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City Council Meeting Minutes - 3/7/2011

COMMON COUNCIL 

MARCH 7, 2011                       7:00 P.M.

 

THE PLEDGE OF ALLEGIANCE WAS GIVEN BY EVERYONE IN ATTENDANCE.

PRAYER WAS GIVEN BY PASTOR BRYAN HISLE, TRINITY FULL GOSPEL TABERNACLE. 

MAYOR SMALL OPENED THE 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

 

MINUTES WERE APPROVED AS PRESENTED.

 

MAYOR SMALL READ A PROCLAMATION, DISABILITIES  AWARENESS  MONTH.

MAYOR SMALL PROCLAIMED THE MONTH OF MARCH, 2011, AS DISABILITIES AWARENESS MONTH.

 

PRESIDENT YORK MADE A MOTION TO APPOINT HELEN GORMAN TO THE BOARD OF THE HENRY COUNTY CONVENTION AND VISITORS BUREAU.  SHE SAID THE TERM WOULD BE FROM JANUARY 1, 2011 TO DECEMBER 31, 2013.   COUNCILMAN HAHN: SECOND

     DISCUSSION: CAROLE GOODWIN, 241 WEST RILEY ROAD,  SAID SHE HAD WORKED WITH MS. GORMAN AND SHE THOUGHT MS. GORMAN WOULD BE AN EXCELLENT MEMBER TO THE BOARD.

ROLL CALL VOTE: SEVEN VOTES AYE.          APPOINTED.

 

RESOLUTION: 
AUTHORIZING APPLICATION SUBMISSION AND LOCAL MATCH COMMITMENT WAS READ IN FULL BY SANDY YORK.

 

DIRECTOR JEANA DAVIS EXPLAINED WHAT THE RESOLUTION APPLICATION MEANT.  SHE SAID THERE WASN'T A TOTAL AT THE PRESENT TIME BECAUSE THE TOTAL COULD CONTINUE TO GROW.  SHE SAID THEY WERE ASKING FOR THE COUNCIL TO SIGN THE SIGNATURE SHEET AND THE TOTAL WOULD COME LATER.  SHE SAID THE REDEVELOPMENT COMMISSION HAS COMMITTED $35,000.00.  SHE SAID THEY HAD 8 COMMITMENT LETTERS FROM BUILDING OWNERS. 

     GREG BEUMER, BEUMEER CONSULTING, SAID THEY WERE ASSISTING MS. DAVIS IN PREPARING THE APPLICATION.  POINTS ARE DERIVED IN THIS APPLICATION BASED ON THE AMOUNT OF THE CAPITAL YOU ARE ABLE TO RAISE.  TODAY, WE RECEIVED  $105,000.00 PLUS DOLLARS.  AS THAT AMOUNT GROWS TO OUR DUE DATE WHICH IS A WEEK FROM FRIDAY, MARCH 18TH, HE SAID THEY WERE ASKING FOR THE CONSIDERATION OF A RESOLUTION FOR THE 2 FIXED AMOUNTS, THE AMOUNT FROM THE REDEVELOPMENT COMMISSION AND COMMITMENT FROM THE BUILDING OWNERS, ALLOWING US THE LEAD WAY TO EXCEPT THOSE PHILANTHROPIC CONTRIBUTIONS AND DONATIONS FROM THE PUBLIC.  SO BY THE TIME WE GET TO THE APPLICATION DATE, WE CAN MAXIMIZE OUR RESOLUTION, OUR LOCAL MATCH DOLLAR COMMITMENT WHICH COULD INCREASE OUR POINT TOTAL. HE SAID THE RESOLUTION COULD BE PASSED ON THE FIXED AMOUNT THAT THEY KNOW THEY HAVE AS OF THIS EVENING. 

     PRESIDENT YORK SAID SHOULD WE NOT GET THOSE MATCHES, THE CITY IS NOT OBLIGATED IN ANY WAY, AM I CORRECT?

     MR. BEUMER SAID THAT WAS CORRECT.  ALL THESE LOCAL MATCHING DOLLARS ARE CONTINGENT UPON THE AWARD OF GRANT AND EVEN IF ALL THE DOLLARS FROM THE GRANT ARE NOT USED, THE CITY IS AT NO RISK IN THIS PROPOSITION.

     COUNCILMAN REID SAID WHAT SPECIFICALLY IS WHAT THIS GRANT IS GOING TO BE USED FOR?

     MR. BEUMER SAID IT WAS FOR DOWNTOWN BUILDING REVITALIZATION.

     DIRECTOR DAVIS SAID THE BUILDING OWNERS WOULD MATCH 6%.  EIGHT BUILDING OWNERS HAVE ELECTED TO PARTICIPATE IN THIS GRANT.  THIS GRANT IS FOR THE DOWNTOWN FAÇADE REVITALIZATION.  SHE TOLD THE COUNCIL THAT IF THEY CHOOSE TO SIGN THE RESOLUTION WITH THE EXACT FIGURE WE HAVE TODAY, AND NOT INCLUDE THE ONE HUNDRED AND FIVE THAT WE NO WE WILL GET TOMORROW, WE WILL KNOWINGLY BE LEAVING 5 POINTS ON THE TABLE THAT WE WILL NOT GET TOWARDS THIS GRANT.

