEPARTMENTS.  THE COUNTY HAS THE AUDITOR'S OFFICE, THE RECORDER'S OFFICE, THE ASSESSOR'S OFFICE, ETC.  THOSE ARE ALL DIFFERENT STATUTORILY ELECTED POSITIONS.  IT BECOMES MORE CONFUSING.  COUNTY GOVERNMENT HAS SEVERAL STATUTORY DEPARTMENTS, LIKE THE HEALTH DEPARTMENT, THE PARK BOARD OF TRUSTEES.  IT IS VERY DIFFERENT.  THE COUNTY COURT SYSTEM IS VERY DIFFERENT THAN THE CITY'S COURT SYSTEM.  IT IS VERY HARD TO DRAW A  CONNECTION BETWEEN THE TWO.  HE SAID THAT IS NOT TO SAY, THAT YOU AS AN ORGANIZATION, THROUGH NON-BINDING RESOLUTIONS DIRECT HOW YOU THINK CERTAIN THINGS SHOULD GO.  YOU HAVE THE RIGHT TO SCRUTINIZE THE BUDGETS WHEN THEY ARE PRESENTED AND ASK QUESTIONS ABOUT DIFFERENT LINES AND MAKE DECISIONS BASED UPON THE RESPONSES YOU RECEIVE FROM THOSE QUESTIONS.  THOSE ARE THINGS THAT YOU HAVE AUTHORITY TO DO.

            COUNCILMAN REID SAID HE GUESSED THAT THE POINT THAT CAN BE TAKEN FROM THAT IS THAT THE COUNCIL APPROVES A GENERAL, FAR REACHING, GENERALIZED BUDGET AND THEN BY STATE STATUTE, IT IS LEFT UP TO THE MAYOR TO MANAGE THE DAY TO DAY OPERATIONS AND DETERMINE THE PERSONNEL, SERVICES, PARTS AND PIECES AND CAPITAL LINE ITEM OF EACH BUDGET.  HOW HE OR SHE IN THEIR ADMINISTRATION IS GOING TO SPEND THAT MONEY.  IT ISN'T SOMETHING THAT IS PROVIDED TO THE COUNCIL TO DO.  HE SAID SOME HAVE BEEN SUPPORTIVE; OTHERS HAVE NOT, SOME ON THE FENCE.  AT THE END OF THE DAY, THIS IS NOT THE COUNCIL'S DECISION AND NO LEGAL DECISION, NOR WAS THERE A NEED FOR LEGAL DECISION BY THE COUNCIL TO REMOVE MONEY FROM THE NEW CASTLE/HENRY COUNTY ECONOMIC DEVELOPMENT CORPORATION.

            COUNCILMAN KOGER SAID WHERE THE YEAR CAME FROM, TO THE FACT OF WHAT VAUGHN WAS TALKING ABOUT, IN THE UPCOMING YEARS BUDGET, WE ARE GOING TO TRY TO POSSIBLY PUT THAT IN A DIFFERENT LINE OR A DIFFERENT CATEGORY WHERE WE CAN ASSESS THAT AS A COUNCIL TO EARMARK THAT MONEY THE WAY WE WANT TO.  THE WAY WE THINK IT SHOULD GO.  THAT IS WHERE THE YEAR CAME UP.

            COUNCILMAN HAHN SAID WHEN THIS WAS BROUGHT UP; AS YOU KNOW IT WAS CHAOS AND ANIMOSITY WHEN BRIAN COATES WAS LEAVING.  EVERYTHING WAS JUST QUICK.  JUST LIKE A RUBBER STAMP.  BEFORE YOU KNEW IT, WE WERE NOT WITH THE COUNTY, THE MAYOR HAD HIS PLAN AND WE HAD ALREADY SET THE BUDGET.  ALL WE CAN DO, WHEN THE BUDGET COMES, AND WE WANT TO GO AS ONE ENTITY AGAIN, WE MAKE SURE THE COUNCIL LETS THE MAYOR KNOW WE WANT THE $75,000.00 TO GO COUNTY AND CITY WITH EDC.  IF THE MAYOR SAYS NO, HE WOULD SPEND IT THE WAY HE SEES NECESSARY FOR THE YEAR.  IF HE TELLS US THAT, THEN WE CAN TAKE THE $75,000.00 AND SAY WE ARE NOT GOING TO GIVE ANYTHING TO DECK THEN.  SO, IF WE DON'T GIVE ANYTHING TO DECK, THEN WE WON'T HAVE AN DECK

IN THE CITY.  IF THE COUNCIL FEELS, IN THEIR HEARTS, THAT IT SHOULD BE CITY/COUNTY AGAIN, THE ONLY WAY TO ATTACK IT IS TAKE THE $75,000.00 OUT OF THE CITY, IT IS NOT GOING TO THE COUNTY, BUT AT LEAST THE CITY IS NOT GOING INVOLVED IN EDC.  IT WILL GO TO PAY SOME OTHER BILLS OR GET SOME EMPLOYEE BACK TO WORK.  SO IF WE AREN'T GOING TO USE THE MONEY FOR EDC, LIKE THE LETTER YOU HAVE COUNCILADY GOODMAN, A LETTER THAT HAD A LOT OF MERIT TO IT, THEN WHEN WE PASS THE BUDGET, JUST DON'T PUT THAT IN AS A LINE ITEM.  HE SAID OF ALL BUSINESS PEOPLE IN TOWN, MR. DANNY DANIELSON, HIS ROLE MODEL, HE KNOWS BUSINESS AND BEEN IN BUSINESS AND DONE A LOT FOR THIS COMMUNITY.  MR. DANIELSON'S QUESTION TO COUNCILMAN HAHN WAS," WHY DID WE SPLIT?"  ONCE WE PASSED THE BUDGET,  THE COUNCIL DOES NOT ADMINISTER TO THE FUNDS.

WE GET THAT LINE ITEM AND A COMMITMENT FROM THE MAYOR THAT THIS IS THE WAY IT IS GOING TO BE USED, THE CITY/COUNTY UNITED AGAIN.  THAT IS WHAT WE HAVE TO HAVE IN THIS YEAR'S BUDGET, IF WE ARE GOING TO CHANGE.  HAHN SAID THAT MR. DANIELSON IS A LEADER IN THE COMMUNITY AND A LEADER IN THE WORLD AND IF HE THINKS WE SHOULD BE BACK TOGETHER, THEN WE NEED TO LISTEN TO BUSINESS PEOPLE.  HE SAID IF WE ARE GOING TO DRIVE EDC, FOR THE BEST FOR THE COMMUNITY AND THE COUNTY, THEN IF THAT IS WHAT WE SEE AS OUR COURSE, THEN WE NEED TO DO A BETTER JOB.  WE NEED TO WORK WITH THE MAYOR ON THE BUDGET.  WE NEED TO SAY, GET BACK ON TRACK, BUILD THE COMMUNITY, BUILD THE CITY.  IF WE ARE GOING TO CHANGE ANYTHING, NOT AS OF NOW, WE NEED TO TALK MORE TO THE MAYOR AND GET A MEETING.  IF WE ARE NOT GOING TO USE THE MONEY FOR WHAT WE SEE WHAT IT SHOULD BE USED FOR, THEN WE NEED TO STRIKE THE LINE ITEM. 

            COUNCILMAN HAHN ASKED COUNCILADY GOODMAN, YOU ARE FOR PUTTING IT BACK TOGETHER AGAIN, IS THAT CORRECT?

