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City Council Meeting Minutes - 11/17/08

COMMON COUNCIL

NOVEMBER 17, 2008      7:00 P.M.

 

THE PLEDGE OF ALLEGIANCE WAS GIVEN BY ALL IN ATTENDANCE.

PRAYER WAS GIVEN BY REV. LEON DAVIS, ASSOCIATE PASTOR OF THE FIRST NAZARENE 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                                           ABSENT

 

MAYOR SMALL INTRODUCED AND WELCOMED MARK KOGER AS THE NEW COUNCIL MEMBER.

MAYOR SMALL TOLD COUNCILMAN KOGER THAT HE WAS REPLACING A VERY DEAR LADY WHO OCCUPIED THAT SEAT FOR A LONG TIME AND WAS LOVED BY ALL.

 

MAYOR SMALL, WITH THE APPROVAL OF THE COUNCIL, CHANGED THE AGENDA FOR TONIGHT'S MEETING AND ALLOW WESTMINISTER HOUSE TO MAKE A PRESENTATION FOR A TAX ABATEMENT.

     COUNCILMAN REID MOVED TO APPROVE THE CHANGE IN THE AGENDA.  COUNCILADY GOODMAN: SECOND.  ROLL CALL VOTE: SIX VOTES AYE.   AGENDA CHANGED.

 

ATTORNEY JIM MILLIKAN, REPRESENTING WESTMINISTER HOUSE BOARD MEMBERS, APPEARED BEFORE THE COUNCIL, REQUESTING A TEN YEAR TAX ABATEMENT FOR THE BUILDING OF 20 SINGLE FAMILY HOMES IN THE BELMONT AREA.  ATTORNEY MILLIKAN SAID THERE WOULD BE A RESOLUTION COMING AT THE NEXT MEETING FOR THE TAX ABATEMENT AND ASKED FOR A PUBLIC HEARING BE SCHEDULED IMMEDIATELY BEFORE OR AFTER THE NEXT COUNCIL MEETING TO RECEIVE PUBLIC INPUT INTO DESIGNATING THE AREA OF BELMONT AS AN

ECONOMIC REVITALIZATION AREA.

     JEFF KUNDERT, DIRECTOR OF WESTMINISTER HOUSE, TOLD HOW THE CENTER HAS HELPED SO MANY FAMILIES WITH FOOD, CLOTHING, UTILITY ASSISTANCE, AND THOSE THAT NEEDED HELP.  HE SAID THE CENTER HAS GIVEN HOPE TO PEOPLE.  HE SAID THEY HAVE HELPED WITH THE REVITALIZATION OF THE CITY PARK CALLED LOWE PARK.  HE SAID WITH THE PARTNERSHIP OF THE CITY, THE CENTER WANTS TO TAKE ANOTHER STEP AND HELP FAMILIES HAVE OWNERSHIP OF THEIR OWN HOMES.  HE SAID THE HOMES WOULD BE RENT TO OWN ON A 15 YEAR PLAN.

     PRESIDENT YORK ASKED IF THEY ARE WORKING WITH LOCAL DEVELOPERS.

     MR. KUNDERT SAID FUNDING MUST BE FIRST.  THEY HAVE NOT MADE ANY MOVEMENT TOWARDS A DEVELOPER UNTIL THAT IS ACCOMPLISHED.

     COUNCILMAN REID ASKED WHAT PERCENTAGE OF THIS IS NEW CONSTRUCTION. 
     MR. KUNDERT SAID THEY HAVE 17 LOTS.  THERE ARE 2 THAT HAVE TRAILERS ON THEM AND THEY WILL BE MOVED.  11 HOMES HAVE BEEN DEMOLISHED.  BASICALLY, WE ARE DOING NEW DEVELOPMENT.  ALL THE HOMES HAVE BEEN ABANDONED OR HAVE BEEN IN THE TAX SALE.  ALL THE HOMES WERE BELOW STANDARDS OF LIVING WHEN WE PURCHASED THEM.  THE HOUSES WERE TORN DOWN AND NOW A VACANT LOT.

     COUNCILMAN REID ASKED IF ANY OF THIS TAX ABATEMENT WOULD BE USED AT FOSTER'S LANDING COMPLEX.

     MR. KUNDERT SAID ABSOLUTELY NOT.  THIS WILL BE USED IN THE BELMONT AREA ONLY.

     
PRESIDENT YORK STATED THAT DUE TO A CLERICAL ERROR, THE RESOLUTION FOR THE BUILDING INSPECTOR'S OFFICE NEEDS TO BE CORRECTED.