      COUNCILMAN REID SAID HE PREFERRED THE OPEN ENDED IF IT SPECIFIES THAT NO ADDITIONAL LOCAL MATCH WOULD COME FROM ANY CITY BUDGET. 

      ATTORNEY COPENHAVER SAID THAT ALL THE MONEY IS GOING FROM EITHER FUNDS THAT ARE DEDICATED TO DOWNTOWN WHICH IS THE R D C, FROM BUILDING OWNERS WHO WILL CONTRIBUTE AND FROM PEOPLE WHO DONATES.

      COUNCILMAN REID ASKED WHAT IF A BUSINESS OWNER CONTRIBUTES $20,000.00.  WHAT KIND OF A RETURN WILL THEY GET ON THEIR INVESTMENT?   ARE THEY GETTING $200,000.00 BACK?

      DIRECTOR DAVIS SAID FOR EVERY GRANT DOLLAR WE GET THEY ARE CONTRIBUTING 6 CENTS, SO SIX CENTS ON THE DOLLAR.  THERE WAS A SERIOUS LOOK AT THE AGREEMENT SINCE FOR SEVEN YEARS NOTHING CAN BE CHANGED UNLESS A DISASTER.  THEY ALSO HAD TO PROVIDE A LETTER OF UNDERSTANDING OF THEIR 4% COMMITMENT.  THAT WILL COME ONCE WE ARE AWARDED THE GRANT.  THEY ARE BEING ASKED TO CONTRIBUTE 2% RIGHT AWAY.  THE CHAMBER OF COMMERCE HAS GOTTEN US CERTIFIED AS A MAIN STREET PROGRAM AND THEY ARE ACCEPTING THE RESPONSIBILITY OF THE MAIN STREET PROGRAM FOR OUR COMMUNITY.

 

PRESIDENT YORK MADE THE MOTION TO ACCEPT THIS RESOLUTION.   COUNCILADY GOODMAN: SECOND

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

 

MAYOR SMALL SAID TO THE COUNCIL THAT THEY HAD RECEIVED A LETTER ALONG WITH THIS RESOLUTION; HE HAD MENTIONED THAT THEY WERE COMPETING FOR THE STELLAR COMMUNITIES GRANT.  UNFORTUNATELY, WE FOUND OUT THIS AFTERNOON THAT WE DID NOT GET IT.  OUT OF 42, WE DID GET IN THE TOP 12 BUT THE GRANT WENT TO GREEN CASTLE, INDIANA, AND NORTH VERNON, INDIANA.  THEY BOTH HAD PRESSING NEEDS.  NORTH VERNON IN PARTICULAR, FROM AN ECONOMIC POINT OF VIEW AND GREEN CASTLE, TEAMED UP WITH DEPAUL UNIVERSITY FOR THEIR MATCH.  HE SAID THEY HAD TALKED WITH ONE OF THE LEADING MEN AT THE DEPARTMENT OF TRANSPORTATION AND HE WAS VERY IMPRESSED WITH OUR APPLICATION WITH SIDEWALKS TO SCHOOLS AND THE STREET SKATE PROGRAM.  HE SAID HE WOULD WORK WITH US TO GET THAT MONEY.  NO PROMISE.  WE HAVE A CHAMPION WITH INDOT THAT IS WANTING TO HELP US WITH THAT.  THEY WERE ALSO IMPRESSED WITH THE PROPOSAL THAT WE HAD FOR THE SENIOR CENTER,

TO MATCH IT UP WITH CRADLES, A CHILD DAY CARE CENTER.  WE DIDN'T GET THAT FUNDING EITHER.  THERE MIGHT BE HOPE THERE.  WE ARE TRYING FOR THE BRICKS/MORTAR ASPECTS.  THERE ARE OTHER GRANTS IN THAT STELLAR GRANT AND JEANA WILL PURSUE THEM.  NOT ALL IS LOST.  IN FACT WE ARE UP NOW DOING ALL THE WORK ON THE STELLAR GRANT.  HE SAID HE HOPED THE NEXT YEAR'S MAYOR WILL BE SUPPORTIVE OF THIS TYPE OF PROJECT.

      DIRECTOR DAVIS SAID SHE FELT SO BLESSED.  SHE TOLD OF HER SON, WHOM LOVES TO PLAY BASKETBALL BUT DIDN'T MAKE THE TEAM THIS YEAR.  SHE SAID IT BROKE HER HEART BECAUSE HE HAD WORKED SO HARD.   HE SAID IT IS NOT A BIG DEAL; I'LL TRY AGAIN NEXT YEAR.  SHE SAID SHE WAS TAKING A LESSON FROM HER SON.  SHE SAID SHE WOULD KEEP WORKING FOR HER COMMUNITY UNTIL THE DAY THAT SHE NO LONGER HERE

 

ORDINANCE #3618-
ESTABLISHING CEMETERY FOUNDATION FEES WAS READ IN FULL ON FIRST READING BY SANDY YORK.

OPEN TO COUNCIL FOR COMMENTS.

      COUNCILMAN KIDD ASKED WHAT IT WOULD COST FOR A FOUNDATION 4 FT X 18FT.X 3FT.

      CEMETERY SUPERINTENDENT HACKER SAID $250.00.

      MAYOR SMALL SAID IT WAS THE PLOT OWNERS RESPONSIBILITY TO CONTRACT.  USUALLY THROUGH THE FUNERAL HOME.