            COUNCILADY GOODMAN SAID, YES.  SHE SAID SHE DIDN'T REALIZE WHEN I VOTED ON THE BUDGET, THAT IT WAS GOING TO SPLIT.

            COUNCILMAN HAHN SAID, YOU DON'T.  IT IS IN THERE AND YOU THINK IT IS GOING TO BE TOGETHER.  SO, WE HAVE TO ATTACK IT AND ADDRESS IT AND COME UP WITH SOMETHING WITH THE MAYOR AND COUNCIL.  HE ASKED PRESIDENT YORK TO SET SOMETHING UP BETWEEN THE MAYOR AND THREE MEMBERS OF THE BUDGET COMMITTEE.

            PRESIDENT YORK SAID THIS WILL BE TAKEN UNDER ADVISEMENT.

            COUNCILMAN KOGER SAID ONE THING THAT WAS NOT MENTIONED IN THE LETTER, THE COUNTY DID NOT CONTRIBUTE $75,000.00 TO EDC THIS YEAR.

THEY SENT AN OFFICIAL TO FILL A VACANCY THAT THEY CREATED.  FROM THE PRESIDENT OF THE HENRY COUNTY COUNCIL, HIS REMARK WAS WE WILL VOID A LAW SUIT.  BECAUSE OF THE ELECTED OFFICIAL'S POSITION, BEING TAKEN AWAY BY THE STATE.  THEY DID NOT SEND $75,000.00 OVER.  THEY SENT AN EMPLOYEE OVER THERE PLUS $37,000.00 APPROXIMATELY.  SO, IF YOU CONSIDER THAT $75,000.00, THAT IS YOUR OPINION.  THAT IS NOT $75,000.00 CASH.  EVERYBODY NEEDS TO KNOW ABOUT THE COUNTY PART.  THEY ARE NOT THE GOLDEN CHILD.

            COUNCILMAN REID SAID ON A PERSONAL LEVEL, HE WOULD LIKE TO SEE MONEY FOR THE HENRY COUNTY EDC.  HOWEVER, HE ALSO THOUGHT THAT THE DIFFERENT FOCUS OF OUR CURRENT ECONOMIC GROUP IS ALSO HELPFUL.  ONE OF THE THINGS THAT HAS BEEN MISSING FOR A LONG TIME IS A CENTRAL FOCUS TO HELP BUSINESS.  HE SAID HE KNEW THAT A LOT OF IT HAS BEEN DOWNTOWN.  HE SAID THERE ARE PLANS TO DO OTHER THINGS IN OTHER PARTS OF THE CITY.  HE WANTED THE CITY TO TRY TO DO BOTH.  HE SAID HE DIDN'T KNOW HOW IT WAS GOING TO BE FUNDED; WE DON'T HAVE ANY MONEY, EVEN LESS NEXT YEAR.  WE AS A COUNCIL WILL HAVE TO COME UP SOME WAY FOR FUNDING.  WE ARE GOING TO KEEP GETTING CUTS AND THERE IS GOING TO COME A TIME THAT WE CAN'T FUNCTION AS A LOCAL GOVERNMENT.

 

            COUNCILMAN KOGER SAID THAT IN THE BOARD OF WORKS MEETING, THE BOARD CAME IN TO AN AGREEMENT WITH THE ALPHA GROUP.  HE ASKED FOR A HISTORY ON THIS.  HE SAID THE PAPER SAID THAT IT CAME BACK IN THE NIPP ADMINISTRATION, HIS LAST YEAR?  IT WASN'T THAT GROUP, ANOTHER GROUP FROM HARTFORD CITY THEY SAID.  IS THAT RIGHT?

            MAYOR SMALL SAID UNDER THE NIPP ADMINISTRATION, WE HAD A FULL TIME DIRECTOR OF PERSONNEL, BRINGING IN CLOSE TO $50,000.00 YEARLY PLUS AND $65,000.00 TO RUN OUR HUMAN RESOURCES.   HE WAS SERVING AT THE MAYOR'S PLEASURE.  HE SAID HE ASKED MR. NIPP TO STAY OVER FOR ONE MONTH DURING THE TRANSITION. HE SAID HE DIDN'T WANT EVERYONE LEAVING AND NO ONE THERE WITH CORPORATE KNOWLEDGE.  HE AGREED TO STAY FOR ONE MONTH.  THEN HE WAS INFORMED THAT HIS SERVICES WERE NO LONGER REQUIRED.  WE ADVERTISED FOR A FULL TIME POSITION AT THAT POINT AND WE GOT A LADY WITH GREAT QUALIFICATIONS.  SHE WAS AN ATTORNEY AND SHE AGREED TO COME TO WORK FOR US. HE SAID HE WAS SURE HE WAS GETTING A TWO FOR ONE.  SHE COULD NOT ONLY BE HUMAN RESOURCES%u2026%u2026..

            COUNCILMAN KOGER ASKED HOW MUCH MONEY AGAIN FOR THIS EARMARK?

            MAYOR SMALL SAID SALARY AND BENEFITS, $65,000.00.

            COUNCILMAN KOGER SAID, THIS IS BUDGETED, RIGHT?

            MAYOR SMALL SAID YES.  GENERAL FUND.   HE SAID SHE STAYED ABOUT THREE WEEKS AND THEY STARTED TALKING ABOUT BUDGET CUTS.  HE TOLD HER THAT EVERYONE MIGHT HAVE TO TAKE A PAY CUT.  THAT WAS THE LAST THAT HE HAD HEARD FROM HER.  HE GOT A MESSAGE SAYING, BYE, BYE.  WE WERE LEFT WITHOUT ANY HR.  MR. ENGLAND HEARD OF A GROUP IN HARTFORD CITY. WE WERE IN A HURRY TO GET HR RESOURCES.  WE INTERVIEWED, AND THEY WERE VERY GOOD.  WE CONTRACTED WITH THEM AT A RATE OF ABOUT $26,000.00 A YEAR TO WORK FOR US ONE AND ONE HALF DAYS A WEEK.  THAT WORKED OUT VERY WELL FOR THE NEXT YEAR OR SO.  THEN WE REALIZED WE HAD A TREASURE HERE IN NEW CASTLE THAT WE OVERLOOKED.  OUR OWN ALPHA  PLACEMENT.  WE TOOK SOME FLACK FOR HIRING OUTSIDE THE CITY, BUT WE THOUGHT WE WERE DOING A GOOD THING AT THE TIME.  WE HAVE EXCELLENT TALENTS HERE.  THOSE TALENTS HAVE BEEN DEMONSTRATED ALREADY IN THE NEGOTIATION AREA AND THE HR AREA.  WE ARE CONTRACTING WITH THEM FOR APPROXIMATELY   $16,000.00 A YEAR FOR HR AND CONTRACTING SEPARATELY FOR ANY UNION ACTIVITIES.

            COUNCILMAN KOGER SAID HIS LAST QUESTION WAS WHEN WAS THIS PUT ON THE BOOKS?  WHAT ADMINISTRATION DEEMED IN NECESSARY TO HAVE A HUMAN RESOURCE MANAGER?

            FORMER MAYOR AYERS SAID IT WAS DURING THE BOLES ADMINISTRATION.

           

            COUNCILMAN REID SAID WITH THE BUDGET CUTS,  WE WERE EXPECTING ABOUT $600,000.00 , ENDING UP WITH THAT PLUS 1.5 MILLION, AS FOR AS HE KNEW WE ARE EXPECTING A BUNCH MORE NEXT YEAR AND THE YEAR AFTER?