 

RESOLUTION:
TRANSFERRING FUNDS WITHIN A DEPARTMENT (BUILDING INSPECTOR'S OFFICE) FROM ONE CLASSIFICATION TO ANOTHER WAS READ IN FULL BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS RESOLUTION.  COUNCILMAN KIDD: SECOND

ROLL CALL VOTE: FIVE VOTES AYE.  ONE ABSTAIN (KOGER)    PASSED AND ORDERED

 

RESOLUTION:
TRANSFERRING FUNDS WITHIN A DEPARTMENT (CITY BUILDING) FROM ONE BUDGET CLASSIFICATION TO ANOTHER WAS READ BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS RESOLUTION.  COUNCILMAN KIDD: SECOND

ROLL CALL VOTE: FIVE VOTES AYE.  ONE ABSTAIN (KOGER).  PASSED AND ORDERED

 

RESOLUTION: 
AN APPROPRIATION RESOLUTION AUTHORIZING A REDUCTION IN APPROPRIATIONS FROM CERTAIN FUNDS WAS READ IN FULL BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS RESOLUTION.  COUNCILMAN KIDD: SECOND

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

 

ORDINANCE #3550
AN ORDINANCE ESTABLISHING FEES OR COSTS FOR THE USE OF PARK SHELTERS WAS READ BY SANDY YORK ON 2ND READING.

COUNCILMAN KIDD MOVED TO PASS THIS ORDINANCE.  NO SECOND.  FAILED LACK OF SECOND.

 

ORDINANCE #3552
AN ORDINANCE AMENDING TITLE VII, CHAPTER 74, SCHEDULE V OF THE NEW CASTLE CITY CODE BY REDUCING THE SPEED LIMIT ON SOUTH MAIN STREET AND "S" AVENUE WAS READ BY TITLE ONLY ON SECOND READING.

PRESIDENT YORK MOVED TO PASS THIS ORDINANCE.  COUNCILADY GOODMAN: SECOND

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

 

ORDINANCE #3553
AN ORDINANCE ESTABLISHING THE SALARIES OF ADMINISTRATIVE AND MANAGEMENT EMPLOYEES OF THE CITY OF NEW CASTLE, INDIANA, WAS READ BY TITLE ONLY ON THIRD READING AS CORRECTED BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS ORDINANCE.  COUNCILADY GOODMAN: SECOND

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

 

ORDINANCE #3554
AN ORDINANCE ESTABLISHING SALARIES FOR THE NEW CASTLE EMERGENCY FIRST AID UNIT EMPLOYEES WAS READ BY TITLE ONLY ON THIRD READING BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS ORDINANCE #3554.  COUNCILADY GOODMAN: SECOND

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

 

ORDINANCE #3555
AN ORDINANCE ESTABLISHING THE SALARIES OF THE CITY OF NEW CASTLE FIRE DEPARTMENT NON-POLICYMAKING EMPLOYEES WAS READ BY TITLE ONLY ON THIRD READING BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS ORDINANCE.  COUNCILADY GOODMAN: SECOND

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

 

ORDINANCE #3556
AN ORDINANCE ESTABLISHING THE WAGES OF THE NEW CASTLE POLICE DEPARTMENT NON-POLICYMAKING EMPLOYEES WAS READ BY TITLE ONLY ON THIRD READING BY SANDY YORK.

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

ROLL CALL VOTE: SIX VOTES AYE           PASSED AND ORDERED.

 

ORDINANCE #3557
AN ORDINANCE ESTABLISHING THE WAGES OF THE VARIOUS EMPLOYEES OF THE CITY OF NEW CASTLE, INDIANA, WAS READ ON THIRD READING BY TITLE ONLY BY SANDY YORK.

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

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

 

ORDINANCE #3559
AN ORDINANCE AMENDING NEW CASTLE CITY CODE TITLE VII, CHAPTER 74, SCHEDULE I BY CREATING A NEW THREE STOP WAS READ IN FULL ON FIRST READING BY SANDY YORK.

     POLICE CHIEF NICHOLSON SAID WITHIN THE LAST 14 DAYS 2 CITATIONS FOR SPEEDING.

ATTORNEY COPENHAVER SAID THAT TRAFFIC STOP SIGNS ARE NOT CONTROL SPEED.  TO AVOID ACCIDENTS, BY ALL MEANS YOU NEED THEM.

     PRESIDENT YORK SAID THAT SHE DID NOT KNOW IF THE TRAFFIC COMMITTEE HAD DONE ANY RESEARCH ON THIS OR NOT.  SHE WOULD NOT RECOMMEND A MOTION.

     COUNCILMAN KIDD MADE COMMENT ABOUT THE GENTLEMAN WHO WANTED THE STOP SIGN FOR SAFETY REASONS.  HE SAID IT IS A DANGEROUS CURVE AND ACCIDENTS HAVE HAPPENED BEFORE.

