COMMON COUNCIL
JULY 5, 2011 7:00 P.M.
THE PLEDGE OF ALLEGIANCE WAS GIVEN BY EVERYONE IN ATTENDANCE.
PRAYER WAS GIVEN BY REV. CLAY MORGAN, TABERNACLE PRAISE CHURCH, MUNCIE, INDIANA..
MAYOR SMALL OPENED THE MEETING OF THE COMMON COUNCIL.
ROLL CALL:
SANDY YORK PRESENT
ANGIE GOODMAN ABSENT
JAMES KIDD ABSENT
MARY MALONE PRESENT
MARK KOGER PRESENT
VAUGHN REID PRESENT
RICHARD HAHN PRESENT
MINUTES WERE APPROVED AS PRESENTED.
MAYOR SMALL WELCOMED BOY SCOUT TROOP 596, FROM THE CHURCH OF THE LATTER DAY SAINTS. HE SAID THEY WERE HERE AS PART OF THEIR CITIZENSHIP MERIT AWARD.
RESOLUTION:
AUTHORIZING RESOLUTION-AUTHORIZING THE FILING OF AN APPLICATION FOR A GRANT UNDER SECTION 5311 OF THE FEDERAL TRANSIT ACT, AS AMENDED, FOR CALENDAR YEAR 2012 WAS READ IN FULL BY SANDY YORK.
PRESIDENT YORK MOVED TO PASS THIS RESOLUTION. COUNCILMAN HAHN: SECOND. ROLL CALL VOTE: FIVE AYES. PASSED AND ORDERED.
ORDINANCES:
ORDINANCE #3624
AN ORDINANCE AMENDING THE NEW CASTLE SALARY ORDINANCE #3606 WAS READ BY TITLE ONLY BY SANDY YORK ON 2ND READING.
PRESIDENT YORK MOVED TO PASS ORDINANCE 3624 ON SECOND READING. COUNCIL LADY MALONE: SECOND
ROLL CALL VOTE: FIVE VOTES AYE. PASSED AND ORDERED.
SPECIAL BUSINESS:
E911 CONTRACT STATUS UPDATE FROM MAYOR SMALL:
MAYOR SMALL SAID TO THE AUDIENCE, YOU MAY HAVE READ IN THE COURIER TIMES RECENTLY THAT WE ARE HAVING IMPASSE WITH THE COUNTY OVER THE E911 CONTRACT. HE SAID THIS IS A CONTRACT THAT IS IN EFFECT EVERY YEAR.
IT IS BASICALLY THE CITY'S RESPONSIBILITIES AND SHARE THAT WE PROVIDE TO THE DISPATCH CENTER. ANY TIME YOU CALL 911, THE COSTS HAVE BEEN PRETTY MUCH DIVIDED BETWEEN THE CITY AND THE COUNTY. THE COUNCIL, THREE MONTHS AGO, PASSED THE CONTRACT, AS DID THE BOARD OF WORKS PASSED THE CONTRACT FOR THE CITY OF NEW CASTLE. THE COMMISSIONER PRESIDENT KIM CRONK WAS PRESENT EACH TIME WHEN IT WAS READ WORD FOR WORD WITHOUT ANY OBJECTIONS TO WHAT WAS IN THAT CONTRACT. WE SIGNED IT, AND PASSED IT ON TO THE COUNTY IN GOOD FAITH THAT THE COUNTY WOULD SIGN IT. IT HAS TURNED OUT NOW, COMMISSIONER CRONK WANTS TO MAKE SOME CHANGES TO IT. ALTHOUGH THE CHANGES ARE NO BIG DEAL, WE ARE PRETTY MUCH AGREEABLE TO MAKING, HE WANTS TO TIE IT INTO THE AMBULANCE CONTRACT. THE CITY OF NEW CASTLE PROVIDES THE ADVANCED LIFE SUPPORT AMBULANCES TO ALL THE COUNTY WITH THE EXCEPTION OF KNIGHTSTOWN AND MIDDLETOWN. WE HAVE DONE THIS FOR A NUMBER OF YEARS AND SUCCESSFULLY AND WE FEEL THIS SHOULD BE A SEPARATE CONTRACT. ONE