            MAYOR SMALL SAID THAT WE KNOW HAVE A CERTIFIED BUDGET.  MS. CUPP MADE RECOMMENDATIONS  LAST THURSDAY AND WE GOT RESPONSE BACK ALREADY THAT THE RECOMMENDATIONS THAT WE MADE HAVE BEEN APPROVED.  OUR BUDGET FOR 2009 IS $14,338,402.00.  ONLY SMALL CHANGES WERE MADE TO THE RECOMMENDATIONS.  LAST YEAR WE HAD A SHORT FALL

OF ABOUT $300,000.00 OF PROPERTY TAXES AND WE WERE TOLD BY THE STATE TO EXPECT THAT.  A NUMBER OF PEOPLE DID NOT PAY THEIR TAXES LAST YEAR.  AT THE END OF THE YEAR, WE REALIZED WE WERE 300,000 SHORT.  WE HAVE NOT REASON TO BELIEVE THAT THE SAME THINGS ARE GOING TO HAPPEN THIS YEAR.  ALSO, ON THIS BUDGET THAT WE ARE WORKING ON, WE CANNOT CALCULATE THE EFFECT OF THE CAP AT THIS TIME.  THERE ARE SOME BRIGHT THINGS THAT MIGHT BE ADDED. 

            COUNCILMAN REID SAID, SO WE ARE LOOKING TO LOOSE ANOTHER 300,000 BEFORE THE END OF THE YEAR  HE SAID THE CITY IS GOING TO HAVE TO FIGURE OUT SOME WAY TO GENERATE SOME ADDITIONAL REVENUE.  WE ALL REALIZE IT, BUT IT IS GOING TO HAVE TO GENERATE A DECENT AMOUNT OF REVENUE.  HE SAID HE KNEW THERE WAS A DRAFT TO CHARGE FOR TRASH PICKUP.  HE SAID, AT THIS POINT, HE WOULD BE WILLING AS A COUNCIL PERSON TO LOOK AT AN ORDINANCE TO CHARGE A MONTHLY TRASH PICKUP FEE.

AROUND $45.00 FOR 3 MONTHS.  AT $9.00 A MONTH THAT WOULD BE ABOUT A 40% SUBSIDY OVER THE MARKET RATE.  HE SAID WE ARE GOING TO HAVE MORE CUTS NEXT YEAR.  THE CITY IS GETTING TO THE POINT WHERE WE CAN'T CONTINUE TO OPERATE, TO PROVIDE ESSENTIAL SERVICES, WITHOUT GENERATING MORE REVENUE  HE SAID HE DOESN'T LIKE TO CHARGE USER FEES, HE PREFERRED A TAX THAT WOULD BE CONSISTENT EVERY YEAR.  BUT, WITH THAT BEING SAID, WE HAVE TO GENERATE SOME ADDITIONAL REVENUE OR WE WON'T HAVE ANYBODY TO PLOW THE STREETS OR DO SOME OF THE ESSENTIAL THINGS.  HE SAID HE HEARD ABOUT OUT SOURCING TRASH PICKUP?  THE CONCERN OF THE CITY AND IF NOT PICKED UP, ALL OVER THE PLACE WILL BE FERMENT.  WE NEED TO START LOOKING NOW.  SOMETHING THAT WILL BE EASY TO COLLECT AND TO DEAL WITH.  HE SAID HE WASN'T ONE WHO WANTS TO PAY TO GOVERNMENT, BUT HE ALSO KNEW THE SERVICES ARE IMPORTANT.  WE HAVE TO HAVE THE MONEY.  HE SAID HE DIDN'T WANT TO CUT EMERGENCY SERVICE BUT SHOULD HAVE A CONTINGENCY PLAN FOR RESERVES IF NEEDED.

            COUNCILMAN HAHN SAID IF WE ARE GOING TO HAVE USER FEES, THE CITIZENS SHOULD BE ABLE TO SPEAK AND HAVE INPUT.  GET THEIR CONCERNS.

IF WE DON'T GET THEIR INPUT, WE ARE NOT DOING OUR JOBS.

            PRESIDENT YORK SAID THE REVENUES ARE NOT THERE AND THERE WILL BE ADDITIONAL CUTS NEXT YEAR.  WE DO HAVE A DRAFT OR HEAVY TRASH AND MENTIONED ALREADY.  IT DOES NOT COVER A MONTHLY FEE, BASICALLY, ITEMS SUCH AS BRUSH, LIMBS, CHAIRS, ETC., WE DO NEED TO HAVE PUBLIC HEARINGS ON THIS A GET THE PUBLIC INPUT.  SHE ASKED THAT SOMETHING BE SET UP, WITHIN THE NEXT 30 DAYS, HOLD AT THE LIBRARY, A PUBLIC MEETING TO EXPRESS CONCERNS OF THE PUBLIC.

 

            MAYOR SMALL SAID HE HAD COMMENTS TO MAKE.  ONE, THERE ARE ABOUT 25 APPLICANTS FOR LIFE GUARDS AT THE POOL.  ALL MANAGEMENT IS BACK AND 11 OUT OF 16 GUARDS FROM LAST YEAR WILL BE BACK...  LAST YEAR, SCHOLARSHIPS WERE GIVEN TO THOSE THAT STAYED THE SWIMMING SEASON.  A LOCAL BUSINESS MAN HAS RAISED A CONSIDERABLE AMOUNT OF MONEY TO GIVE SCHOLARSHIPS AGAIN THIS YEAR.  THE SCHOLARSHIPS WILL NOT BE AS GREAT AS LAST YEAR.

 

            MAYOR SMALL ANNOUNCED THAT WITH THE CUT BACKS AT THE STREET DEPARTMENT, WE ARE GOING TO HAVE TO CUT BACK ON SERVICES.  OUR ORDINANCE ALLOWS FOR TRASH PICKUP THIS YEAR.  IF IT IS IN A CONTAINER, IT IS ALLOWED BY THE CITY.  IF IT IS BUNDLED, OF LENGTHS OF NOT5 MORE THAN 3 FEET, DIAMETER OF NOT MORE THAN 2 FEET AND NOT WEIGHING ANY MORE THAN 75 POUNDS.   WE HAVE NOTHING THAT AUTHORIZES US FOR ONE THING, OR ALLOWS US TO PICK UP SOFAS, REFRIGERATORS AND BIG PILES OF BRUSH.

SO, WE HAVE TO PUT THE PUBLIC ON NOTICE, BEGINNING AS SOON AS POSSIBLE,

TRASH IN ALLEYS OR CURB SIDE IN TRASH CONTAINERS.  WE WILL LOOK THE OTHER WAY IF THERE ARE PLASTIC BAGS.    THESE ITEMS ARE FREE PICKUP.  OTHER ITEMS THAT ARE TAKEN TO THE LANDFILL, THE CITY HAS TO PAY.  WITH THE BUDGET THE WAY IT IS AND THE SEVER MANPOWER SHORTAGE IN THE STREET DEPARTMENT; WE ARE NOT GOING TO HAVE THE ABILITY TO DO THAT.  WE WILL HAVE INFORMATION IN THE NEWSPAPER TO THE PUBLIC STATING THAT.  WE ALSO HAVE THE UTILITY BILLS NOW THAT ARE IN ENVELOPES, GIVING US THE OPPORTUNITY TO PUT A FLIER IN THERE, TO INFORM THE PUBLIC.  MAYBE WE WILL HAVE A PICKUP SESSION. YOU PLACE ALL AND EVERYTHING OUT AND WE WILL PICK IT EVERYTHING UP AND TAKE IT TO THE DUMP.  WE MAY DO IT TWICE A YEAR.  HE SAID IT WAS NOBODY'S FAULT BUT WE DO HAVE TO DO THIS NOW.  HE ASKED FOR COUNCIL COMMENTS.