     COUNCILMAN KOGER SAID HE THOUGHT THE COUNCIL NEEDED MORE DISCUSSION AND MORE INPUT FROM THE POLICE OFFICERS. IT IS WAY TOO EARLY, AT THAT INTERSECTION.

     COUNCILMAN REID SAID IT IS A BAD PLACE FOR A STOP SIGN, RIGHT ON THE CURVE.  HE ASKED IF MAYBE METAL GUARDS COULD BE PUT UP ON BOTH SIDES OF THE ROAD.

     COUNCILADY GOODMAN MADE THE MOTION TO PASS ORDINANCE #3559.  NO SECOND.    FAILED DUE TO LACK OF SECOND.

 

ORDINANCE #3560
AN ORDINANCE FOR APPROPRIATIONS AND TAX RATES WAS READ BY TITLE ONLY ON SECOND READING BY SANDY YORK.

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

DISCUSSION:

COUNCILADY GOODMAN HAD SEVERAL QUESTIONS ABOUT THE BUDGET.  AFTER A LENGTHY DISCUSSION BY ALL COUNCIL MEMBERS ON SEVERAL LINE ITEMS OF THE BUDGET, THE DECISION WAS MADE THAT WHAT WAS CUT WOULD HAVE TO BE SATISFACTORY AND THE BUDGET WOULD BE PASSED AND THEN THE STATE WOULD CUT WHATEVER NEEDED TO BE.

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

 
PRESIDENT YORK MADE THE MOTION TO SUSPEND THE RULES AND READ ORDINANCE #3560 ON THIRD AND FINAL READING BY TITLE ONLY.  COUNCILMAN KIDD: SECOND
DISCUSSION: 
COUNCILMAN REID STATED THAT THIS YEAR WE HAVE A NEW COUNCIL AND ADMINISTRATION; HE WOULD GIVE EVERYONE A FREE PASS.  NEXT YEAR, HE DIDN'T EXPECT TO BE PUT INTO A POSITION WHERE HE HAS VOTES TWICE IN THE SAME NIGHT OR HE WILL VOTE NAY.  HE SAID HE WOULD VOTE AYE TONIGHT.

ROLL CALL VOTE:  SIX VOTES AYE.      RULES SUSPENDED

 

ORDINANCE #3560
AN ORDINANCE FOR APPROPRIATIONS AND TAX RATES WAS READ ON THIRD AND FINAL READING BY TITLE ONLY BY SANDY YORK.

RESIDENT YORK MOVED TO PASS ORDINANCE #3560 ON THIRD AND FINAL READING.

COUNCILMAN REID: SECOND.  ROLL CALL VOTE: SIX VOTES AYE.  PASSED AND ORDERED.

 

COMMITTEE REPORTS:

 

PRESIDENT YORK STATED ONE OF THE NEW SHRUBS THAT WERE PLANTED AT 15TH AND BROAD HAS BEEN UP ROOTED.

 

COUNCILADY GOODMAN ASKED ABOUT THE SIGNS THAT WERE TO GO UP ON AUDUBON, WEBSTER, ETC..  THE ORDINANCE WAS PASSED ON LOWERING THE SPEED.

 

COUNCILMAN REID THANKED EVERYBODY FOR BEARING WITH THE COUNCIL TONIGHT AS WE DISCUSSED THE BUDGET DATA.  HE SAID THANK YOU FOR THE FUND REPORT AND THE MAXIMUS REPORT.

 

MAYOR SMALL SAID THAT HE KNEW SEVERAL PEOPLE WERE IN THE AUDIENCE TO DISCUSS THE ELLIOTT CEMETERY.  EXCAVATION IS BEING DONE WITHIN 100 FEET ON THE BOUNDARY OF THE CEMETERY.  IT IS NOT PERMITTED BY INDIANA CODE.  IT IS POSSIBLE TO GET DNR TO MAKE AN EXCEPTION TO THE APPLICATION.  THE DEVELOPER DID MEET WITH THEM TODAY.  HE SAID IT IS NO CONCERN TO US.  WE ARE AWARE OF IT.

 

PUBLIC CONCERNS:
 
DANNY MARCUM, HE SAID IN HIS OPINION ONLY, HE WANTED TO ADDRESS COUNCILMAN REID FROM THE LAST MEETING.  HE SAID MR. REID SAID THERE WERE 28 FIREMEN OUT WALKING THE STREETS TRYING TO GET APPOINTED JOBS.  HE SAID HE WALKED THE STREETS WITH ALL OF THEM AND IT DID NOT HAPPEN.  NOT ONE ASKED FOR AN APPOINTED POSITION.  HE SAID IF ONE OF THESE FIREMEN PULLED UP IN FRONT OF YOUR HOUSE OR MINE, THEY WOULD PULL US OUT WITHOUT REGARD TO THEMSELVES.  HE SAID HE THOUGHT THERE WAS STILL A LOT OF ANIMOSITY OVER THE PASS ELECTION. NOW IS THE TIME TO LET THE LAST ELECTION GO. 