OF THE MAIN REASONS BEING THAT 911 IS MORE THAN JUST AN AMBULANCE CONTRACT. IT IS POLICE, FIRE AND MUTUAL AID AND EVERYTHING. WE STRONGLY FEEL WE SHOULD HAVE SEPARATE CONTRACTS. ONE FOR THE 911 IN GENERAL AND THEN HANDLE THE OTHER ASPECTS AS THEY COME ABOUT. AT THIS TIME, ALTHOUGH COMMISSIONER CRONK SAYS NEGOTIATIONS ARE GOING WELL, THERE ARE NO NEGOTIATIONS. IT IS AT A COMPLETE STAND STILL. THE BALL IS IN THE COUNTY'S COURT. THE COUNTY RECEIVES THE MONEY FROM YOUR TELEPHONE BILL, YOUR CELL PHONE BILLS, A DOLLAR HERE, FIFTY CENTS THERE THAT GOES TO THE 911, GOES TO THE COUNTY. THE MAJORITY OF THE MONEY COMES FROM NEW CASTLE RESIDENTS. BY LAW, CORRECT ME COUNSELOR IF I'M WRONG, IT IS THE COUNTY'S OBLIGATION TO PROVIDE 911. THE COUNTY IS RECEIVING THIS MONEY FROM THE CITIZENS OF NEW CASTLE AND HE SAID HE COULD NOT IN GOOD FAITH, DON'T KNOW ABOUT OUR NEXT MAYOR, HOW HE WOULD FEEL ABOUT IT, BUT MAYOR SMALL FELT THAT THE CITY SHOULD NOT CONTRIBUTE ANY MONEY TO THE 911 DISPATCH UNTIL THIS IS RESOLVED. WE HAVE PAID ALL THE MONEY FOR THIS YEAR, SO IT WILL BE THE NEXT MAYOR'S RESPONSIBILITY TO DECIDE HOW TO WORK WITH THAT. IT IS THE COUNTY'S RESPONSIBILITY TO DO THE 911. WE IN GOOD FAITH HAVE GIVEN THEM THAT MONEY, TO THE COUNTY, EVERY YEAR AND THINGS HAVE WORKED OUT VERY WELL. THAT IS WHERE WE STAND RIGHT NOW.
COUNCILMAN REID SAID HE WANTED TO REITERATE HIS STANCE THAT HE TOOK AT A PREVIOUS MEETING THAT 911 NEEDS TO COOPERATE AS AN ENTITY, COMPLETELY SEPARATE FROM THE CITY AND THE COUNTY, WITH A BOARD OF DIRECTORS, MEANING THE COUNTY WOULD NOT BE IN CHARGE OF GOVERNING IT AND THE CITY WOULD NOT BE IN CHARGE OF GOVERNING IT. IT WOULD BE AN INDEPENDENT BOARD, KIND A LIKE THE LIBRARY OR THAT SORT OF THING.
HE SAID HE HAD A QUESTION. HE SAID IT WAS HIS UNDERSTANDING THAT THE COUNTY'S AMBULANCE SERVICE ISN'T DISPATCHED THROUGH 911.
EMS DIRECTOR RON BURNS SAID ONLY WHEN THEY ARE ASSISTING US OR BACKING US UP, THEY ARE. 95% OF THE TIME, THEY ARE NOT.
COUNCILMAN REID ASKED WHO THEY WERE DISPATCHED THROUGH.
DIRECTOR BURNS SAID IT WAS THE COMMISSIONER'S PRESIDENT, MR. CRONK.
MAYOR SMALL SAID HE CAN BE ANYWHERE, TEXAS, NEW YORK OR FLORIDA AND HE IS DISPATCHING THE AMBULANCES FOR THE COUNTY.
COUNCILMAN REID SAID HIS QUESTION IS, TYING THE AMBULANCE IN WITH THE E911 CONTRACT. THAT WOULD MEAN THE COUNTY'S EMERGENCY RESPONSE COMPONENT, THE NON-EMERGENCY RESPONSE WOULD BE DISPATCHED DIRECTLY BY THE COMMISSIONER HIMSELF?