            PRESIDENT YORK SAID 75 POUNDS, ARE YOU TALKING ABOUT BRUSH OR WHAT?

            MAYOR SMALL SAID AS LONG AS IT DIDN'T WEIGH MORE THAT SEVENTY- FIVE  POUNDS AND WAS WITHIN THE DIAMETER.

            HE ASKED THAT THE COURIER TIMES PRINT SOMETHING NOTIFYING EVERYONE OF THE DECISION TO CUT DOWN ON THE TRASH PICK UP.  HE SAID TO LOOK ON THE NEW CASTLE GOVERNMENT WEBSITE FOR VENDORS WILLING TO PICK UP OTHER HEAVY TRASH FOR A PRICE.  VENDORS ARE TO CALL THE MAYOR'S OFFICE TO PUT THEIR NAME ON THE LIST AND THEY WILL BE ADDED TO THE WEBSITE.

 

            COUNCILMAN REID SAID GRASS CLIPPINGS OUT IN THE ROAD IS AGAINST CITY ORDINANCE.

            WATER POLLUTION CONTROL MS4, BOBBY YORK, SAID YES IT WAS AGAINST CITY ORDINANCE BECAUSE THE CLIPPINGS GET INTO THE SEWER SYSTEM.

            A NOTICE SHOULD BE PUT INTO THE PAPER REMINDING PEOPLE NOT TO LET THE GRASS CLIPPINGS GET INTO THE STREETS.  IF THEY DO, CLEAN THEM UP.

 

INTERESTED CITIZENS:

 

NICK GOAR APPEARED BEFORE THE COUNCIL, DIRECTING HIS SPEECH TO ALL ELECTED OFFICIALS, ASKING THAT PART OF THEIR SALARY BE GIVEN UP TO HELP KEEP FROM LAYING OFF PEOPLE.  HE WAS CONCERNED WITH A MOTHER WITH TWO KIDS WHO WAS BEING LAID OFF.  THERE WAS AN ARTICLE IN THE PAPER ABOUT THIS WOMAN.  HE THEN TOLD ABOUT A LADY WHO CAME INTO HIS JEWELRY STORE WHO WANTED TO SELL AN OLD RING.  HE SAID SHE WAS PREGNANT AND WAS CARRYING A CHILD IN HER ARMS.  HE SAID SHE DIDN'T WANT TO SELL THE RING BUT HAD TO.  HE SAID HE GAVE HER $12.00 FOR THE RING.  HE ASKED THAT EVERYONE ASK WHAT THEY CAN DO TO HELP.  WOULD YOU BE WILLING TO GET ALL THE CITY WORKERS TO GIVE AND HELP?

            MAYOR SMALL TOLD MR. GOAR THAT IF HE WOULD HAVE COME TO THE LIBRARY LAST WEEK, HE COULD HAVE ASKED QUESTIONS AND HAD THEM ANSWERED.  HE TOLD MR. GOAR THAT HE WAS NOT IN FAVOR OF CHARGING FOR TRASH PICKUP, AND HE STOOD BY THAT. HE SAID SO FAR, HE HAS BEEN DOING EVERYTHING HE CAN TO KEEP THE CITIZENS OF NEW CASTLE FROM HAVING TO PAY ANYTHING EXTRA.  SO FAR, HE HAS BEEN VERY SUCCESSFUL AND HE INTENDED TO BE SUCCESSFUL.  HE SAID WE HAVE VARIOUS OPTIONS TO FURTHER INCREASE THE EFFICIENCY OF HOW WE OPERATE THE CITY.  HE SAID HE WAS MAKING ALL THE CUTS WITHIN THE CITY GOVERNMENT, NOT PUTTING IT ON THE CITIZENS.  WE ARE GOING TO SEE HOW WE CAN BE MORE EFFICIENT,LOOK AT OUR HEALTH PLAN AND ALTERNATIVES,  THE FINAL PHASE, TO SEE WHAT THAT FINAL DOLLAR IS THAT WE ARE SHORT, COUNT HOW MANY EMPLOYEES WE HAVE, DETERMINE WHAT PERCENTAGE WE HAVE TO CUT,  THAT IS ONE OF THE OPTIONS. HE TOLD MR. GOAR, YOU STOOD THERE FOR 10 MINUTES TALKING AND DID NOT GIVE ME A CHANCE TO EXPLAIN THAT.  WE ARE GOING TO THE GREATEST EXTENT TO MAKE ALL THOSE CUTS WITHIN CITY GOVERNMENT, SO THAT THE CITIZENS DO NOT HAVE TO SUFFER.  WE HAVE A HIGH RATIO OF LOW AND MEDIUM INCOME, 54% OF THE CITY QUALIFIES THAT WAY.  WE ARE A POOR CITY.  AT EASTWOOD ELEMENTARY SCHOOL ABOUT 84% OF THE CHILDREN THERE QUALIFY FOR FREE OR REDUCED LUNCHES.  WE HAVE A HIGH NUMBER OF ELDERLY CITIZENS.  WE HAVE WIDOWS OUT THERE THAT CANNOT AFFORD AN EXTRA $2.00 A MONTH.  WE ARE DOING ALL WE CAN ON UTILITY BILLS.  WE HOPE WE DON'T HAVE TO RAISE THEM.  HE SAID THERE IS AN EXCELLENT CHANCE WE CAN REDUCE OUR WASTEWATER FEES TO COUNTERACT ANY INCREASE THAT WE MIGHT HAVE TO DO IN OUR WATER FEES.  HE SAID THE LAYOFFS SAVED THE CITY ABOUT TWO HUNDRED THOUSAND DOLLARS.  WE HAVE SIX HUNDRED THOUSAND TO GO.  WE HAVE TO FIND A WAY TO DO THAT.

            MAYOR SMALL ASKED CLERK-TREASURER LAVARNWAY IF HE CAME TO HER OFFICE TO SEE ABOUT CUTTING HIS PAY TO HELP.  HE WAS ADVISED NOT TO DO THAT BECAUSE THE NEXT MAYOR WOULD HAVE TO START HIS ANNUAL SALARY FROM WHERE THE CUT WAS MADE.

             

 

CAROL GOODWIN, 241 RILEY ROAD, APPEARED BEFORE THE COUNCIL, STATING THERE WAS A FEW THINGS THAT SHE WANTED TO MENTION.  THE LETTER THAT BRIAN SENT TO THE COUNCIL.  SHE SAID SHE UNDERSTOOD THAT, SHE  WAS VERY PLEASED TO HEAR THE COUNCIL STEP UP AND SAY, THAT THEY COULD NOT MAKE THAT DECISION, BECAUSE THAT IS NOT WHAT SHE WAS TOLD. SHE SAID SHE WAS VEY PLEASED TO HEAR THAT TONIGHT.  THAT HELPS EVERYBODY TO UNDERSTAND WHAT THE COUNCIL IS DOING.  SATISFIED, ONE THING THAT WAS NOT DISCUSSED BY YOU ON THAT LETTER WAS THE FINANCES.  SHE ASKED WHO WROTE THAT.  THE STATE BOARD OF ACCOUNTS OR THE COUNCIL, OR THE CITY CLERK, WHO WOULD HAVE WROTE THE ACCOUNTABILITY OF FINANCES? 

            COUNCILMAN HAHN SAID THE STATE BOARD OF ACCOUNTS.

            MRS. GOODWIN ASKED IF IT WAS THE YEARLY AUDIT.

