COUNCIL MEETING
SEPTEMBER 8, 2009 7:00 P.M.
THE PLEDGE OF ALLEGIANCE WAS GIVEN BY ALL IN ATTENDANCE.
PRAYER WAS GIVEN BY PASTOR CHRIS GAMMELLO, SOUTH MEMORIAL CHURCH OF GOD.
MAYOR SMALL OPENED THE REGULAR MEETING OF THE COMMON COUNCIL.
ROLL CALL:
SANDY YORK PRESENT
ANGIE GOODMAN ABSENT
JAMES KIDD PRESENT
MARY MALONE PRESENT
MARK KOGER PRESENT
VAUGHN REID ABSENT
RICHARD HAHN PRESENT
ORDINANCE #3576-SALARY ORDINANCE FOR ELECTED OFFICIALS WAS READ ON SECOND READING BY TITLE ONLY BY SANDY YORK.
COUNCILMAN HAHN MADE THE MOTION TO CUT 10% FROM EACH COUNCIL PERSONS SALARY FOR 2010, TO HELP PAY BILLS.
ATTORNEY COPENHAVER SAID THAT IF THE COUNCIL WANTS TO REDUCE THEIR PAY BY 10%, THAT WOULD STAY IN THE GENERAL FUND AND GO TO WHEREVER IT IS BUDGETED. IF YOU WANT TO DONATE 10% BACK TO THE CITY, AS A TAX DEDUCTIBLE GIFT, AND EARMARK IT FOR A BILL OR A PURCHASE, YOU CAN ALSO DO THAT. THEN YOU WOULD MAKE A DONATION BACK TO THE CITY OF NEW CASTLE. YOU WOULD HAVE TO WRITE A CHECK.
COUNCILMAN KIDD SAID THE REDUCTION OF 10% ON A PAYCHECK WOULD BE MUCH EASIER.
PRESIDENT YORK ASKED IF THEY WERE TALKING ABOUT ALL ELECTED OFFICIALS OR JUST THE COUNCIL.
PRESIDENT HAHN SAID HE WAS TALKING ABOUT THE COUNCIL. ANYTHING ELSE WOULD BE UP TO THE MAYOR. HE SAID IT WAS TIME FOR THE COUNCIL MEMBERS TO STEP UP TO THE PLATE AND GIVE A DONATION OF 10%. WE NEED TO SHOW GOOD FAITH.
PRESIDENT YORK SAID SHE WAS GOING TO BE THE BAD PERSON AND WANTED THE REDUCTION TO BE FOR ALL ELECTED OFFICIALS.
PRESIDENT YORK MADE THE MOTION TO AMEND ORDINANCE #3576 AND ALL SALARIES FOR ELECTED OFFICIALS ARE GOING TO BE CUT 10% FOR 2010. COUNCILMAN HAHN: SECOND
MAYOR SMALL SAID THAT 1 YEAR AGO, HE SUGGESTED THAT HIS SALARY BE REDUCED BY THAT AMOUNT BUT IN DISCUSSION, IT WAS SETTING A PRECEDENT
WHICH WOULD NOT BE GOOD FOR WHOEVER HIS SUCCESSOR MIGHT BE. HE SAID HE WAS WILLING TO TAKE A REDUCTION.
PRESIDENT YORK SAID SHE WANTED THE RECORD TO SHOW THAT THERE HAD BEEN NO INCREASE IN PAY FOR ANYONE IN THE PAST FIVE YEARS. THIS WAS ELECTED OFFICIALS AND ALL OTHER CITY EMPLOYEES.
COUNCILMAN KIDD SAID THE COUNCIL WAS GOING TO HAVE TO MAKE TOUGH DECISIONS AND THIS IS A GOOD START.
MARY LOGAN, NORTH 18TH ST., THANKED THE COUNCIL FOR THE REDUCTION IN THE ELECTED OFFICIALS PAY.
ROLL CALL VOTE ON THE AMENDMENT TO ORDINANCE#3576. FIVE VOTES AYE.
ORDINANCE AMENDED.
