COMMON COUNCIL
MARCH 16, 2009 7:00 P.M.
THE PLEDGE OF ALLEGIANCE WAS GIVEN BY ALL IN ATTENDANCE.
PRAYER WAS GIVEN BY ERIC HALER, NEW COVENANT CHURCH.
MAYOR SMALL ASKED FOR A MOMENT OF SILENT PRAYER FOR BOBBY GOODWIN, A FORMER COUNCILMAN, WHO PASSED AWAY MARCH 15TH.
ROLL CALL:
SANDY YORK PRESENT
ANGIE GOODMAN PRESENT
JAMES KIDD PRESENT
MARY MALONE PRESENT
MARK KOGER PRESENT
VAUGHN REID PRESENT
RICHARD HAHN PRESENT
RESOLUTION
A RESOLUTION REQUESTING FEDERAL ACTION TO LIMIT THE STORAGE OF RAIL CARS IN OR ADJACENT TO URBANIZED RESIDENTIAL AREAS WAS READ IN FULL BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS RESOLUTION. COUNCILMAN JAMES KIDD: SECOND.
DISCUSSION: THE COUNCIL APPROVED A RESOLUTION, REQUESTING THE FEDERAL GOVERNMENT TO CREATE LEGISLATION TO FORCE THE RAILROAD COMPANY TO MOVE TRAIN CARS THAT HAVE SAT IN NEW CASTLE NEIGHBORHOODS FOR OVER A YEAR.
TERRY HAYNES, FORMER POLICE OFFICER, PRESENTED A PICTURE TO EACH COUNCILPERSON SHOWING THE VULGAR GRAFFITI THAT HAS BEEN PAINTED ON THE TRAIN CARS ON CHERRYWOOD AVENUE. HE SAID HIS CHILDREN SEE THIS ON A DAILY BASIS AND HE WAS VERY UPSET. HE SUGGESTED THAT THE CITY LOOK INTO THE STATE STATUTE THAT STATES WHEN IT COMES TO GRAFFITI, THE OWNER IS RESPONSIBLE FOR THE REMOVING OF IT. MOVE THE CARS OR PAINT THEM. THE OWNERS COULD BE HELD ON FELONY CHARGES AND GO TO JAIL. IT WILL GET SOMEBODY'S ATTENTION.
MAYOR SMALL SAID THEY WERE AWARE OF THE PROBLEM AND WHAT TO DO. HE SAID THEY ARE FINDING OUT, FOR SURE, WHO IS THE OWNER OF EACH CAR. WHEN WE KNOW THAT, THEN WE CAN TAKE ACTION.
COUNCILMAN KOGER SUGGESTED THAT A GRAFFITI ORDINANCE BE ESTABLISHED.
ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
RESOLUTION:
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A GRANT UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) WAS READ IN FULL BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS RESOLUTION. COUNCILMAN HAHN: SECOND.
DISCUSSION: TRANSPORTATION MANAGER DEBORAH THORNHILL ANNOUNCED THAT SHE HAD RECEIVED $405,440. FOR THE REHABILITATION OF THE TRANSIT DEPARTMENT. SHE SAID SHE HAD APPLIED FOR $375,000. AND RECEIVED $405,440. THIS WAS FROM THE STIMULUS PROGRAM. MRS. THORNHILL STATED THE REHABILITATION THAT WILL BE DONE.
4 BUSES, PARKING LOT REPAIR, 6 HEATERS FOR THE GARAGE AREA, HEATING AND AIR CONDITIONING IN THE OFFICE AREA, A BACK-UP GENERATOR SYSTEM, A CITY CAR, 3 WINDOWS IN THE OFFICE, A COLOR LASER PRINTER/FAX/SCANNER COMBO, 6 ON-BOARD SECURITY CAMERAS, SECURITY SYSTEM FOR THE TRANSIT BUILDING, VEHICLE REFRIGERANT RECYCLING / RECLAIMER, RECYCLE GUARD SEALANT, DYE & LUBRICANT SEPARATOR & FILTER, 30 LIGHTING FIXTURES IN GARAGE AREA, GARAGE EXHAUST FAN, TIME CLOCK, LAPTOP AND WATER FOUNTAIN.