            ATTORNEY COPENHAVER SAID THAT IF THE MONEY IS NOT APPROPRIATED PROPERLY, THAT WOULD COME OUT IN THE AUDIT.

            MRS. GOODWIN SAID THAT WAS A QUESTION THAT HAD NOT BEEN ANSWERED.  SHE THEN ASKED ABOUT THE TRASH PICKUP.  ARE WE PAYING FOR NON-TAX  PAYEES TO HAVE THEIR TRASH PICKED UP? 

            MAYOR SMALL SAID WE SHOULD NOT BE.

            MRS. GOODWIN ASKED IF THERE WAS ANYWAY TO KNOW IF WE WERE OR NOT?

            ATTORNEY COPENHAVER SAID WE DO NOT COLLECT TRASH FOR ANY NON-RESIDENTIAL USER.

            COUNCILMAN REID SAID THEY HAD TALKED ABOUT THIS.  HE SAID HE KNEW RENTERS GET THEIR TRASH PICK UP.

            ATTORNEY COPENHAVER SAID BUSINESS DON'T.  THEY HAVE TO PAY TO A PRIVATE TRASH HAULERS.  RENTALS OR DOUBLES WE DO, OR SINGLES.

            WHIT BLATTNER SAID THERE IS AN APARTMENT COMPLEX IN SUNNYSIDE THAT THEY DO PICK UP ON A WEEKLY BASIS.

            MAYOR SMALL TOLD MR. BLATTNER THAT IF HE WOULD GET WITH THEM, IT WOULD BE CEASE AND EXIST.

            MRS. GOODWIN SAID SHE THOUGHT THAT IS ONE WAY TO LOOK AT THIS. SHE BROUGHT IT UP, HOPING IT WOULD HELP.

            MAYOR SMALL SAID WE HAVE TO PAY TIPPING FEES EVERY TIME WE TAKE THINGS OUT THERE.

            MRS. GOODWIN SAID THAT THINGS ARE BAD ALL OVER.  SHE SAID THEY WERE A CHRYSLER DEALER.  WE ARE IN YOUR CITY AND WE ARE 101 YEARS OLD.  WE HAVE NOT HAD ANY INTENTION THROUGH ALL OF THIS, TALK ABOUT BANKRUPTCY AND GOVERNMENT AND THINGS LIKE THAT.  SHE SAID SHE HAS NOT HAD ANY ATTENTION FROM THE E D C AND NEITHER HAS HER HUSBAND.  SHE SAID THEY EMPLOY 40 PEOPLE.  SHE SAID THAT WAS A FAIR AMOUNT IN THIS DAY AND AGE.  A YEAR AGO, WE EMPLOYED 60.  SHE SAID IF THE E D C WAS STILL HEALTHY, IF YOU HAD NOT MADE YOUR DECISION, THE CITY WOULD BE BENEFITING MORE, ECONOMICALLY.  SHE SAID SHE COULDN'T CHANGE YOUR MIND, TALKING TO MAYOR SMALL, SHE SAID SHE TRIED.  ASIDE FROM THAT, SHE SAID, THERE IS MORE THAN THE DOWNTOWN.  THE FESTIVALS ARE WONDERFUL.  SHE SAID SHE WAS RAISED ON DOWNTOWN BUSINESS.  THE FESTIVALS ARE ALL GOOD AND THAT BUT THERE ARE A LOT OF US THAT ARE STRUGGLING.  WE ARE GOING TO PUT A LOT OF PEOPLE OUT OF BUSINESS IF WE DON'T GET SOME ATTENTION.  SHE SAID WE NEED SOME ATTENTION AND NEED IT NOW.  WE NEED ALL THE HELP WE CAN GET; IT IS NOT JUST US, ALL THE PEOPLE.  SHE THOUGHT HAD ANY FIRM THAT HIRES A BUNCH OF PEOPLE, SOME THAT HAVE BEEN THERE 30-40 YEARS, THAT IS A HECK OF A LONG TIME AND SHE SAID THEY NEED YOU. THANK YOU.

 

COUNCILMAN KOGER SAID, IF THAT IS THE CASE, WE ARE PICKING UP TRASH AT CHURCHES AND APARTMENTS, I'M SURE WHIT HAS GONE TO SOMEBODY AND SAID, WE ARE PICKING THESE UP, WHY ARE WE PICKING THESE UP?  WHY ARE WE DOING THIS?  HE SAID TO MAYOR SMALL THAT HE HAD BEEN IN OFFICE FOR A YEAR AND A HALF AND WE'RE JUST NOW HEARING ABOUT THIS?  HE ASKED ASSISTANT STREET COMMISSIONER AYERS WHAT WAS GOING ON DOWN THERE.

            MR. AYERS REFERRED COUNCILMAN KOGER TO ASK SUPERINTENDENT CROSS.

            COUNCILMAN KOGER SAID,"YOUR SITTING IN THE CHAIR."

COUNCILMAN KOGER SAID THAT WAS MIND BOGGLING.  UNBELIEVABLE.  HE SAID HE COULD GUARANTEE THERE WAS MORE.

            MAYOR SMALL SAID WE HAVE A GROUP OF DEDICATED WORKS%u2026%u2026%u2026%u2026%u2026

            COUNCILMAN KOGER SAID WE NEED TO LISTEN TO THOSE WORKERS. THEY HAVE BEEN IN THIS DEPARTMENT FOR 15 TO 20 YEARS.  HE SAID HE DIDN'T CARE IF THEY WERE IN THE UNION.  IT DOESN'T MATTER.  THEY ARE YOUR EMPLOYEES AND YOU BETTER LISTEN TO THEM.  YOU BETTER TAKE IT TO HEART WHAT THEY ARE TELLING YOU.  THEY ARE DOING A JOB FOR THE CITY PERIOD.

            MAYOR SMALL SAID WE HAVE A DEDICATED GROUP OF WORKERS WHO OFTEN EXPRESS THEIR CONCERN, BUT IT DOESN'T ALWAYS GET TO THE RIGHT PEOPLE.

            COUNCILMAN KOGER SAID IT NEEDS TO.  WE NEED A LADDER TO GET TO THE RIGHT PERSON.

            MAYOR SMALL SAID TO SAY THAT EXPRESS OF CONCERN TO ANYONE IS NOT TRUE BUT HE ADMITTED THAT IT DOESN'T ALWAYS GET TO THE RIGHT PLACE.

            MR. AYERS SAID THAT WHATEVER THE TRASH MEN ARE DOING, THEY HAVE DONE FOR YEARS. 

            MAYOR SMALL SAID WE SHOULD NOT BE PICKING UP CHURCHES.

COUNCILMAN KOGER SAID, THERE YOU GO, PERIOD.  HE SAID IT, I DIDN'T.

            PRESIDENT YORK ASKED PASTOR SLAGEL WHO PICKS UP THE TRASH AT CHURCH.

            PASTOR SLAGEL SAID WE PUT IT IN A DUMPSTER.  THE CITY OF NEW CASTLE DOES NOT PICK IT UP.

            MAYOR SMALL SAID THEY WOULD CHECK INTO IT AND CALCULATE THE DOLLAR VALUE.

            EDDIE HAGAR SAID THAT THE MAYOR HAD MENTIONED SUSPENDING SOME OF THE SERVICES AS FOR CURB CLEAN UP AND STUFF LIKE THAT. 