      MR. DAVID BROWN, HINSEY-BROWN FUNERAL HOME SAID IT WOULD DEPEND ON THE SIZE AND THE SIZE OF THE MONUMENT.  HE SAID THAT $250.00 FOR A SINGLE IS HIGHER THAN WHAT THEY CHARGE.  THERE CHARGE WOULD BE LESS THAN $250.00.

      COUNCILMAN KOGER ASKED IF THERE WAS COMPETITION, IS THAT THE REASON WE ARE ASKING FOR PRICES.

      COUNCILMAN KIDD SAID HE WANTED TO KNOW IF THIS WAS GOING TO COST MORE THAN WHAT THE PEOPLE ARE PAYING NOW.

      COUNCILMAN KOGER SAID, YOU MEAN A SINGLE.  $250.00 ON TOP OF A CONTINUOUS POUR, IS THAT WHAT WE ARE DOING?

      MR. BROWN SAID $250.00 PER SPACE.

      COUNCILMAN REID SAID WHEN THIS WAS ON THE AGENDA BEFORE, THE COUNCIL ASKED AND NEVER RECEIVED A PROFESSIONAL ENGINEER'S OPINION WHETHER THESE DEVICES WOULD DO ANYTHING TO ACTUALLY STOP THE SOIL PROBLEM THERE.  ALSO, ASKED FOR SOIL SAMPLES AND WE HAVE NEVER RECEIVED NEITHER ONE.

      COUNCILMAN KOGER SAID IT HAS FALLEN ON DEAF EARS FOR THE PAST EIGHT MONTHS BUT THEN IT IS SLAMMED ON THE FRONT PAGE OF THE PAPER.  LIKE IT IS THE COUNCIL THAT IS NEGATING OUR RESPONSIBILITIES.  WE ARE NOT.  THIS BACK ON THE AGENDA,  RECOMMENDATIONS OF WHAT WE ASKED FOR.

      COUNCILADY MALONE ASKED ABOUT A CONTINUOUS FOUNDATION.  WHY WON'T IT CAVE IN?

      MAYOR SMALL SAID IT WASN'T GOING TO KEEP THE SOIL FROM CAVING IN.  IT WILL KEEP THE FOUNDATION FROM TIPPING OVER INTO A NEARBY HOLE.

      COUNCILADY MALONE SAID DON'T YOU THINK THE CONCRETE COULD CRACK?

      MAYOR SMALL SAID THEY HAD PHOTOGRAPHIC PROOF OF AN INSTANCE WE HAD LAST WEEK WHERE THE CONTINUOUS FOUNDATION HELD.  IF IT HAD NOT BEEN THERE, IF YOU WOULD HAVE HAD A SPOUSE ALREADY BURIED THERE AND YOU HAD THE MONUMENT UP, YOU DIG THE HOLE NEXT TO THE FIRST SPOUSE, THE FOUNDATION WOULD HAVE CAVED IN.  THE MONUMENT WOULD HAVE FALLEN AND IT COULD HAVE DAMAGED A NEARBY VAULT.  THE FOUNDATION HELD.  THE PROTOTYPE%u2026%u2026%u2026%u2026%u2026%u2026

      COUNCILMAN KOGER SAID THAT THE COUNCIL HAS HAD SITUATIONS OF RECEIVING PHONE CALLS AT HOME AND PEOPLE CRYING BECAUSE THEIR LOVED ONES CAN'T GET A STONE, BENN TO THE ADMINISTRATION NUMEROUS TIMES TO GET SOMETHING DONE OVER THERE, THEY CAN'T GET IT DONE.

      MAYOR SMALL ASKED WHAT COUNCIL WANTED THEM TO DO.

      COUNCILMAN KOGER SAID THE COUNCIL HAS BENN IN CONTACT WITH THE CITIZENS IN THEIR WARDS AND THEY HAVE COME TO US AND WE WENT TO THE ADMINISTRATION TRYING TO GET SOMETHING DONE AND WE JUST CAN'T GET IT DONE TO OUR SATISFACTION.  HE SAID SOMETHING NEEDS TO BE DONE BUT UNDER THE CORRECT ADMINISTRATION.  HE SAID HE HAD MEN IN THE AUDIENCE THAT SAY THEY CAN DO IT FOR LESS THAN $250.00.  WHY ARE WE CHARGING THAT, WE NEED TO KNOW?   THAT IS WHAT ARE CITIZENS NEEDED TO KNOW BEFORE WE VOTE ON SOMETHING LIKE THIS.

      MAYOR SMALL AGAIN ASKED, WHAT WOULD YOU HAVE US DO.  HE SAID TO COUNCILMAN KOGER, YOU SEEM TO BE THE EXPERT, TELL US YOUR EXPERT OPINION.

      COUNCILMAN KOGER SAID HE JUST DID.  WE NEED TO GET OUR OPINIONS FROM AN ENGINEER EXPERT.  SOIL EXPERTS TOO.  WE SPEND THOUSANDS OF DOLLARS ON PROJECTS AND GRANTS, ACCOUNTING, BUT WE CAN'T SPEND A FEW THOUSAND DOLLARS TO FIND OUT  SOMETHING THAT WILL AFFECT EACH AND EVERYONE SITTING IN THIS AUDIENCE. 