DIRECTOR BURNS SAID HIS BIGGEST CONCERN TYING THEM TOGETHER IS WHAT WE HAVE SEEN RECENTLY. THE COUNTY WAS SUPPOSE TO PUT IN $125,000. TO $135,000. A YEAR, ON THE CITY'S BEHALF. THEY DID NOT DO THAT. THEREFORE, 911 IS HURTING AND THEY ARE USING THAT AS A TOOL TO PRY AGAINST. THAT WAS HIS MAIN REASON TO SEPARATE THEM AGAIN. THERE ISN'T ANY OF THAT LANGUAGE THAT THEY WOULD BE ABLE TO DO THAT AND THE MONIES WAS PAID, ONCE WE PAID THEM, PAID OUR SHARE, THEN WHAT THE COUNTY DOES,
THE COUNTY DOES. HE SAID HE UNDERSTOOD WHERE THEY MADE THEIR BUDGET CUTS LAST YEAR AND THIS YEAR, THAT AMOUNT THE WAS SUPPOSED TO GO TO 911, ENDED UP NEGOTIATED WITH THE AMBULANCE CONTRACT.
DIRECTOR BURNS SAID, RIGHT.
COUNCILMAN REID SAID IT GOT CHOPPED BASICALLY.
DIRECTOR BURNS SAID THAT BEHIND THE SCENES CRONK TOLD THEM THAT WE HAD MONEY IN OUR AMBULANCE SERVICE AND IT WAS PUT BACK. BURNS SAID THERE WAS NEVER ANY MONEY PUT BACK INTO DISPATCH.
ATTORNEY COPENHAVER SAID THE $125,000 TO $135,000. WAS WHAT THE COUNTY WOULD HAVE PAID US UNDER THE AMBULANCE CONTRACT INSTEAD OF GIVING IT TO E911. THEY DIDN'T DO THAT.
DIRECTOR BURNS SAID THEY CUT THAT MONEY AND DISPATCH HAS SUFFERED BECAUSE OF IT.
COUNCILMAN KOGER SAID, THEN THEY WANT US TO DOUBLE IT.
DIRECTOR BURNS SAID NO, WE DID GO UP A LITTLE THIS YEAR FROM WHAT WE PAID LAST YEAR. IT IS STILL LESS THAN WHAT WE USED TO PAY. YEARS PAST, WE USED TO PAY $260,000 TO $300,000. A YEAR. WE HAVE AGREED WITH THIS CONTRACT, $200,000. AND THE CITY WOULD PAY THE COUNTY. BECAUSE IT WASN'T TIED TO THE AMBULANCE CONTRACT, STRICTLY HIS OPINION, THAT IS WHY HE IS STALLING WITH THE BALL.
COUNCILMAN REID SAID IT SOUNDED TO HIM AS IF THE COUNTY DEFAULTED ON THE AMBULANCE CONTRACT. HE SAID HE HAS SEEN THAT HAPPEN PREVIOUSLY IN THESE TYPES OF AGREEMENTS OVER THE YEARS. SEEMS LIKE A LOT OF THE TIME, THE CITY GETS STUCK HOLDING THE BAG OR WHATEVER.
ATTORNEY COPENHAVER SAID AT THE NEXT MEETING, WE WILL GET YOU A COPY OF THE CURRENT CONTRACTS THAT ARE IN QUESTION. SO YOU CAN SEE THE LANGUAGE. YOU'VE HAD THEM IN THE PAST BUT HE WAS SURE THEY HAD GOTTEN LOST.