ORDINANCE #3576-SALARY ORDINANCE FOR ELECTED OFFICIALS AS AMENDED WAS READ BY TITLE ONLY BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE AS AMENDED. COUNCILMAN HAHN: SECOND. ROLL CALL VOTE: FIVE VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3577-SALARY ORDINANCE FOR CLERK-TREASURERS OFFICE WAS READ IN FULL ON FIRST READING BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE. COUNCILMAN KIDD: SECOND
ROLL CALL VOTE; FIVE VOTES AYE. PASSED AND ORDERED.
ORDINANCE #3583-AN ORDINANCE AMENDING CHAPTER 95 OF TITLE 9 OF THE NEW CASTLE CITY CODE.
PRESIDENT YORK SAID THIS ORDINANCE WOULD HAVE BEEN READ TONIGHT ON FIRST READING BUT AN AMENDMENT WAS GIVEN TO THE COUNCIL FOR STUDY.
PRESIDENT YORK MOVED TO TABLE THIS ORDINANCE UNTIL THE NEXT COUNCIL MEETING.
COUNCILMAN KIDD: SECOND ROLL CALL VOTE: FIVE VOTES AYE. TABLED.
ORDINANCE #3584-AN ORDINANCE FOR APPROPRIATIONS AND TAX RATES WAS READ IN FULL ON FIRST READING BY SANDY YORK.
COUNCILMAN HAHN ASKED THE COUNCIL TO GO TO THE PLANNING COMMISSION AND THE POLICE MERIT BOARD. HE WANTED THE BUDGET FOR THESE TWO TO READ ZERO. THIS WOULD INCLUDE THE ZONING BOARD. THE SALARIES SHOULD BE OUT AND VOLUNTEERS WHO ARE DEDICATED TO THIS CITY BE PUT IN. IF SOMEONE COMES TO THE MAYOR AND SAYS HE DOESN'T WANT TO SERVE BECAUSE HE ISN'T GETTING PAID, THEN THE MAYOR THANK THAT PERSON FOR THEIR SERVICES AND LOOK FOR A REPLACEMENT. IF YOU CAN'T FIND A REPLACEMENT, THEN WE WON'T HAVE A PLANNING BOARD. THE MAYOR CAN RUN IT WITH HIS BOARD OF WORKS MEETING. IF WE DON'T MAKE A DECISION TODAY, WE WILL PAY FOR IT TOMORROW.
COUNCILMAN KOGER SAID THAT THE SALARIES ARE ONE THING BUT WE DO HAVE TO WORRY ABOUT SUPPLIES. IT WILL BE HARD TO CUT THEIR SUPPLY LINE, IF WE WANT THEM TO CONTINUE. THE SALARIES, HE AGREED WITH.
PRESIDENT YORK ASKED IF THEY WERE JUST CUTTING THE SALARY LINE.
COUNCILMAN KOGER SAID YES. THEY NEED OPERATING COSTS.
PLANNING COMMISSION SECRETARY ABRELL SAID THEY HAD TO HAVE THE SUPPLY LINE.
COUNCILMAN HAHN SAID JUST THE PERSONNEL SERVICES LINE WILL BE ELIMINATED.
ATTORNEY COPENHAVER ASKED IS IT YOUR INTENTION THAT THE PEOPLE THAT SERVE ON THE BOARDS, NOT GET PAID?
COUNCILMAN HAHN SAID YES.