      PRESIDENT YORK SAID SHE AND COUNCILMAN KOGER ASKED FOR A SOIL ANALYSIS  FROM SUPERINTENDENT DENNY.  SHE HAS ASKED FOR PICTURES AND WHERE THE CEMETERIES ARE LOCATED THAT HAVE THESE FOUNDATIONS SO THEY CAN GO SEE THEM.  WE STILL DON'T HAVE THEM.

      MAYOR SMALL SAID WE HAVE THE SOIL SAMPLES, WE CAN SHOW THEM TO YOU.  THEY ARE PURE SAND AND PURE GRAVEL.

       PRESIDENT YORK SAID YOU MAY HAVE THEM BUT THE COUNCIL HASN'T SEEN THEM.

      MAYOR SMALL SAID THEY WOULD BRING THE SAMPLES TO THE NEXT MEETING.

      COUNCILMAN REID SAID HE HAD 3 CONCERNS ABOUT THE CONTINUOUS FOUNDATIONS.

  1. A PERSONAL OPINION, BUT NOT KEEPING HIM FROM VOTING FOR THIS THEY ARE UGLY.
  2. HE SAID HE WASN'T CONVINCED.  THE PLACE USE TO BE A LANDFILL.  HE SAID WHAT HE HAS BEEN TOLD, 20 TO 30 FEET DOWN, IT'S SHIFTY.  SO WITHOUT AN OPINION FROM SOMEBODY THAT KNOWS, CERTIFIED TO DEAL WITH THIS SORT OF STUFF, HE WASN'T CONVINCED THAT POURING THESE CONTINUOUS FOUNDATIONS ARE GOING TO FIX OUR PROBLEM AND CONTRIBUTE TO SAFETY.
  3. THIS IS THE ITEM THAT IS KEEPING HIM FROM VOTING FOR THIS ORDINANCE.  WE, THE CITY OF NEW CASTLE, ARE POURING  THIS CONTINUOUS FOUNDATION,  IS TAKING ON A FINANCIAL LIABILITY TO KEEP AND MAINTAIN THESE FOUNDATIONS WHICH WILL EVENTUALLY NEED REPAIR.  MAYBE NOT FOR 50 YEARS BUT THEY WILL NEED REPAIR.

THERE WILL BE A COST ASSOCIATED WITH THIS.  THE CEMETERY EVERY YEAR, EVEN TAKING IN REVENUE FROM BURIALS, IT IS STILL HAS COST THAT ARE $30,000.00 TO $75,000.00 A YEAR OR MORE IN THE RED THAT HAS TO COME OUT OF THE GENERAL FUND TO COVER THE OPERATIONS.   HE SAID HIS CONCERN WAS THAT ONCE THAT CEMETERY IS FILLED UP, THE FULL COST OF OPERATION OF MAINTAINING A LOT OF GRASS AND A LOT OF CONCRETE FOUNDATIONS AND A LOT OF THOSE SORTS OF THINGS ARE GOING TO BECOME A FINANCIAL BURDEN ON THE TAX PAYERS.  AS A COUNCIL PERSON, WE NEED TO WORK AND MAKE THE CEMETERY SELF SUFFICIENT AND SELF SUPPORTING.  ONCE IT IS FILLED UP, THERE WILL BE NO COST TO THE TAX PAYERS FOR OPERATIONS.  IF WE HAVE SEEN ANYTHING IN THE LAST 3 TO 4 YEARS, WE SEE THE CITIZENS IN THE COUNTRY ARE UNWILLING AND UNABLE TO BURDEN THE TAX LIABILITY AS THEY DID IN THE PAST.  REVENUE IN GOVERNMENT WILL PROBABLY CONTINUE TO GO DOWN AND OUR COSTS ARE INCREASING.  HE SAID HIS BIGGEST CONCERN WAS NUMBER 3 AS AN OBJECTION TO THIS ORDINANCE.  HE DIDN'T WANT TO SEE US OBLIGATE THE CITY TO AN UN-FINANCIAL AMOUNT, 50 YEARS FROM NOW, WE DON'T HAVE THE ABILITY RIGHT NOW TO PAY FOR THE COST THAT THE CEMETERY COSTS TO OPERATE.  ARE WE GOING TO PAY TWO, THEE HUNDRED THOUSAND DOLLARS A YEAR TO PEOPLE TO MOW AND REPLACE CONCRETE?  THAT ISN'T FAIR TO THE TAX PAYER.

  

     PRESIDENT YORK SAID HER FAMILY PAID FOR HER DAD'S PLOT AND STONE AND IT IS THEIR RESPONSIBILITY IF SOMETHING GOES WRONG.  SHE SAID SHE HAD TO TAKE CARE OF IT OR POSSIBLY HER NEIGHBOR WOULD HAVE DAMAGE TOO.  SHE SAID SHE HAD HER PLOT THERE ALSO.  THE GROUND THERE IS NOT THAT HOT.  SHE SAID HER BROTHER HAND DUG THE FOUNDATION.  THIS IS IN THE OLDER PART OF WEST LAWN.  SHE SAID IT IS BAD GROUND, SAND.

SHE SAID THAT IS WHAT IS KEEPING HER FROM SUPPORTING THIS ORDINANCE.

      COUNCILMAN KIDD ASKED ABOUT THE PERPETUAL MAINTENANCE FUND.