MAYOR SMALL SAID WE OPERATE AT A LOSS WHEN WE GO INTO THE COUNTY. WE HAVE BEEN GOOD NEIGHBORS. WHEN WE OPERATE AT A LOSS IN THE CITY, WE RECOVER APPROXIMATELY 80% OF OUR COST THROUGH MEDICAL INSURANCE. SAME THING FOR THE COUNTY. THAT WAS ONE REASON THE COUNTY WAS CONTRIBUTING THAT MONEY ON THE CITY'S BEHALF. IT WAS TO HELP MAKE UP THE SHORT FALL. HE SAID WE SHOULD BE TALKING ABOUT THE AMBULANCE CONTRACT. HE SAID HE WOULDN'T WANT TO ENTER INTO NEGOTIATIONS FOR THE AMBULANCE CONTRACT UNTIL WE HAVE THE 911 CONTRACT. THE END RESULTS COULD BE JUST LIKE 2 YEARS AGO, WHEN WE HAD THE IMPASSE WITH THE COUNTY OR THE AMBULANCE SERVICE FOR A 2 DAY PERIOD, THE CITY OF NEW CASTLE WOULD NOT PROVIDE AMBULANCE SERVICE TO THE COUNTY. THAT WAS COMMISSIONER CRONK'S RESPONSIBILITY. HE HAD THE EXTRA VEHICLES AND COULD DOUBLE UP ON OUR RUNS. INSTEAD OF ONE AMBULANCE YOU GOT TWO AMBULANCES RACING TO THE SCENE, HE SAID HE COULD NOT GO WITH THAT. IT ONLY LASTED FOR 2 DAYS BUT THE SAME THING COULD HAPPEN AGAIN. COMMISSIONER CRONK HAS A CASH COW IN THE TRANSFERS WITH HIS AMBULANCE CONTRACT. TO TAKE SOMEBODY FROM STONE BROOK, ACROSS THE HILL TO THE HOSPITAL, $600.00. HE SAID WE ARE NOT ALLOWED TO DO IT BY CONTRACT. BALL MEMORIAL IS $800.00, SAINT VINCENT'S IS $1,200.00. HE SAID HE WAS CONVINCED, EVEN TRYING TO TWIST THE FIGURES THAT THEY ARE NOT OPERATING AT A LOSS. GOOD LUCK TO THE NEXT MAYOR. IF THERE ISN'T A CONTRACT IN PLACE BY JANUARY 1, 2012, WE WILL TAKE CARE OF OUR OWN, THE CITY AND HENRY TOWNSHIP. WE HAVE SUCH A GOOD RELATIONSHIP WITH NANCY WADMAN, TOWNSHIP TRUSTEE. HER WORKING WITH US, WE HAVE 3 NEW FIRE TRUCKS. WE HAVE A CONTRACT WITH FIRE SUPPORT WITH HENRY TOWNSHIP AND HE RECOMMENDED THAT WE HONOR THE SAME AMBULANCE SUPPORT TO THE TOWNSHIP. WE'LL SEE WHAT HAPPENS ON JANUARY 1, 2012.
COUNCILMAN REID SAID HE HAD ONE MORE QUESTION. HE SAID IF THE CONTRACT GETS WORKED OUT, AND HE AGREED THAT THE AMBULANCE AND 911 NEEDS TO BE SEPARATE CONTRACTS BECAUSE OF THESE KINDS OF ISSUES AND WITHOUT FUNDS BEING PAID IN LIEU OF OR ON BEHALF OF OR WHATEVER, HE THOUGHT THE CITY NEEDS TO STAND FIRM AND MAKE SURE WE GET A FAIR CONTRACT. HIS BIG CONCERN HOWEVER WAS IF WE END UP GOING TO THE BEGINNING OF THE YEAR AND THERE STILL ISN'T A 911 AGREEMENT, AND WE ARE STILL AT IMPASSE AT THINGS, ARE THE PEOPLE THAT LIVE IN NEW CASTLE GOING TO NOT PICK UP THE PHONE AND CALL 911?
ATTORNEY COPENHAVER SAID WHAT THE CITY PAYS IS IN ADDITION TO WHAT THE CITIZENS OF NEW CASTLE ALREADY PAY. SO THE SERVICE HE BELIEVED WAS THE COUNTY'S OBLIGATION TO PROVIDE WHETHER WE PAY THAT $200,000. OR NOT. NOW, THE FACT LAWYERS THINK THAT, WE COULD ARGUE A YEAR ABOUT THIS SERVICE. WE WILL HAVE TO MAKE SURE THE SHERIFF IS IN AGREEMENT WITH THAT OR THE E911 PEOPLE ARE IN AGREEMENT WITH THAT. WE WOULD NOT LEAVE THE CITIZENS UNPROTECTED. IF THEY ACCEPT THAT MONEY, FROM THE PHONE BILL, THEY ARE OBLIGATED TO PROVIDE THE SERVICE.
MAYOR SMALL SAID LIKEWISE THE AMBULANCE, WITHOUT A CONTRACT, WOULD START DOING TRANSFERS.
DIRECTOR BURNS SAID THAT IT STATES THAT HE IS THE MAIN INTER FACILITY PROVIDER OF TRANSFERS. WE ARE HONORING THAT CONTRACT BECAUSE IT IS IN THE CONTRACT. BUT IF WE WANTED TO GO OUT AND TRY TO START CASHING IN, WE COULD START DOING TRANSFERS TOMORROW AND VOID THE CONTRACT, AND BE MAKING GOOD MONEY. WE HAVEN'T DONE THAT BECAUSE IT IS IN THE CONTRACT.