ATTORNEY COPENHAVER SAID TO MAKE THE MOTION TO AMEND, DIRECTING THAT THE BUDGET FOR SECOND READING, BE SUBMITTED SHOWING THAT THERE IS NO PAY FOR THOSE PEOPLE ON THOSE BOARDS. WITH YOUR POLICE MERIT BOARD, BY STATE LAW, IF THEY DISCHARGE A POLICEMAN, THEY HAVE TO HAVE A HEARING OFFICER. THEY HAVE TO HAVE A TRANSCRIPT. THOSE ARE FEES THEY HAVE TO PAY. YOU DON'T WANT TO ELIMINATE THAT BECAUSE IF YOU DO, WELL YOU CAN'T BY STATE LAW. YOU MAY NOT HAVE THAT COST BUT YOU HAVE TO HAVE A LINE FOR IT AND MONEY BUDGETED. YOU MAY NOT SPEND IT AND IT WILL GO BACK TO THE GENERAL FUND. PEOPLE THAT WILL SERVE ON THESE BOARDS WILL DO SO AS VOLUNTEERS. HE SAID TO AMEND THE ORDINANCE, IT SHOULD SHOW THAT THE PEOPLE ON THESE BOARDS DO SO AS VOLUNTEERS AND NOT GET PAID. THEY CAN REFIGURE THOSE BUDGET LINES TO TAKE THAT OUT. THESE PEOPLE ARE BEING PAID FROM AN ORDINANCE THAT YOU HAVE ALREADY PASSED.
PRESIDENT YORK SAID THAT MS. ABRELL DOES GET PAID FOR BEING THE SECRETARY. DOES THAT STAY?
ATTORNEY COPENHAVER SAID THIS WILL BE ONLY FOR THE CITIZEN MEMBERS.
COUNCILMAN HAHN MOVED TO AMEND ORDINANCE # 3584 TO READ NO BOARD MEMBERS WILL BE PAID ON THE PLANNING/ZONING COMMISSION, AND POLICE MERIT BOARD.
PRESIDENT YORK: SECOND ROLL CALL VOTE: FIVE VOTES AYE. AMENDED.
MAYOR SMALL OPENED THE MEETING FOR A PUBLIC HEARING THAT WAS ADVERTISED IN THE NEWSPAPER WHICH IS A REQUIREMENT OF THE BUDGET PROCESS.
PRESIDENT YORK SAID WHAT THE COUNCIL IS DOING TONIGHT IS JUST THE BEGINNING.
COUNCILMAN KIDD SAID THERE WILL BE AMENDMENTS COMING IN THE NEXT TWO MEETINGS.
NORMA DISHMAN, 11TH ST., SAID AGREED WITH THE 10% CUT BUT THIS NEEDS TO GO BACK. SHE SAID SHE DIDN'T THINK OR BELIEVE THAT ANY MEMBER ON THE COUNCIL SHOULD GET MEDICAL AND HOSPITAL INSURANCE FROM THE CITY.
SHE ALSO SAID, PEOPLE RUNNING FOR OFFICE SHOULD NOT RUN JUST FOR THE PAY CHECK.
COUNCILMAN KIDD SAID THAT IT DIDN'T MAKE MUCH DIFFERENCE IF THE COUNCIL HAD INSURANCE OR NOT.
MAYOR SMALL ASKED CITY ACCOUNTANT CUPP ABOUT THE MEDICAL CLAIMS FOR LAST YEAR FOR THE COUNCIL.
MS. CUPP SAID AROUND FOUR THOUSAND.
COUNCILMAN KIDD SAID, BUT IT WOULD SAVE MONEY?
MS. CUPP SAID YES.
ATTORNEY COPENHAVER SAID THAT WAS NOT REALLY PART OF THE BUDGET. HE SAID THEY COULD DECIDE AT ANY TIME BETWEEN NOW AND THE END OF THE YEAR TO GET OFF OF IT.
EDDIE HAGER SAID HE APPRECIATED WHAT THE COUNCIL WAS DOING ABOUT THE HUGH ECONOMIC DOWNTURN IN OUR COMMUNITY. HE ASKED THE COUNCIL TO LOOK AT PRACTICES. THE UNLIMITED SICK DAYS AND OVERTIME IN THE FIRE DEPARTMENT. MONEY COULD BE SAVED THERE. THE COUNCIL NEEDS TO LOOK AT PRACTICES LIKE THAT, LOOK A LITTLE DEEPER THAN JUST THE BUDGET, LOOK AT SOME OF THOSE PRACTICES THAT ARE CONTRACTUAL. HE SAID IT WAS COMMENDABLE FOR THE COUNCIL AND THE ADMINISTRATION FOR THE CUTS THEY HAVE MADE BUT IT IS GOING TO GET WORSE. HE IS CONCERNED ABOUT THE TRUE NET ASSESSED VALUES FOR THE CITY OF NEW CASTLE, $300,000,000.00. HE AGAIN TOLD THE COUNCIL TO DEEP DEEPER TO SEE WHERE CUTS CAN BE MADE. HE SAID THE CITY EMPLOYEES DO A GOOD JOB BUT IT IS GOING TO HAVE TO BE DONE CHEAPER.