 

DISCUSSION CONTINUED ABOUT THE PERPETUAL MAINTENANCE FUND.

     ATTORNEY COPENHAVER SAID THERE WAS TO BE ENOUGH PRINCIPAL IN IT SO THAT THE INTEREST WILL PRODUCE THE REVENUE TO MAINTAIN THE CEMETERY.  THAT IS THE THEORY AND ALL CEMETERIES STRUGGLE WITH THIS.  THEY WANT TO BUILD UP THEIR PERPETUAL MAINTENANCE FUND SO THAT IT WILL PRODUCE THAT KIND OF INCOME.

      PRESIDENT YORK SAID RIGHT NOW, IT ISN'T.

      COUNCILMAN REID SAID IT NEEDS MORE MONEY AND IT NEEDS NOT TO BE USED FOR BEAUTIFICATION PROJECTS.  IT NEEDS TO SIT THERE AND GROW.  ANY TYPE OF COST THAT FOR THE CURRENT OPERATION NEEDS TO COME OUT OF FEES OR TAX REVENUE.   HE SAID AS A TAX PAYER, IT SHOULD COME FROM FEES.

      ATTORNEY COPENHAVER SAID THE PERPETUAL MAINTENANCE FUND HAS MONEY IN IT BUT NOT NEARLY ENOUGH.  HE SAID THE FUND WAS DEVELOPED IN MODERATE HISTORY.  IT HAS ONLY BEEN AROUND 25 YEARS.  THE CEMETERY HAS BEEN AROUND A LOT LONGER.  THE PEOPLE SHOULD HAVE SET UP A MAINTENANCE FUND BUT NO ONE SAW THAT FAR AHEAD.  IT IS A TOUGH ISSUE.

      MAYOR SMALL SAID THE RIBBON FOUNDATION WOULD BE APPROXIMATELY 53 OR 54 PLOTS, SOLD AT $250.00 EACH.  IT WOULD NOT COST THAT MUCH TO DO 1 FOR ABOUT 200 FEET LONG.  HE ASKED MR. HACKER FOR CALCULATIONS AFTER ALL THE PLOTS ARE SOLD IN SECTIONS D, E, AND F, HOW MUCH WOULD THAT HAVE MADE FOR THE PERPETUAL FUND?

      MR. HACKER SAID YOU ARE TALKING SEVERAL YEARS.  HE SAID HE WANTED TO DO A ROW AT A TIME.  AFTER 10 TO 12 ARE SOLD, MOVE ON TO THE NEXT.  HE SAID IF THE CEMETERY PERSONNEL DOES THE WORK, IN YEARS IT COULD BE A MILLION DOLLARS.

      COUNCILMAN REID ASKED HOW MANY BUSINESSES WOULD BE AFFECTED BY THE CITY DOING THE WORK.

      THE ANSWER WAS SEVERAL AROUND THE CITY AND COUNTY.

      MAYOR SMALL ASKED IF SOMEONE WANTS TO PURCHASE A PLOT IN D, E, OR F, THEY MUST SIGN A WAIVER OF LIABILITY, THAT THEY WILL NOT HOLD THE CITY OF NEW CASTLE LIABLE FOR ANY PROBLEMS ASSOCIATED WITH POURING A FOUNDATION, SETTING A MONUMENT ON IT, IN THE EVENT OF COLLAPSE INTO

AN ADJOINING GRAVE.  WE COULD HAVE HAD THIS IF WE WOULD HAVE HAD THE TRADITIONAL POURED LAST WEEK.  SOMEONE COULD GET HURT IF WE CONTINUE AS IS.

      COUNCILMAN REID SAID HE DIDN'T UNDERSTAND WHY THE MONUMENTS ARE POURED BY A THIRD PARTY CONTRACTOR.  WHY WE DON'T HAVE EVERYONE THAT HAS SOMEONE BURIED, SIGN A RELEASE HOLDING THE CITY HARMLESS.

      ATTORNEY COPENHAVER SAID WE DO NOW.

      COUNCILADY MALONE SAID SHE HAD THREE CALLS ON THIS AND NONE OF THEM WERE HAPPY ABOUT IT.  SHE SAID SHE HAD TO GO TO THE CEMETERY AND FILL AND FILL WHEN HER PARENTS DIED.

      PRESIDENT YORK SAID IS THERE WAS SOMETHING WE COULD DO TO CORRECT THIS PROBLEM?  WHAT CAN WE DO TO FIX IT.?  IF WE CAN'T FIX IT%u2026%u2026%u2026%u2026%u2026.

      COUNCILMAN KOGER SAID WE NEED SOMEONE PROFESSIONALLY TO TELL US.

HE SAID NO OFFENSE BUT THE MAYOR AND STEVE NO MORE KNOWLEDGE ABOUT THE CEMETERY THAN HE DID ABOUT PUTTING A FOUNDATION DOWN.  WE NEED AN EXPERT TO TELL US WHAT IS GOING ON.

      COUNCILADY GOODMAN ASKED WHAT WAS THE HOPE WITH THE CREATION OF THE ORDINANCE.

      MAYOR SMALL SAID TO CONTINUE TO DO MORE CONTINUOUS FOUNDATIONS.

      COUNCILADY GOODMAN SAID SO WE COULD ADD MONEY TO THE PERPETUAL FUND AND SAFETY CONCERNS.