     COUNCILMAN REID SAID HIS POINT WAS WE THINK THERE SHOULD BE TWO APPOINTED POSITIONS IN THAT DEPARTMENT. 

     MR. MARCUM SAID YOU ALSO SAID THEY WALKED AND WANTED THE APPOINTED POSITIONS.

    COUNCILMAN REID SAID HE WOULD STAND BY THAT.

     MR. MARCUM SAID THAT IF ANYBODY HAS A LOT TO LOSE, IT'S YOU.  THEY PAID YOU OVER $173,000.00 IN THE PAST FOUR YEARS.  THAT IS PUBLIC RECORD.   THE FIREMEN DID NOT DO THAT.  DON'T KNOW WHERE YOU GOT YOUR INFORMATION, BUT IT'S WRONG.

     COUNCILMAN REID SAID THAT WHEN HE LOOKS OUT AND SEES GIANT BILLBOARDS IN THE BACK OF PICKUP TRUCKS AND WHAT HE THOUGHT WAS VERY DISHEARTENING WAS WHEN THE SAINT ANNE CHURCH FIRE, WHEN THE NEWS CAME TO THE PARKING LOT AND FOUR OR FIVE TRUCKS WITH BIG BILLBOARDS.

     MR. MARCUM SAID HE SAW TRASH TRUCKS WITH SIGNS ON THEM.

     COUNCILMAN REID SAID HE MAY HAVE STATED HIS COMMENT WRONG, AND IF HE DID, HE APOLOGIZED, BUT THE NUMBER OF APPOINTED POSITIONS IN THE FIRE DEPARTMENT IS INCONSISTENT WITH HOW THE REST OF THE CITY IS OPERATING AND THE NUMBER OF APPOINTED POSITIONS OPENS UP TO MUCH JOCKEYING FOR POSITIONS AT ELECTION TIME AND THAT WAS HIS ONLY POINT.

 

JOHN CARNES, REALTOR, CAUTIONED THE COUNCIL ABOUT A TAX ABATEMENT FOR WESTMINISTER HOUSE.  HE PRESENTED A TAX BILL OF $1,400.00 ON A PROPERTY CLOSE TO THE BELMONT AREA.   HE SAID HE HAS THE RIGHT TO TAKE HIS PROFIT AND LOSE FROM HIS PROFITS.  THIS WILL REDUCE THE AMOUNT OF TAXES I HAVE TO PAY.  THIS IS GOING TO HAPPEN IF WE TAKE 20 TENANTS OUT OF THE MARKET PLACE FOR INDIVIDUAL OWNERS.   HE SAID HE HAD ANOTHER PROPERTY THAT IS 5 BLOCKS FROM THIS AREA THAT HAS HAD NO TENANTS THIS LAST YEAR.  IT HAS THE SAME TYPE OF TAXES THAT THIS PROPERTY HAD.  THE TAX THIS YEAR WAS $438.00.  IF YOU THINK YOU ARE NOT GOING TO GIVE AWAY WHEN YOU TAKE 20 RENTERS OUT OF THE MARKET PLACE, YOU WILL TAKE A SMALL PORTION OF THE TAX DOLLARS THAT THE LANDLORDS ARE SPENDING IN THIS MARKET.  HE SAID TO NOTICE, THAT MR. KURNET WAS ASKING FOR A TAX ABATEMENT AND OTHER COMMITMENTS FROM THE CITY.  SECTION 42 HOUSING IS BASED ON SELLING TAX CREDITS.  HE SAID THAT IS HOW THEY MAKE THEIR MONEY.  THE INVESTORS PUT THEIR MONEY UP FRONT, BUILD A PROJECT, AND ADMINISTRATORS FOR 15 YEARS.  VERY FEW TENANTS LIVE IN A HOME FOR 15 YEARS. 

 

DISCUSSION ABOUT THE ASPHALT AT THE OSBORNE PARK WAS BROUGHT UP.  THE MATERIAL IS GOING TO BE USED AS A PROJECT FOR A TRAINING SITE.

 

WAYMAN ALLEN, SCHOOL CROSSING GUARD, APPEARED BEFORE THE COUNCIL TO ASK FOR FLARES AT HIS CROSSING.  HE SAID IT WAS DARK SOMETIMES WHEN THE KIDS CROSS AND HE NEEDED THEM.

 

PRESIDENT YORK MOVED FOR ADJOURNMENT.

COUNCILMAN KIDD:  SECOND.