            MAYOR SMALL SAID IF IT IS IN THE STREET, THE SWEEPER WILL COME BY AND PICK IT UP.  MR. HAGAR4 SAID HE HOPED THE MAYOR WOULD HOLD TRUE TO THAT BECAUSE HE WATCHED THE CITY FOR THE PAST 4 YEARS CLEAN UP AUDUBON TIME AND TIME AGAIN.  LEAVES AND LIMBS.  THEY MAKE IT SO DANGEROUS.  HE TOOK A PICTURE; BROUGHT IT TO THE MAYOR'S OFFICE, THERE WAS NINE FEET OF LEAVES IN THE STREET.  A FRONT END LOADER HAD TO CLEAN IT ALL UP ON MONDAY MORNING.  BY NOON, THERE WERE TWO MORE BIG PILES.  IF YOU GO THROUGH BELMONT, YOU'RE GOING TO HAVE TO CITE THESE PEOPLE.  IF THEY ARE SETTING THE STUFF OUT.  IT'S NOT GOING TO GET PICKED UP ANY OTHER WAY.  OUR CITY IS GOING TO LOOK TRASHY AND YOU WANT IT TO LOOK AMERICA BEAUTIFUL.  IT'S NOT GOING TO HAPPEN IF YOU HAVE TRASH SITTING EVERYWHERE.

            MAYOR SMALL SAID THAT COUNCIL COMMITTEE IS LOOKING AT THIS ON THE ORDINANCE TO SEE HOW WE HANDLE THIS.

            REV. SLAGLE, SAID THAT IF THERE IS A PICK UP AT CHURCHES, LET THEM KNOW THAT THEY HAVE TO PAY FOR IT.  HE THANKED THE COUNCIL FOR CHANGING THE SPEED LIMIT ON S AVE.  HE SAID IT MADE A BIG DIFFERENCE FOR HEAD START AND DAY CARE AT THE CHURCH.

            TRISH CROWE, LAB TECH AT THE WASTEWATER CONTROL PLANT,

SHE SAID ONE THING, ON YOUR VOLUNTEERISM FOR THE BIG TRASH PICK UP; SHE WANTED TO KNOW ABOUT THE LEGALITIES OF THAT.  THE LIABILITIES OF THAT IF SOMEONE VOLUNTEERS TO PICK UP THOSE BIG ITEMS.

            ATTORNEY COPENHAVER SAID THAT IF SOMEONE HAD A BUSINESS, CHARGED TO PICK UP A SOFA%u2026%u2026%u2026%u2026%u2026%u2026..

            THE MAYOR SAID THY WOULD NOT VOLUNTEER, THEY WOULD BE CHARGING.

            MRS. CROWE MADE COMMENT THAT THE MAGIC BULLET IS BEING SAID, SOMEONE CALCULATES THE COST AND SAYS THAT'S NOT ENOUGH MONEY TO SOLVE THE PROBLEM.  THERE IS NOT GOING TO BE ONE PARTICULAR THING THAT IS GOING TO SOLVE THE ISSUE OF OUR BUDGET.  IT IS GOING TO BE ACCUMULATIVE AMOUNT OF THINGS.  WHAT SHE HATED WAS, IT ALWAYS SEEMS TO BE THE FIRST THING IS CUT THE WORKERS.  SHE WANTED IT TALKED ABOUT COLLECTIVELY, COME UP WITH IDEAS, OUTSIDE OF PUTTING MORE PEOPLE ON UNEMPLOYMENT, THE FRUSTRATION OF NOT BEING ABLE TO GET THEIR MONEY BECAUSE SO MUCH IS OWED, TO THE FEDERAL GOVERNMENT, BY UNEMPLOYMENT, THIS IS GOING TO MAKE A LOT OF PEOPLE VERY ANGRY IN THIS COMMUNITY.

 

BRIAN CATRON APPEARED BEFORE THE COUNCIL, THANKING COUNCILADY GOODMAN FOR READING THE LETTER.  HE SAID HE WAS THERE TO PUSH FOR SOME ACTION ON EDC...  HE ASKED IF THERE WAS SOMETHING THAT CAN BE DONE.  HE SAID WE ARE A QUARTER OF THE WAY INTO THE YEAR.  WE HAVE THREE MORE QUARTERS AND WILL BE THAT FAR BEHIND.

            COUNCILMAN HAHN SAID THAT PRESIDENT YORK AND TWO OTHER COUNCIL MEMBERS ARE GOING TO MEET WITH THE MAYOR AND SEE IF WE CAN COME UP WITH SOMETHING.  WE CANNOT GIVE AN ANSWER UNTIL THEY MEET WITH THE MAYOR. 

            PRESIDENT YORK ASKED MR. CATRON HOW MUCH THE COUNTY HAS CONTRIBUTED THIS YEAR TO E D C .

            MR. CATRON SAID HE WASN'T POSITIVE BUT HE KNEW THEY GAVE A COMMITMENT. 

            COUNCILMAN REID SAID THE MOST ACTION WE CAN GIVE AS AN OFFICIAL BODY IS NON-BIDDING RESOLUTION, OUR OPINION TO THE MAYOR.  AT BUDGET TIME, OUR BUDGET ISN'T GRANULAR FOR US TO ACTUALLY CUT ANYTHING.  IF WE SAY, NO WE DON'T WANT THE MAYOR TO GIVE $75,000.00 TO HIS E D C, OR THE NEW CASTLE ECONOMIC DEVELOPMENT CORPORATION, WE COULD CUT THAT MONEY OUT OF A BUDGET LINE THAT COULD POTENTIALLY BE USED TO FUND THAT.  THE CITY COUNCIL COULD VOTE TO CUT THAT OUT.  ONCE THAT'S OUT, CUT OUT OF THE BUDGET PERMANENTLY, THE MAYOR CANNOT ADD THAT BACK IN AS MONEY IN ANOTHER DEPARTMENT, NOR CAN WE ADD THAT MONEY TO ANOTHER DEPARTMENT.  BASICALLY, WE ARE CUTTING OUT $75,000.00 OF THE TAX MONEY THAT THE CITY COULD ACTUALLY GET, AND SAYING IT IS GOING BACK TO THE STATE.  THAT IS REALLY THE ONLY PHYSICAL OPTION AT THIS POINT THE CITY HAS.  HE SAID HE KNOWS THAT SOME OF THE COUNCIL HAS ASKED THE CITY ATTORNEY TO GIVE THEM CLARIFICATION ABOUT WHAT OUR ACTUAL BUDGET, WHAT THE LIMITS OF BOTH THE ADMINISTRATION AND THE COUNCIL'S BUDGETING POWERS ARE IN BOTH WAYS.  THE WAY THIS SIZE CITY IS SET UP IN INDIANA; IT IS A PRETTY GENERAL THING.  THE MAJORITY OF THE BUDGETING POWER IS PROVIDED TO THE ADMINISTRATION.  THEY ARE GIVEN A LEAD WAY TO SPEND THE MONEY WITHIN A LINE ITEM AND THAT LINE ITEM OF SERVICES OR PERSONNEL ARE PRETTY VAGUE.

            MR. CATRON SAID HE URGED THE COUNCIL TO DO THAT.  HE WANTED THE COUNCIL AND MAYOR TO COOPERATE.