ROLL CALL VOTE: SEVEN VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3565
AN ORDINANCE ESTABLISHING A CONSERVATION DISTRICT IN THE CITY OF NEW CASTLE WAS READ BY TITLE ONLY ON THIRD READING BY SANDY YORK.
PRESIDENT YORK STATED SHE WISHED TO MAKE AN AMENDMENT TO THIS ORDINANCE. SHE SAID THERE HAD BEEN QUESTIONS ABOUT A TIME FRAME ISSUES. SHE SAID SHE WANTED THE AMENDMENT TO READ: IN NO EVENT SHALL THIS CONSERVATION DISTRICT BECOME A HISTORIC DISTRICT, AS DEFINED IN TITLE 15 OF THE NEW CASTLE CITY CODE WITHOUT FURTHER APPROVAL BY THIS COUNCIL.
COUNCILMAN REID ASKED PRESIDENT YORK TO ADD: IN NO INSTANCE WOULD THIS CONSERVATION DISTRICT ENACT THE SECOND PHASE OF THE CONSERVATION DISTRICT AS A LUCID AND CITY CODE , TITLE 15,CHAPTER 155.04, SECTION B.
PRESIDENT YORK SAID THAT WAS AN OVERALL VIEW OF WHAT SHE HAD SAID.
COUNCILMAN REID SAID IT WASN'T CLEAR FROM THE LEGISLATION THAT IS WRITTEN WHETHER THAT SECOND PHASE IS ACTUALLY A CONSERVATION. PART OF A CONSERVATION DISTRICT, A HISTORICAL DISTRICT, BECAUSE THERE IS A LITTLE BIT OF AMBIGUITY IN THERE.
PRESIDENT YORK ASKED IF COUNCILMAN REID WANTED SECTION 155 ADDED
TO BASICALLY WHAT I SAID?
COUNCILMAN REID SAID YES. HE SAID THAT IT WOULD NOT IMPLEMENT THE SECOND PHASE OF A CONSERVATION DISTRICT WITHOUT COUNCIL APPROVAL.
COUNCILMAN REID ASKED THAT THIS STATEMENT BE ADDED. "FURTHERMORE, THIS CONSERVATION DISTRICT SHALL REMAIN IN THE FIRST PHASE OF A CONSERVATION DISTRICT IN THE NEW CASTLE CITY CODE OF ORDINANCES, TITLE 15, CHAPTER 155.04, SECTION B, AND SHALL NOT MOVE TO THE SECOND PHASE OF A CONSERVATION DISTRICT DESCRIBED IN THE NEW CASTLE CITY CODE OF ORDINANCES, TITLE 15, CHAPTER 155.04, SECTION B.
PRESIDENT YORK MOVED TO AMEND ORDINANCE #3565 AND READ ON THIRD READING AS AMENDED. COUNCILMAN REID: SECOND ROLL CALL VOTE: SEVEN VOTES AYE. AMENDED.
PRESIDENT YORK MOVED TO PASS ORDINANCE #3565 ON THIRD AND FINAL READING AS AMENDED. COUNCILADY GOODMAN: SECOND. ROLL CALL VOTE: SIX VOTES AYE. ONE VOTE NAY(REID). PASSED AND ORDERED.
ORDINANCE #3566
AN ORDINANCE OF THE CITY OF NEW CASTLE AUTHORIZING THE ISSUANCE OF GENERAL REVENUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF ROAD IMPROVEMENTS, FUNDING A DEBT SERVICE RESERVE FOR SAID BONDS, AND FUNDING THE PAYMENT OF A CITY DEBT, PROVIDING FOR THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID BONDS, OTHER MATTERS CONNECTED THEREWITH AND REPEALING ORDINANCES INCONSISTENT HEREWITH.
PRESIDENT YORK SAID AT THE REQUEST OF THE MAYOR, SHE WAS MAKING THE MOTION TO TABLE ORDINANCE #3566 UNTIL THE NEXT MEETING. COUNCILADY GOODMAN: SECOND.