      DAVID BROWN, 1035 SOUTH 25TH STREET, SAID HE HAS A SMALL MONUMENT BUSINESS.  HE SAID UNDER THE PREVIOUS SUPERVISOR OF THE CEMETERY, THE CITY PAID ABOUT $8,000.00 TO HAVE A SAFETY DEVICE MADE TO PLACE DOWN IN THESE GRAVES.  HE SAID HE SAW IT ONCE. 

      SUPERINTENDENT HACKER SAID IT WON'T WORK.  IT IS TOO BIG.

      COUNCILMAN REID SAID THAT THIS PURCHASE WAS DONE OUT OF COMPLIANCE WITH THE STATE BOARD OF ACCOUNTS REGULATIONS.  IT WAS NOT CERTIFIED BY OSHA BUT THAT OSHA DOES MAKE CEMETERY DEVICES THAT ARE CERTIFIED.

      MR. BROWN SAID HE HAD A PROBLEM WITH THE FOUNDATION THAT IS THERE NOW.  HE SAID YOU CAN LAY A 3 FT. LEVEL ON THE TOP AND IT WILL SIT AND ROCK.  SO DOES A GRANITE BASE WHEN YOU LAY IT THERE.  HE SAID WHEN HIS SETTING COMPANY COMES IN, THEY HAVE TO BUILD UP UNDER THAT BASE.  ALSO, WHOEVER INSTALLED IT, THEY DREW A TRENCH ACROSS THE ENTIRE FOUNDATION?  THAT ALSO HAD TO BE FILLED IN.  IF WATER GETS IN THERE AND FREEZES,  BREAKS THE SEAL OF THE MONUMENT. 

      COUNCILMAN REID ASKED ABOUT THE WORKMANSHIP, DONE BY PRESENT LABOR WHICH IS ALL THE CITY CAN AFFORD TO DO,  AND ISN'T SUFFICIENT TO MAKE THOSE READY TO GO, AND WE PASS THIS ORDINANCE, AND THE CITY HAS TO TURN AROUND AND OUT SOURCE IT, THEN INSTEAD OF $250.00  GOING INTO THE MAINTENANCE FUND, THERE MAY BE $50.00.  THE BIG QUESTION IS, IS THAT $50.00 ENOUGH TO OFF SET THE COST OF THE CITY TO REPAIR THAT WHEN IT BREAKS IN 35 YEARS.  IF IT IS SITTING THERE AND SOME ONES MONUMENT CRACKS AND BREAKS BECAUSE IT WASN'T SEALED RIGHT BECAUSE IT WASN'T LEVEL THAT BECOMES A BIG COURT ISSUE.  IS THE CITY GOING TO BE ON THE HOOK TO REPLACE THOSE MONUMENTS?  HE SAID HE WASN'T TRYING TO SHOOT THIS DOWN JUST TO BE SHOOTING IT DOWN BUT THESE ARE UNANSWERED QUESTIONS AND WE DON'T HAVE ENOUGH INFORMATION TO GO FORWARD AT THIS POINT.

      CEMETERY SUPERINTENDENT HACKER WILL GIVE A PRESENTATION, FACTS FIGURES AND EVERYTHING AT THE NEXT MEETING.

      PRESIDENT YORK MOVED TO TABLE THIS ORDINANCE UNTIL MARCH 21ST MEETING.     COUNCILADY GOODMAN: SECOND

      COUNCILMAN KOGER AND PRESIDENT YORK BOTH AGREED THAT IF THIS ORDINANCE DOES NOT FLY AT THE NEXT MEETING, THEY DON'T WANT TO SEE IT AGAIN.

      MAYOR SMALL SAID HE WILL ASK AGAIN, WHAT WOULD YOU HAVE US DO?  HE ASKED THE COUNCIL TO BE HEARD ON WHAT THEY THINK THE APPROACH SHOULD BE.

      COUNCILMAN REID SAID HE WOULD MAKE SURE THE FEES WERE SUFFICIENT.  THE CITY SHOULD OUT SOURCE THE DIGGING OF THE CEMETERY PLOTS, THE WAY IT DID IN THE PAST AND PASS THE COST OF THAT TO THE PARTY'S FAMILY

THAT IS BEING PLACED THERE AND THAT COMPANY SHOULD HAVE SUFFICIENT LIABILITY INSURANCE, EFFICIENT EQUIPMENT AND DO THE SERVICE AND ACCEPT THE RISKS ASSOCIATED WITH IT.  HE SAID THERE IS NOT ENOUGH CREW AT THE CEMETERY TO DO THE JOB SAFELY OR EFFICIENTLY.  THE ONLY SAFE WAY NOW IS TO HAVE A THIRD PARTY COMPANY COME IN AND DO IT.  THAT IS THE REASONABLE ANSWER.  USE THE STAFF THERE TO HELP UTILIZE THE G O PEOPLE TO GET THE WORK DONE.  WHEN SUMMER IS HERE, IT IS A STRUGGLE TO KEEP UP WITH ALL THE WORK.

     MAYOR SMALL SAID THE CEMETERY WAS DOWN TO 2 GROUND KEEPERS.  IF ONE IS SICK OR VACATION%u2026%u2026%u2026%u2026%u2026%u2026..