            MAYOR SMALL SAID HIS RESPONSIBILITY IS TO THE CITIZENS OF NEW CASTLE.  WE ARE DIRECTING OUR EFFORTS TO THE CITIZENS OF NEW CASTLE, OFFERING TO OPERATE WITH THE COUNTY.  HE SAID WE HAVE GOOD RELATIONSHIPS WITH THE COUNTY.  THE COUNTY HAS A DIRECTOR OF ECONOMIC DEVELOPMENT AND WE HAVE A DIRECTOR OF ECONOMIC DEVELOPMENT, AND THEY TALK TO EACH OTHER.  HE SAID, IT IS NOT I WHO IS NOT COOPERATING.  ONE THING HE MENTIONED, THE MONEY THAT IS APPROPRIATED, WAS APPROPRIATED, TO GO TO E D C, AND HE CHOSE TO DIRECT IT TO THE CITIZENS OF NEW CASTLE.  TO WHOM OUR FIRST LOYALTY IS AND ALWAYS WILL BE.  HE SAID SLIGHT COMMENTS HAVE BEEN MADE ABOUT MRS. DAVIS AND WHERE HER MONEY IS COMING FROM.  SHE IS NOT BEING PAID OUT OF THE MONEY THAT IS GOING TO E D C.; SHE IS BEING PAID OUT OF THE MAYOR'S SALARY LINE, ALL YEAR LONG. SO, THERE IS NO QUESTIONS OF WHERE SHE IS GETTING HER MONEY.  SHE HAS SPENT APPROXIMATELY $15,000.00 THIS YEAR ON VARIOUS THINGS AND WE WILL SHOW YOU THE LIST AND IT IS ALL ABOVE BOARD, MOSTLY ON COMMUNITY DEVELOPMENT.  THE BALANCE OF THE $60,000.00, WE ARE NOT GOING TO BLOW IT.  IT IS NOT GOING FOR SALARIES.  IT WILL GO BACK TO THE GENERAL FUND SO WE MIGHT NOT HAVE TO LAY OFF A PERSON OR WE MAY NOT HAVE TO CHARGE FOR SERVICES.   THAT MONEY IS NOT BEING SQUANDERED.  OUR APPROACH HERE IN THE CITY TOWARDS ECONOMIC DEVELOPMENT IS NOT ONE CHASING SMOKE STACKS.  ECONOMIC DEVELOPMENT CORPORATION LIKE TO CHASE SMOKE STACKS AND SAY WE RESPONDED TO 11 LEADS THIS MONTH.  THAT IS NOT THE WAY TO DO IT.  YOU NURTURE ONE OR TWO AND HE BELIEVED WITHIN THE NEXT SEVERAL WEEKS, WE WILL HAVE SOME VERY EXCITING NEWS TO ANNOUNCE ABOUT OUR ECONOMIC DEVELOPMENT EFFORTS.  WE DON'T TOOT WHAT WE ARE DOING ON IT.  WE ARE NOT LIKE CONNERSVILLE WHERE EVERYONE GOES OUT IN TEE SHIRTS.  WE TRIED THAT WITH TS TECH, AND IT DIDN'T WORK.  THE GENTLEMAN WHO WAS INVOLVED IN THAT AND SHOULD HAVE LEARNED A LESSON.  WE ALMOST LOST TS TECH BECAUSE OF THESE OVER EFFORTS.  IF SOMEONE WANTS TO COME INTO A CITY, THEY WANT TO COME IN QUIETLY.  ESPECIALLY IF THEY ARE COMPETING WITH FOUR OTHER INDUSTRIES.  THEY DON'T WANT THE FLASHLIGHTS ON THEM AT THAT TIME.

            MAYOR SMALL SAID THAT ECONOMIC DEVELOPMENT IS MORE THAN CHASING SMOKE STACKS.  IT IS COMMUNITY DEVELOPMENT, BUSINESS DEVELOPMENT.  YOU GET A SOLID COMMUNITY, NOT ONLY THE DOWNTOWN BUT THE ENTIRE

COMMU7NITY.  GET BUSINESS, WORK WITH THE BUSINESS, TRY TO HELP THEM ALONG.

            HE TOLD MRS. GOODWIN THAT HE WAS SORRY THAT THEY ONE OF MANY AND THAT THEY THOUGHT THEY WERE BIG ENOUGH TO STAND ON THEIR OWN.  WE ARE WORKING WITH THE PEOPLE THAT ARE IN TROUBLE.

            MRS. GOODWIN SAID, HOW COULD YOU THINK THAT AFTER READING THE PAPER?

            MAYOR SMALL SAID, THAT IS INTERESTING TO KNOW, THE NEXT TIME I WANT TO BUY A CAR.

            MRS. GOODWIN SAID THAT WAS A CHEAP SHOT.

            MR. CATRON SAID THE SLY COMMENTS WERE COMING FROM YOU MAYOR.  THEY ARE ASKING FOR SUPPORT. THE COMMUNITY IS THE COUNTY, THE COMMUNITY IS NEW CASTLE.   IT IS ONE IN THE SAME.  YOU PULL YOUR ASSETS TOGETHER, YOU DON'T ISOLATE THEM, YOU SEPARATE THEM.     

            MAYOR SMALL SAID OUR RESPONSIBILITIES ARE TO THE CITIZENS OF NEW CASTLE.

            WHIT BLATTNER, PRESIDENT OF AFSCME, WAS CONCERNED ABOUT SERVICE BEING CUT AT THE STREET DEPARTMENT.  HE ASKED WHAT WAS THE CITY GOING TO DO WHEN THE TRASH PILES UP AND THE PEOPLE CALL YOU COMPLAINING.  YOU GET WHAT YOU PAY FOR.  THE PEOPLE ARE UNEDUCATED WHEN IT COMES TO PROPERTY TAX DOLLARS.  EVERYBODY WAS SAYING THAT PROPERTY TAXES WERE TOO HIGH.  HIS WAS CUT IN HALF.  IF THE MONEY ISN'T THERE FROM THE TAX MONEY, SERVICES WILL HAVE TO BE CUT OR YOU WILL HAVE TO PAY FOR THE SERVICES.  OTHER CITIES HAVING BEEN PAYING FOR TRASH SERVICES FOR YEARS.  IN IS NOT AN UNCOMMON THING.  MOST OF OUR WORKERS LIVE WITHIN THE CITY LIMITS AND ARE IN FAVOR OF THIS.  IF YOU DON'T COME UP WITH SOMETHING, GET MORE REVENUE IN HERE, MORE PEOPLE WILL HAVE TO BE LAID OFF.  CUT SERVICES UNTIL THERE IS NOTHING THERE, THEN YOU WILL HAVE TO CONTRACT THESE SERVICES OUT.  YOU WILL PAY BUSTER ABOUT $20.00 PER MONTH TO PICK UP YOUR TRASH AND GET A QUARTER OF THE SERVICE THAN YOU GET NOW FROM THE CITY WORKERS.

            MAYOR SMALL SAID THERE WAS NO INTENTION TO OUT SOURCE TRASH PICKUP.

            PRESIDENT YORK TOLD MR. BLATTNER THAT THERE IS GOING TO BE A PUBLIC MEETING, THEY WILL BE THE ONES PAYING FOR THIS FEE.