DISCUSSION: MAYOR SMALL SAID THAT THE REASON FOR BECAUSE THE ECONOMIC EFFORTS OF THE EASTSIDE BY-PASS, IS VERY CRITICAL. WE LOOSE A MONTH OR A YEAR, WE STAND THE CHANCE OF LOOSING SOME INDUSTRY. IT WAS BROUGHT UP AT THE LAST MEETING THAT THE FUNDING WAS THERE AND WE WOULD NOT HAVE TO GO THE FULL AMOUNT. WE HAVE LOOKED AT THE FIGURES AND WE THINK, IF WE DO NOT GET THE FULL AMOUNT, WHAT WE ORIGINALLY ASKED FOR, WE ARE GOING TO SHORT CHANGE SOMETHING VERY SERIOUSLY WITHIN THE CITY, SUCH AS THE CCD FUND, WE WOULD HAVE TO USE ALL THE CCD FUND, NOT ONLY THIS YEAR, THE NEXT YEAR. CCD IS USED FOR BUYING PACKERS FOR THE STREET DEPARTMENT, POLICE CARS, DEMOLISH AND PAVING. WE WOULD PROBABLY GET INTO THE LRS FUNDS THAT ARE USED FOR PAVING AND SALT.
MAYOR SMALL SAID, MR. REID, YOU FEEL YOU HAVE THE FIGURES AND WE CAN DO THIS WITHOUT ASKING TO BOND BOTH PROJECTS. HE ASKED COUNCILMAN REID TO MEET WITH THE CITY ACCOUNTANT AND WITH THEM AND THEY WOULD DISCUSS THOSE FIGURES. WE HOPE YOU ARE RIGHT AND IF WE CAN DO IT THIS AWAY BUT WE DO WANT TO MEET WITH YOU.
COUNCILMAN REID SAID OK.
COUNCILMAN KIDD SAID HE THOUGHT THAT THEY WERE GOING TO USE THE CCD FUNDS AND MAKE HALF THE PAYMENTS OUT OF LRS FUNDS. THE OTHER HALF OF LRS FUNDS TO BE USED BY THE STREET DEPARTMENT.
MAYOR SMALL SAID THEY BELIEVE THAT WE USE ALL THE AMOUNTS STILL AVAILABLE IN 2009, PLUS THE AMOUNT AVAILABLE IN 2010. BUT WE WILL STILL BE $94,000.00 SHORT.
MAYOR SMALL SAID MR. REID SEEMS TO HAVE ALL THE ANSWERS AND WE WANT TO SIT DOWN AND SEE WHAT THOSE ANSWERS ARE.
ATTORNEY COPENHAVER SAID IT ISN'T HOW TO PAY THE BONDS BACK, BUT ON THE CONSTRUCTION COSTS.
COUNCILMAN REID SAID THAT IT HAD BEEN ESTABLISHED PRETTY CLEARLY AT THE LAST MEETING, THE CITY HAS THE MONEY TO DO THE GARNER STREET PROJECT AND THERE WAS ALWAYS THE OPTION TO COME BACK AND ASK FOR SECOND ROUND OF BONDS, DEPENDING ON WHAT HAPPENS AT THAT POINT AND TIME. HE SAID, IF YOU REMEMBER CORRECTLY MR. MAYOR, THAT AMENDMENT PASSED FOUR TO THREE, IF I'M NOT MISTAKEN. SO, IT WAS MORE THAN MR. REID. HE SAID RATHER THAN HIM MEETING WITH THEM IN PRIVATE, IT WOULD BE MORE APPROPRIATE IF WE HAD THIS DISCUSSION IN PUBLIC, WITH THE CITY ACCOUNTANT AT THE NEXT COUNCIL MEETING OR PERHAPS HAVE A SPECIAL MEETING TO DO WITH THAT.
MAYOR SMALL SAID HE WAS ASKING THE COUNCIL PERSONS WHO VOTED NAY, TO CHECK WITH YOU SO YOU CAN REPRESENT THEM. THIS IS SOMETHING WE NEED TO DO IN OUR OFFICE, WITH OUR ACCOUNTANT.
COUNCILMAN REID ASKED IF THERE WAS PRIVATE INFORMATION, NOT PUBLIC INFORMATION, THAT YOU PLAN ON DISSEMINATING, CAUSE IF NOT, HE PREFERRED TO HAVE IT IN OPEN SESSION.