     MR. BROWN SAID HIS COMPANY ONLY DIGS THE FOUNDATION.  TO DIG THE GRAVE WOULD BE ABOUT $300.00. 

     COUNCILMAN REID SAID THERE WERE 2 DIFFERENT THINGS HERE. 

  1.  FINANCIAL SITUATION, WHICH HAS BEEN NEGLECTED A LONG TIME
  2.  SAFETY ISSUE.

HE SAID HE FELT THE THIRD PARTY IS THE BEST ANSWER.  THEY ASSUME LIABILITY IF SOMEONE IS HURT DIGGING, OR KNOCK OVER ANOTHER TOMBSTONE, OR CRACK A VAULT, AND THEY ARE PREPARED TO DO THAT IN THEIR BUSINESS

     CAROL GOODWIN ASKED MR. HACKER TO INCLUDE IN HIS REPORT THE SPECIFICATIONS, CONTRACTORS VERSUS CITY AND WHAT CAN BE DONE AND WHY THE DIFFERENCE.  ALSO, DOCUMENT WEATHER CONDITIONS.

      GENE POE SAID HE DIDN'T THINK THIS ORDINANCE WILL GO.   PEOPLE WILL SQUABBLE, DETERIORATION OF THE STONE, THEY WILL BE AN EYE SORE IN TIME.  HE SAID THERE IS AN ORDINANCE YOU MUST WAIT 6 MONTHS AFTER BURIAL TO PUT IN A MONUMENT.  HE SAID IN HIS OPINION, YOU NEED TO TAP THE SOIL AND BRING IT UP AFTER YOU HAVE THE VAULT IN PLACE. 

 

ROLL CALL VOTE: SEVEN VOTE AYE.                 TABLED.

 

 

ORDINANCE 3619-
VACATING CERTAIN ALLEYS AND STREETS ON CERTAIN PUBLIC PROPERTIES (PARK) WAS READ IN FULL ON FIRST READING BY SANDY YORK.

     ATTORNEY COPENHAVER SAID ANYTHING THAT IS NOT CONCRETE OR ASPHALT IS UNIMPROVED STREETS AND ALLEYS, THEY ARE GRASS, BASEBALL DIAMONDS OR UNDER WATER.  HE SAID FROM A LEGAL STAND POINT IT HAS NO EFFECT.  THE CITY OWNS THE LAND AND SINCE IT DOES OWN THE UNIMPROVED ROAD. SO TO CLEAN UP THE AUDITOR'S RECORDS, AND THE PLAT MAPS, THIS ORDINANCE WAS MADE.

      DON TICHENOR SAID THIS WILL SAVE THE CITY MONEY.  ALL PARCELS WILL BECOME 1 PARCEL OF LAND.

       COUNCILMAN REID SAID HE WANTED TO GET THIS STRAIGHT.  WHAT IMPACT IT WILL HAVE ON THREE RIVERS BECAUSE THEY ARE NOT A CITY GOVERNMENT.  AS THIS WILL REDUCE THE FEES TO BE PAID FROM THE CITY TO THE UTILITY, IT WILL HAVE AN OPPOSITE EFFECT ON THE CITY UTILITY, A REDUCTION IN FEES RECEIVED FROM CITY TAX REVENUE.

HE ASKED FOR AN ACCOUNTING OF WHAT THE SAVINGS MIGHT BE.

     DIRECTOR DAVIS SAID YES.  SHE SAID IT MAY LOOK LIKE SMALL CHANGE.

     ATTORNEY COPENHAVER SAID THAT THE CITY WAS GOING TO HAVE TO SPEND TIME ANALYZING HOW THE STORM WATER FEE IS CALCULATED ON NON-RESIDENTIAL PROPERTY OWNERS.  THE THEORY IS, YOU SHOULD PAY FROM THE AMOUNT OF LAND THAT DRAINS INTO THE CITY STORM WATER SYSTEM.  SO IF YOU HAVE A HUGH PARKING LOT, THEY SHOULD PAY MORE THAN THE SAME AREA THAT IS GRASS.  THE RUN OFF IS MUCH LESS.  THE WAY OUR ORDINANCE IS SET UP FOR PARCELLS, YOU CAN DO IT WITHOUT SPENDING AN ARM AND LEG TO CALCULATE EVERYBODY'S INDIVIDUAL DRAINAGE DEAL.  MOST COMMUNITIES DO IT THAT AWAY.  WE ARE NOT UNIQUE.  THIS ORDINANCE WAS NOT PREPARED JUST FOR NEW CASTLE.  IT WAS A PROTOTYPE THAT OTHER COMMUNITIES WERE USING. HE DIDN'T AGREE WITH THIS THEORY BECAUSE IT DIDN'T RECOGNIZE THINGS THAT PROPERTY OWNERS WILL DO TO REDUCE RUN OFF LIKE RETENTION AREAS AND SWAMPS, RECYCLED WATER AND GET THE OIL OUT OF IT.  IT DOESN'T GIVE PEOPLE CREDIT FOR DOING THINGS.  JUST LIKE THE MAXWELL PARK.  IT DOESN'T GIVE PEOPLE CREDIT FOR THAT.  IT IS THE BEST SYSTEM WE HAVE NOW.

       

ATTORNEY COPENHAVER ANNOUNCED THAT THIS ORDINANCE WAS FOR PUBLIC HEARING TONIGHT.  ANYONE WISHING TO SPEAK SHOULD COME FORWARD.