 

DUANE BRAMMER, FORMER TREASURER OF THE ECONOMIC DEVELOPMENT CORPORATION, APPEARED BEFORE THE COUNCIL, STATED THAT THE COUNTY HAS COMMITTED TO $75,000.00.  MAYOR SMALL PULLED THE PLUG ON THE OTHER $75,000.00.  WE KNEW WE COULDN'T GET A NEW DIRECTOR WITH ONLY $75,000.00.    WE ARE GOING TO NEED SOME HELP IN THAT OFFICE.  PENNY YORK WAS AVAILABLE AND IS NOW IN THE OFFICE.  SHE IS NOT A PROFESSIONAL DEVELOPER BUT SHE HAS GOT A GOOD BRAIN IN HER HEAD AND SHE KNOWS HOW TO USE IT.  SO WE DECIDED THAT WE WOULD PAY $40,000.00 FOR HER SERVICES.   HE SAID THEY DIDN'T CARE IF A NEW BUSINESS COMES TO THE CITY OR COUNTY.  IT IS ONE IN THE SAME.  WE WANT TO HELP THE BUSINESSES THAT WE HAVE, GROW.  THERE ARE SOME BUSINESSES THAT ARE STRUGGLING.  IF SOMEONE COMES TO US, AND WANTS TO COME INTO THE CITY OR COUNTY, AND THERE IS A BUILDING AVAILABLE, WE DON'T CARE, CITY OR COUNTY.  HE SAID THAT MRS. DAVIS HAS BEEN VERY COOPERATIVE.  SHE HAS DONE AN EXCELLENT JOB WITH THE DOWNTOWN PROMOTIONS.   THE EDC WAS NOT IN A POSITION TO DO THAT.  WE ARE GOING TO CONTINUE TO GO ON; WE HAVE A LOT OF PUBLIC SUPPORT.  HE SAID THEY WOULD LIKE FOR THE CITY TO COME BACK AND PUT TOGETHER WHAT WE HAD, WHICH WAS A GOOD WORKING RELATIONSHIP.  HE SAID THE MAYOR SAID WE DIDN'T DO IT ALL FOR NEW CASTLE. NO WE DIDN'T.  WHAT NEW CASTLE HAS TO OFFER, HAS LIMITS.  WE UNDERSTAND THAT BUT IT DOES HAVE RAILROAD ACCESS.  THAT IS A GOOD PROSPECT BECAUSE PEOPLE ARE LOOKING TOWARDS RAILROADS AGAIN.  WE HAVE SOME GOOD PROSPECTS FOR THE CITY AND COUNTY.  HE SAID THAT THE COUNTY EDC WAS WANTING TO WELCOME NEW CASTLE BACK.

WE COULD HAVE HAD A DIRECTOR WORKING FOR THE CITY AND COUNTY HAD WE HAD THE MONEY.  HE SAID MRS. DAVIS IS DOING A FANTASTIC JOB BUT WE NEED AN ECONOMIC DEVELOPMENT PERSON.  WE INVITE YOU BACK.  WE'D LOVE TO HAVE YOU BACK AND YOUR SUPPORT.

            MAYOR SMALL SAID HE WANTED TO SAY ONE THING.  GINA'S EFFORTS ARE NOT LIMITED TO DOWNTOWN.  SHE IS DOING CONSIDERABLE WORK WITH INDUSTRY.  AGAIN, WE KEEP OUR MOUTHS SHUT.  WE DON'T SAY WHAT WE ARE DOING.  BECAUSE YOU ARE NOT HEARING ANYTHING FROM THE CITY, REGARDING MAJOR ECONOMIC DEVELOPMENT, DOES NOT MEAN THAT WE AREN'T DOING ANYTHING.

            MR. BRAMMER SAID MAYOR SMALL PULLED THE MONEY REAL FAST BECAUSE YOU DIDN'T HEAR WHAT WE WERE DOING.  YOU KNEW I WAS TREASURER AND IN THE OFFICE, YOU DIDN'T ASK ME.  HE SAID HE TOOK EXCEPTION TO THAT.

            MAYOR SMALL SAID HE WAS PLEASED WITH WHAT BRAMMER WAS DOING THEN AND PLEASED WITH WHAT HE IS DOING NOW.

            DENNIS HAMILTON SAID HE CAME TONIGHT, CONFUSED WITH WHAT HE HAD HEARD.  HE SAID HE HEARD COUNCILADY GOODMAN SAY SHE DIDN'T REALIZE THAT SHE HAD VOTED FOR THE PULL OUT OF THE EDC.  HE SAID HE HEARD OTHERS SAY THAT IT WASN'T THEIR DECISION.  ALSO, HE HEARD THERE IS TO BE A MEETING.  HE SAID HE KNEW THE MAYOR'S POSITION ON THIS.  WHEN WILL I KNOW WHAT EACH COUNCIL MEMBERS FEELING ARE ON THIS?

            COUNCILMAN HAHN SAID WHEN PRESIDENT YORK AND TWO OTHER COUNCIL PERSONS MEET WITH THE MAYOR.  RIGHT NOW, WE STATED, WE WILL MEET WITH THE MAYOR TO SEE WHAT CAN BE WORKED OUT. 

PRESIDENT YORK WILL SET UP THE MEETING.

            PRESIDENT YORK SAID SHE WOULD GET A COMMITTEE TOGETHER TO MEET WITH THE MAYOR.  THREE WILL MEET, YORK, KOGER AND MALONE AND THE OTHER FOUR WILL MEET SEPARATELY.
            COUNCILMAN REID SAID HE RECOMMENDED THAT WE HAVE A NON-BINDING RESOLUTION TO GIVE THE NEW CASTLE/HENRY COUNTY ECONOMIC DEVELOPMENT CORPORATION MONEY, EVEN IF THERE IS EVEN MONEY TO GIVE AT THIS POINT.  AT THE MOST, THAT IS ALL WE CAN DO AT THIS TIME.  AT BUDGET TIME, UNLESS SOMETHING CHANGES THIS YEAR, AND THERE MAY BE A STATUTE, HE ASKED SOME PREVIOUS ELECTED OFFICIALS ABOUT THE BUDGET STATUTES AND THAT IS WHY HE IS ASKING FOR A LEGAL OPINION FROM THE CITY ATTORNEY.  THE BUDGET STATUTES ARE VERY GENERAL AND THEY DON'T BREAK DOWN LIKE IF IT IS SERVICES, DOESN'T SAY HIRE A CONSULTANT.  IT JUST SAYS SERVICES.  AND AT THE MAYOR'S DISCRETION, TO SPEND THAT HOWEVER HE CHOOSES.  SO AT THE END OF THE DAY, WE AS COUNCIL MEMBERS CAN APPROACH THE MAYOR AS COMMITTEES OR INDIVIDUALLY AND EXPRESS OUR OPINIONS AND ASK TO DO X OR Y.  BUT AS AN OFFICIAL COUNCIL ACTION, THE MOST THIS COUNCIL CAN DO, THIS YEAR, IS TO PASS A NON-BINDING RESOLUTION.  THE ONLY THING THE COUNCIL CAN DO AT BUDGET TIME IS, THE WAY THE BUDGET IS DONE AND DOESN'T CHANGE, IS TO CUT THE BUDGET FOR THE ENTIRE CITY BY THE $75,000.00.  NOBODY GETS IT; THE STATE GETS TO KEEP IT.

            PRESIDENT YORK SAID THAT ONLY A RECOMMENDATION COULD BE MADE.  SHE SAID IF THE COUNCIL COMES BACK AND SAYS WE ARE RECOMMENDING THAT THE CITY GO BACK, IT IS STILL MAYOR SMALL'S DECISION.

            COUNCILMAN REID MADE THE MOTION THAT THE NEW CASTLE ECONOMIC DEVELOPMENT COMMITTEE WILL PROVIDE A FORMAL RECOMMENDATION  ABOUT WHAT THEY PREFER TO DO ABOUT FUNDING TO THE HENRY COUNTY EDC OR TO FUND BOTH OR ONE , WHATEVER AND WE WILL THEN VOTE ON THAT RECOMMENDATION.  WE ADD TO THE AGENDA FOR THE NEXT MEETING.

 

COUNCILMAN KOGER: SECOND.

ROLL CALL VOTE: SEVEN VOTES AYE                    RECOMMENDATION