COUNCILMAN HAHN SAID HE THOUGHT ALL OF THE CITY EMPLOYEES WERE DOING A GREAT JOB. WE ARE A TEAM AND ALL ARE DOING A SUPER JOB.
COUNCILMAN KOGER SAID FOR THE RECORD, THERE ARE GOING TO BE SEVERAL OTHER AMENDMENTS TO
PRESIDENT YORK MOVED TO PASS THIS ORDINANCE AS AMENDED. COUNCILMAN HAHN: SECOND ROLL CALL VOTE; FIVE VOTES AYE. PASSED AND ORDERED AS AMENDED.
DR. KATHY HAMILTON AND HER DAUGHTER SARAH, APPEARED BEFORE THE COUNCIL TO INVITE EVERYONE TO COME TO A COMMISSIONERS MEETING, WEDNESDAY, SEPTEMBER 9TH, IN THE OLD COURT ROOM OF THE HENRY COUNTY COURTHOUSE AT 7:00 P.M. TO SHOW SUPPORT AGAINST THE ASPHALT PLANT THAT IS WANTING TO COME TO I-70 AND STATE ROAD 3. SHE SAID THE COUNTY PLANNING COMMISSION VOTED TO REZONE THE NE QUADRANT OF THIS AREA FROM AGRICULTURAL TO HEAVY INDUSTRIAL FOR THIS PLANT AND THE COMMISSIONERS WILL VOTE ON WEDNESDAY. LET'S HELP ONE AND ANOTHER TO STOP THIS FROM HAPPENING.
COUNCIL REPORTS:
PRESIDENT YORK WANTS TO SEE SOMETHING DONE WITH THE FUTURE PARK ON I AVE., ACROSS FROM METALDYNE.
MAYOR SMALL SAID THAT A GRANT HAS BEEN GOTTEN BUT NOT THE MONEY. HE SAID GRASS SEED IS GOING TO BE PLANTED UNTIL SOMETHING ELSE CAN BE DONE. THERE ARE SEVERAL INDUSTRIES LOOKING AT THE METALDYNE AND WE ARE SPEAKING TO THEM AND ASKING FOR HELP US OUT IF THEY WERE TO MOVE IN.
COUNCILMAN KIDD SAID TRAFFIC ISSUES ARE OVER WHELMING. ASKED ABOUT DENNIS HAMILTON A VOLUNTEER WITH HOPE INITIATIVE AND HAS VOLUNTEERED TO WORK IN THE BUILDING INSPECTORS OFFICE ON A PART TIME BASIS. HOPE INITIATIVE HAS FORMED A COMMITTEE TO COME UP WITH SOME IDEAS TO ADDRESS SOME OF THESE DILAPIDATED BUILDINGS. HE WOULD BE VERY VALUABLE IN THAT OFFICE. HE SAID THAT DR. HAMILTON HAS OFFERED HER SERVICES TO THE COUNCIL TO HELP THEM COME UP WITH A COMMON VISION.
DR. HAMILTON SAID THAT CAPTAINS ARE NEEDED IN EVERY NEIGHBORHOOD. SHE SAID THERE ARE 179 LEADERS HELPING IN THE CITY WITH EVERY KIND OF SERVICE TO ANYONE THAT NEEDS HELP.
COUNCILADY MALONE QUESTIONED ABOUT THE WALL IN FRONT OF THE SWIMMING POOL. THE WALL HAS BEEN TORN DOWN. WILL THAT BE FIXED BACK OR NOT.