NO ONE IN ATTENDANCE CAME FORTH TO SPEAK.

 

PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON FIRST READING.   COUNCILADY MALONE: SECOND.

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

 

COUNCIL REPORTS:

PRESIDENT YORK ASKED WHEN WE GET OUR FIRST LOAD OF HOT MIX.  NEED TO FILL HOLES.

     MAYOR SMALL SAID FROM MILESTONE IN APRIL.  WE ARE USING THE MAX -PATCHER AT THE PRESENT TIME.

PRESIDENT YORK WHERE THE WATER LINE BROKE THEREAT THE PARK ENTRANCE, SHE SAID THERE WAS ANOTHER WET PATCH IN THE LANE NEXT TO IT.  IT IS NOT RAIN WATER.  NEED TO CHECK IT OUT.

PRESIDENT YORK ARE WE GOING TO HAVE A SPRING CLEAN UP FOR THE PICK UP OF EXTRA TRASH?

      MAYOR SMALL SAID THAT THE CEMETERY CLEAN UP WILL BE THE FIRST WEEK IN APRIL.  NO PLANS RIGHT NOW FOR THE CITY CLEAN UP.

 

COUNCILMAN KOGER  SAID HE NOTICED COUCHES AND LARGE TRASH ON INDIANA AVE. AND 9TH OR 10TH.  WE NEED TO GET A TRUCK OUT THERE.  HE SAID SINCE ALL THE RAIN, HE HAS HAD CALLS ABOUT THE VAC TRUCK.  HE ASKED HOW QUICK WOULD THE RESPONSE WOULD BE IF SOMEONE CALLS WITH RAW SEWAGE BACKING UP IN THE BASEMENT.  SEE IF IT IS OUR PROBLEM.

     MAYOR SMALL SAID WE GO AS SOON AS POSSIBLE.  WE CANNOT GO INTO LATERALS OR ON PRIVATE PROPERTY.  THAT IS SOMETHING ROTO- ROOTER WOULD DO.

     ATTORNEY COPENHAVER SAID THE ASSISTANT SUPERINTENDENT YORK AT THE WASTEWATER PLANT CHECKS ALL COMPLAINTS OUT.

 

COUNCILMAN REID SAID THERE WAS A STREET CUT JUST NORTH OF Q AVENUE.  IT IS A STATE HIGHWAY.  IT HAS BEEN THERE 3 MONTHS AND CARS HAVE TO JUST ABOUT STOP.  IS THERE A TIME ON WHEN THAT IS GOING TO BE FILLED?   IT IS DANGEROUS AND BAD.  HE SAID THEN THERE ARE 2 LARGE POT HOLES ON VINE STREET.

 

PUBLIC:

 

CHARLES WILSON, CRESCENT CREEK, SAID THEY OWN .700 ACRES OF AN ACRE.  HE SAID THEY HAVE BEEN FLOODED 3 TIMES.  WE ASK FOR HELP FROM THE CITY BUT GET THE ANSWER THAT THE PROPERTY IS PRIVATE AND THE CITY CAN'T HELP.  HE SAID THE BRIDGE COLLECTS DEBRIS OF ALL SORTS.  WHEN THAT HAPPENS WE ARE FLOODED OUT.  THE CREEK IS FULL OF ECOLI.  HE SAID THE CITY TRASH TRUCKS CAN NOT CROSS THE BRIDGE.  HE SAID THERE WAS NO SEWER ON RILEY ROAD IN THAT AREA. 

     ATTORNEY COPENHAVER SAID THAT THIS IS VERY CONTAMINATED AND MOST OF THE PROBLEM COMES FROM OUT OF THE CITY LIMITS.  99% DOES.  HE SAID THIS IS A COUNTY DRAIN.  ALONG TIME AGO, WE WORKED WITH THE HEALTH DEPARTMENT AND MADE A PROPOSAL TO PEOPLE WHO LIVE OUTSIDE THE CITY LIMITS, SOUTH OF THE CITY.  THE FELLOW AT THE HENRY COUNTY HEALTH DEPARTMENT, AT LEAST ON ONE OCCASION, FORCED THE HOME TO BE VACATED.  THE HEALTH DEPARTMENT DYE TESTED THE DRAINS ABOUT 10 YEARS AGO.  HE SAID OF ALL THE DRAINAGE DITCHES AND CREEKS IN NEW CASTLE, IS THE MOST CONTAMINATED.  THE IDEM REPORT SHOWS THAT.  HE SAID IF ANYONE LIVES ALONG A DRAIN AND THERE IS A DRAIN ASSESSMENT, THE ASSESSMENT IS TO KEEP THE DRAIN CLEAN.  THERE IS NOT AN EASY SOLUTION.  IT WILL BE VERY EXPENSIVE TO RESOLVE THE PROBLEM FOR GOOD.  IT WAS SUGGESTED THAT MR. WILSON GO TO THE COUNTY DRAINAGE BOARD WITH THIS PROBLEM.  HE ALSO SAID THEY WERE HAVING A MEETING NEXT WEEK AND THEY WOULD SEE WHAT THEY MIGHT CAN DO TO HELP.

 

 

PRESIDENT YORK MOVED TO ADJOURN.

COUNCILMAN HAHN: SECOND