MAYOR SMALL SAID WE CAN'T NICKEL AND DIME EVERYTHING WE DO. YOU SEEM TO HAVE THE ANSWERS, SHOULDN'T TAKE LONG FOR YOU TO EXPLAIN THEM TO US. WE WILL COME TO THE NEXT COUNCIL MEETING AND YOU CAN EXPLAIN IT TO THEM.
COUNCILMAN REID SAID HE KNEW THAT MAYOR SMALL DID NOT APPRECIATE THE FACT THAT I DON'T FOLLOW ALONG AND GO ALONG WITH EVERYTHING YOU SAY, BUT IT IS MAY JOB AS A CITY COUNCILMAN. RATHER THAN YOU TAKE A SHOT AT ME, HE SAID HE WOULD APPRECIATE IT IF THEY COULD MEET IN OPEN SESSION. IF YOU DON'T HAVE ANYTHING TO HIDE, LET'S HAVE A SPECIAL SESSION WITH COUNCIL AND INVITE THE PUBLIC AND HAVE THIS DISCUSSION IN THE OPEN WHERE IT BELONGS.
MAYOR SMALL THAT HE APPRECIATED COUNCILMAN REID'S THOROUGHNESS AND WANTED TO HEAR WHAT HE HAD TO SAY. HE SAID HE THOUGHT IT WOULD WORK OUT MUCH BETTER IF MET WITH COUNCIL DURING WORKING HOURS.
COUNCILMAN REID SAID YOUR ACCOUNTANT IS HERE NOW.
MAYOR SMALL SAID TO COUNCILMAN REID, ARE YOU GRANDSTANDING?
COUNCILMAN REID SAID NO, BUT IT SURE LOOKS LIKE YOU ARE SIR.
MAYOR SMALL SAID, NO, WE WANT TO GET THIS DONE.
PRESIDENT YORK CALLED FOR VOTE.
ROLL CALL VOTE: SIX VOTES AYE. ONE VOTE NAY (REID) TABLED.
ORDINANCE #3567
AN AMENDED ORDINANCE OF THE CITY OF NEW CASTLE APPROPRIATING THE PROCEEDS OF THE GENERAL REVENUE BONDS .
PRESIDENT YORK MOVED TO TABLE THIS ORDINANCE UNTIL THE NEXT MEETING. COUNCILADY GOODMAN: SECOND
ROLL CALL VOTE: SIX VOTE AYE ONE VOTE NAY(REID) TABLED.
COMMITTEE REPORTS:
PRESIDENT YORK SAID SHE WOULD LIKE TO SEE THE SPECIAL ISSUES COMMITTEE BE ASSIGNED TO A GRAFFITI ORDINANCE.
ATTORNEY COPENHAVER SAID YOU WILL HAVE TO BE VERY CAREFUL HOW YOU WORD THE ORDINANCE BECAUSE THAT IS A FORM OF PUBLIC EXPRESSION.
COUNCILMAN KIDD HAD A DISCUSSION OF ARRESTS AND PROSECUTION PERTAINING TO THE RAILROAD CARS,
COUNCILMAN KOGER SAID HE WOULD ENCOURAGE AND RECOMMENDED A RESOLUTION ON THE NEXT CITY COUNCIL AGENDA TO SUPPORT MOVING FORWARD WITH THE DOWNTOWN PLANNING GRANT OFFERED THROUGH OKRA, THE OFFICE OF COMMUNITY AND RURAL AFFAIRS. THE NEW CASTLE REDEVELOPMENT COMMISSION HAS COMMITTED TO MATCHING FUNDS FOR THE GRANT, EVENT IT IS AWARDED.
COUNCILMAN REID SAID HE HAD CONTACTED INDOT BECAUSE HE NOTICED THE LINES BETWEEN INDIANA AVE. AND GRAND AVE. ON 18TH STREET, THEY PUT A BIG TURN LANE DOWN THE MIDDLE AND IT ELIMINATED PARKING ON EITHER SIDE. INDOT WILL CHECK.
MAYOR SUGGESTED THAT THE PROBLEM BE GIVEN TO DIRECTOR ENGLAND WHO MEETS WITH INDOT ON A WEEKLY BASIS
COUNCILMAN HAHN MOVED FOR ADJOURNMENT.
PRESIDENT YORK: SECOND