COUNCILMAN REID SAID HIS QUESTION WAS FOR LEGAL COUNCIL. BY THE COUNTY CHOOSING NOT TO PAY THE MONEY TO 911 ON BEHALF OF THE AMBULANCE AGREEMENT THAT WAS IN THE CONTRACT, HASN'T THE COUNTY BASICALLY CANCELLED THE CONTRACT?
ATTORNEY COPENHAVER SAID THE CITY HAS RECEIVED A LETTER TERMINATING THE CONTRACT AS OF DECEMBER 31, 2011. THAT ISSUE WILL BE RESOLVED.
ATTORNEY COPENHAVER GAVE AN UPDATE ON THE ORDINANCE FOR DEBRIS REMOVAL CHARGE. HE SAID HE WAS MEETING WITH FIRE CHIEF MURRAY THIS WEEK HE SAID THEY WOULD PROBABLY COME UP WITH AN ORDINANCE SIMILAR TO WHAT YOU HAVE ALREADY SEEN. WE WILL JUST TAKE OUT THE FIRE PROTECTION.
MAYOR SMALL ASKED ABOUT THE BURN OUT OF THE CHRISTIAN BOOK STORE ON SOUTH 18TH. WHY IS IT STILL SITTING THERE?
CHIEF MURRAY SAID THAT IT WAS IN THE TAX SALE THE DAY OF THE FIRE. IF THAT IS THE CASE, IT IS PROBABLY GOING TO SIT THERE SINCE THERE WAS NO INSURANCE ON IT.
DIRECTOR DAVIS SAID SHE AND DEPUTY CLERK TREASURER CHRISTY YORK HAVE FOUND SOME MONIES IN THE BUDGET TO HELP CLEAN UP PROPERTIES.
COMMITTEE REPORTS:
PRESIDENT YORK SAID THE COUNCIL MEMBERS RECEIVED A DRAFT OF AN ORDINANCE FOR A 3-WAY STOP AT 20TH STREET AND HIGHLAND AVE. THIS WAS DISCUSSED AT THE LAST COUNCIL MEETING. SHE SAID SHE ASSUMED THIS ORDINANCE WOULD BE ON THE NEXT COUNCIL MEETING AGENDA. SHE SAID THERE WAS ALSO A DRAFT ON THE CEMETERY FOUNDATIONS.
PUBLIC:
BONNIE THOMPSON, 182 W. CO RD 400 S., SAID SHE HAD TAKEN HER GRANDSON TO BAKER PARK ON FRIDAY, JUNE 17TH, TO THE SPLASH POOL. SHE SAID THERE WAS A MAN ON A SKATEBOARD ON TOP OF THE EATING TABLE AND BENCH IN THE EATING AREA. HE WAS SKATING ON THE TABLE AND BENCH. SHE SAID SHE TURNED AND SAID TO HIM, PLEASE DON'T DO THAT, YOU ARE DAMAGING THE TABLE AND BENCH. SHE SAID SHE DIDN'T SAY MUCH TO HIM. SHE SAID HE BECAME VERY BELLIGERENT AND SAID YOU WANT TO SEE DAMAGE, I'LL SHOW YOU DAMAGE. HE TOOK HIS SKATEBOARD AND POUNDED THE TABLE AND BENCH SEVERAL TIMES. HE STARTED SAYING TERRIBLE THINGS TO ME. SHE SAID SHE CALLED THE POLICE BUT HE COULD NOT DO ANYTHING BECAUSE HE DIDN'T SEE WHAT HAPPENED. SHE SAID SHE WANTED TO APOLOGIZE IF SHE HAS CAUSED A PROBLEM WHERE THIS MAN MIGHT COME BACK CAUSING MORE DAMAGE. SHE SAID THAT IS WHAT THE MAN SAID HE WOULD DO. SHE ASKED THAT NO SKATE BOARDING SIGNS BE PUT UP.
ATTORNEY COPENHAVER SAID THIS SHOULD BE GIVEN TO THE PARK BOARD AND IF THEY WANT AN ORDINANCE HE WILL PREPARE ONE.
PRESIDENT YORK MOVED TO ADJOURN.
COUNCILMAN REID: SECOND