MAYOR SMALL SAID NOT THIS YEAR BECAUSE OF FINANCES. INSURANCE FROM THE ACCIDENT WOULD COVER ABOUT ONE HALF THE COSTS TO FIX IT. IT WAS AN EXPENSE THAT HE DIDN'T WANT TO DO THIS YEAR. WE'LL LOOK AT OUR BUDGET NEXT YEAR TO SEE IF WE CAN DO IT. THE WHOLE WALL NEEDS TO BE REPAIRED. THAT IS WHY WE TOOK THE WHOLE THING AND WILL START FROM SCRATCH.
GREG YORK AGREED WITH WHAT MAYOR SMALL HAD SAID THAT THE WALL WAS CRUMBLING.
COUNCILMAN KOGER SAID HE HAD RECEIVED CALLS ABOUT WALKERS AND THEIR DOGS AT BAKER PARK. HE ASKED THAT SIGNS BE PUT UP STATING "CLEAN UP AFTER YOUR DOG."
ATTORNEY COPENHAVER SAID A COMPLAINT CAN BE FILED IF SOMEONE KNOWS WHO THE OWNER OF THE DOG IS AND THAT HE DIDN'T CLEAN UP AFTER THE DOG.
MAYOR SMALL SAID THE DOG PARK GROUND BREAKING WAS LAST FRIDAY AND WILL BE OPENED IN OCTOBER BUT IT WILL NOT TAKE CARE OF THIS PROBLEM WE ARE DISCUSSING.
COUNCILMAN KOGER ASKED ABOUT GARNER STREET. HAVE WE RESOLVED THE LAND ISSUE?
MAYOR SMALL SAID WE HAVE ACQUIRED ALL THE PROPERTIES BUT ONE. WE THOUGHT WE HAD A MAJOR PARCEL THROUGH THE TAXES AND THE COUNTY WAS GOING TO DEED IT OVER TO US BUT THE GENTLEMAN WHO OWNED THE PROPERTY PAID HIS TAXES AT THE LAST MINUTE.
ATTORNEY COPENHAVER SAID THAT THE BY-PASS SHOULD BE STARTED IN ABOUT 6 MONTHS. THE LAND ISSUE HAS TO BE RESOLVED FIRST.
COUNCILMAN HAHN SAID TALKING ABOUT THE CUTS IN THE BUDGET, IT IS FINE BUT IF WE ARE SPENDING IT ON SOMETHING ELSE WORTH WHILE. HE SAID THE $10,000.00 THAT WE SPENT ON THE RANDY NEAL CASE, THE JUDGE RULED AGAINST US AND WE LOST $10,000.00. THEN YOU WANT TO APPEAL IT AGAIN. IF WE DO APPEAL IT, ANOTHER $10,000.00. OR MORE.
ATTORNEY COPENHAVER SAID FIRST OF ALL, IF YOU WANT TO DISCUSS THIS PIECE OF LITIGATION, PENDING LITIGATION, IT SHOULD BE IN EXECUTIVE SESSION. IT IS PERMISSIBLE THERE. HE SAID KEEP IN MIND, THE CITY WAS SUED BY MR. NEAL AND THE CITY RESPONDED. THERE WAS MANY PEOPLE THAT DEMANDED THE CITY TO TAKE THAT POSITION. THERE WERE A LOT OF TAX PAYERS WHO WERE CONCERNED WITH THAT. HE SAID THE JUDGE DECIDED THE
CASE BASED UPON WHAT HE THOUGHT WAS BEST AND RIGHT. IF YOU WANT TO HEAR MORE ABOUT THIS, TALK MORE ABOUT IT, WE SHOULD SET AN EXECUTIVE SESSION.
COUNCILMAN HAHN MADE COMMENT ABOUT THE LOIT AND LAYOFFS THIS YEAR.
MAYOR SMALL SAID THERE WOULD BE NO LAYOFFS DUE TO A SLIGHT SURPLUS.
THAT CAN CHANGE OVER NIGHT, BUT AT THIS TIME, WE DO NOT EXPECT TO LAY OFF IN THE EMERGENCY SERVICES.
