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City Council Meeting Minutes - 6/20/11

COMMON COUNCIL 

JUNE 20, 2011       7:00 P.M.

 

THE PLEDGE OF ALLEGIANCE WAS GIVEN BY EVERYONE IN ATTENDANCE.

PRAYER WAS GIVEN BY DALE COLE.

MAYOR SMALL OPENED THE MEETING OF THE COMMON COUNCIL.

 

ROLL CALL:

 

SANDY YORK                                 PRESENT                 

ANGIE GOODMAN                         ABSENT

JAMES KIDD                                   PRESENT

MARY MALONE                             PRESENT

MARK KOGER                                PRESENT

VAUGHN REID                                PRESENT

RICHARD HAHN                             PRESENT

 

MINUTES WERE APPROVED AS PRESENTED.

 

PRESENTATIONS:

 

MOLLY PEDERSON, IACT ESSAY CONTEST WINNER OF "IF I WERE MAYOR" READ HER ESSAY TO ALL IN ATTENDANCE.  THE MAYOR AND COUNCIL APPLAUDED HER FOR HER VISION AND INSIGHT.

 

MAYOR SMALL READ A PROCLAMATION MAKING THE WEEK OF JUNE 19-26, 2011 AMATEUR RADIO WEEK IN THE CITY OF NEW CASTLE, INDIANA.  GENE INGRAM AND BEN BURRIS WERE IN ATTENDANCE TO ACCEPT THE PROCLAMATION.

 

DIRECTOR DAVIS INTRODUCED TO COUNCIL, BRYCE LORING REPRESENTATIVE FOR CASEY'S GENERAL STORES WHO GAVE A PRESENTATION TO COUNCIL. CASEY'S IS REQUESTING ANNEXATION FOR THE LOCATION AT RILEY ROAD AND STATE ROAD 3, FORMALLY KNOWN AS RED'S.  MAYOR SMALL QUESTIONED THE NUMBER OF EMPLOYEES THEY WOULD BE HIRING, MR. LORING STATED 10-15.  COUNCIL ASKED QUESTIONS AND DISCUSSED UTILITY CONNECTION AND ANNEXATION OF THE AREA. 

 

RESOLUTION:

 

PRESIDENT YORK READ THE RESOLUTION AND FISCAL PLAN FOR CASEY'S GENERAL STORE.  ATTORNEY COPENHAVER MADE NOTE OF A CORRECTION TO THE RESOLUTION.

     MATT LARSON OF 3311 WEST ACRES DRIVE ADDRESSED COUNCIL AS A RESIDENT OF THE AREA WITH CONCERNS REGARDING POTENTIAL TRAFFIC ISSUES IN THE NEIGHBORHOOD ON JESTER DRIVE.  ATTORNEY COPENHAVER INFORMED MR. LARSON THAT JESTER DRIVE WAS A COUNTY ROAD, IF HE WANTED TO CHANGE ACCESS OR CREATE A DEAD END STREET HE WOULD NEED TO GO TO COUNTY COUNCIL.  ATTORNEY COPENHAVER ALSO INFORMED MR. LARSON THAT ADVERTISEMENT, PUBLICATION, NOTICES TO ADJACENT PROPERTY OWNERS AS WELL AS A PUBLIC MEETING SCHEDULED IN REGARDS TO ANNEXATION WHICH WOULD ALLOW THE PUBLIC TO PRESENT THEIR CONCERNS BEFORE THE ANNEXATION WOULD BE PRESENTED FOR SECOND AND FINAL READINGS. 

     PRESIDENT YORK MOVED TO PASS THE RESOLUTION AND FISCAL PLAN, WITH CORRECTIONS NOTED BY ATTORNEY COPENHAVER, FOR CASEY'S GENERAL STORE.  COUNCIL MAN REID SECONDED.  MOTION PASSED 6-0.

 

ORDINANCES:

 

ORDINANCE #3621 - AN ORDINANCE EXPANDING THE NEW CASTLE DOWNTOWN HISTORIC DISTRICT TO INCLUDE THE FORMER 7TH GRADE BUILDING WAS PRESENTED BY PRESIDENT YORK FOR SECOND READING. 

     PRESIDENT YORK MOVED TO PASS THE ORDINANCE ON SECOND READING.  COUNCILMAN REID SECONDED.  MOTION PASSED 6-0.

 

PRESIDENT YORK MOVED TO SUSPEND THE RULES AND PASS ORDINANCE #3621 FOR THIRD AND FINAL READING BY TITLE ONLY.  COUNCILMAN REID SECONDED.  MOTION PASSED 6-0.

 

PRESIDENT YORK MOVED TO PASS ORDINANCE #3621 ON THIRD AND FINAL READING BY TITLE ONLY.  COUNCILMAN HAHN SECONDED.  MOTION PASSED 6-0.