MARY LOGAN SUGGESTED THAT BEFORE THEY PLANT GRASS IN THE MAXWELL PARK, CONTACT THE MASTER GARDNER AT THE ARTS PARK.
SUSIE THOMPSON, VISITORS BUREAU, INVITED EVERYONE TO THE SPORTSPARK AT 6:00 P.M. WE ARE HAVING A CELEBRATION FOR TONY HOARD AND RORY. WE ARE VERY PROUD OF THEM FOR BEING ON AMERICA HAS TALENT.
ATTORNEY TONY SAUNDERS, REPRESENTATIVE OF RANDY NEAL, SAID HE WANTED TO CLEAR ONE THING UP. HE SAID THEY ONLY SUED THE CITY BECAUSE THEY MADE A PRESENTATION TO THE BOARD OF WORKS. WE WERE TOLD BY THE CITY THAT THEY WOULD NOT ACCEPT OUR PRESENTATION. ONLY AFTER THE CITY REJECTED OUR ATTEMPTS TO RESOLVE THIS, WE WERE FORCED TO ENGAGE IN LITIGATION. WE DIDN'T LOOK FOR THIS FIGHT. IT WAS SOMETHING WE HAD TO DO.
NORMA DISHMAN DISCUSSED HAVE A JOINT STRATEGIC PLAN BETWEEN THE CITY AND THE COUNTY. SHE DISCUSSED THE ASPHALT PLANT AT 70 AND 3 AND REMARKED WHAT WILL THAT LAND BE IN 20 YEARS. SHE FELT IT WAS THE CITY'S OBLIGATION TO LET THE COMMISSIONERS KNOW WE DON'T WANT THIS. SHE SAID THIS WOULD ONLY FINANCIALLY BENEFIT MR. PIERCE WHO OWNS THE PROPERTY.
MAYOR SMALL SAID THAT HE AND MS. DAVIS WERE EMPLOYEES OF THE EDC AT THE TIME THAT THE STUDY WAS MADE AND THE RECOMMENDATION OF WHAT WOULD BE DONE IN DIFFERENT PARTS OF HENRY COUNTY. DOWN AT THE INTERCHANGE, THE AREA WAS RECOMMENDED FOR INDUSTRY, NOT HEAVY INDUSTRY. HE SAID POSSIBLY RESEARCH OR PARKS. HE SAID HE WAS HOPING FOR A HOTEL OR APARTMENT COMPLEX AROUND THE LAKE. HE DIDN'T THINK THAT AREA WAS MEANT FOR HEAVY INDUSTRY.
MRS. DISHMAN WAS AFRAID OF THE WATER POLLUTION FROM THE RUN OFF FROM THE PLANT. WE NEED A LOT OF SUPPORT AT THIS COMMISSIONERS MEETING.
EDDIE HAGER, SAID WITH THIS PLANT, OUR CITY IS UNDER ATTACK. WE DON'T HAVE SET RULES. CERTAIN ACTIVITIES ARE ALLOWED IN CERTAIN INDUSTRIES. IF WE DON'T HAVE PLANS IN ALL OUR BOARDS, THEY WILL BE UNDER ATTACK. HE SAID THE COUNTY COUNCIL PASS A RESTRICTION ON BILLBOARDS FOR OUR COUNTY. THEY GAVE IT A ONE YEAR TO TAKE EFFECT, WHICH WAS A HUGH MISTAKE. AS SOON AS THEY PUT THOSE RESTRICTIONS ON, THEN ONE YEAR TO TAKE EFFECT, THERE WERE THIRTY SEVEN BILLBOARDS BUILT ON STATE ROAD 3, IN OUR TOWN. NOT OUT IN THE COUNTY, IN THE CITY OF NEW CASTLE. NOW DOUBLE STACKING. HE SAID A PLAN MUST BE DONE BY THE CITY AND COUNTY.
PRESIDENT YORK MOVED FOR ADJOURNMENT.
COUNCILMAN KIDD: SECOND.