 

ORDINANCE #3623 - AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF NEW CASTLE INDIANA, LOCATION BETTER KNOWN AS RED'S COLLISION SERVICE, LOCATED ON STATE ROAD 3 AND RILEY ROAD.  PRESIDENT YORK READ ORDINANCE #3623 WITH ATTACHED EXHIBITS. 

     PRESIDENT YORK MOVED TO PASS ORDINANCE #3623 ON FIRST READING.  COUNCILMAN KIDD SECONDED.  MOTION PASSED 6-0.

 

ORDINANCE #3624 - AN ORDINANCE AMENDING THE NEW CASTLE SALARY ORDINANCE #3606.  PRESIDENT YORK READ ORDINANCE #3624 TO AMEND SECTION 3, PARAGRAPH II.  COUNCIL REQUESTED DEFINITION OF CURRENT RULES FROM ATTORNEY COPENHAVER AND THE CHIEF DEPUTY OF THE CITY CLERK-TREASURERS OFFICE.  COUNCILMAN REID NOTED THAT THE CURRENT CITY POLICY IN REGARDS TO SICK/PERSONAL AND VACATION IS UNFAIR TO THE TAX PAYERS AND THE BUDGET OF THE CITY.  ATTORNEY COPENHAVER NOTED HE TRIED TO MIRROR THE AMENDMENT TO NON-MANAGEMENT EMPLOYEES.  COUNCILMAN REID SUGGESTED THAT AT SOME POINT IN THE FUTURE AT SALARY ORDINANCE TIME, NEEDS TO HAVE AN EMPLOYMENT LAW EXPERT LOOK AT THE PERSONNEL POLICIES OF THE CITY FOR EXEMPT VERSES NON-EXEMPT STAFF WITHIN THE FRAME WORK OF BEING PAID WITH TAX PAYER DOLLARS AND CONSIDER AMENDING. 

     PRESIDENT YORK MOVED TO PASS ORDINANCE #3624 ON FIRST READING.  COUNCILMAN KOGER SECONDED.  MOTION PASSED 6-0.

 

SPECIAL BUSINESS:

 

COUNCIL WAS UPDATED ON THE E911 CONTRACT BETWEEN THE CITY AND COUNTY.  MAYOR SMALL NOTED THAT THE CITY HAS NOT RECEIVED A SIGNED COPY OF THE AGREEMENT FROM THE COUNTY.  MAYOR SMALL NOTED THAT OUR OBLIGATION FOR 2011 HAS BEEN MET IN REGARDS TO PAYMENT AND FUNDING, NOTING UNTIL AN AGREEMENT CAN BE MET; NO OTHER PAYMENTS WOULD BE RENDERED.

 

A DRAFT ORDINANCE WAS PRESENTED TO COUNCIL IN REGARDS TO ESTABLISHING A FIRE DEPARTMENT SERVICE CHARGE AND DEBRIS REMOVAL CHARGE.  CHIEF MURRAY AND JOSH ESTELLE REPRESENTING PFENNINGER INSURANCE, WHO INSURES THE CITY OF NEW CASTLE, ANSWERED COUNCIL QUESTIONS IN REGARDS TO PROCEDURE AND LIABILITY OF THE PROPERTY OWNER AND THE CITY.  ATTORNEY COPENHAVER SUGGESTED RESEARCHING THE ABILITY TO PUT A LIEN ON THE PROPERTY OWNERS POLICY UNTIL THE PROPERTY IS CLEANED UP.  MR. ESTELLE MADE SUGGESTIONS ON THE ABILITY OF THE CITY TO NOTIFY OR PLACE A LIEN ON THE PROPERTY COVERAGE CARRIER.  THERE WAS FURTHER DISCUSSION.

 

COUNCIL WAS UPDATED ON THE AQUATIC CENTER AND PRESENTED WITH THE APPROVED ORDINANCE #3622 FOR SIGNATURES PASSED IN THE JUNE 6, 2011 COUNCIL MEETING.  AN AMENDMENT TO THE SEASON PASS FORM WAS SUGGESTED AND ACCEPTED BY COUNCILMAN KIDD.  COUNCILMAN KIDD NOTED THAT THE LINE IN THE FINANCIAL ASSISTANCE AREA THERE IS A CONTINGENCY NOTED AND ASKED THAT IT BE REMOVED.  COUNCIL APPROVED THE REMOVAL OF THAT STATEMENT.

 

COMMITTEE REPORTS:

 

PRESIDENT YORK YIELDED THE FLOOR TO COUNCILMAN REID FOR PRESENTATION.

 

COUNCILMAN REID AND COUNCILMAN KIDD PRESENTED A REQUEST FOR THE CREATION OF A 3 WAY STOP AT NORTH 20TH AND HIGHLAND AVENUE.  COUNCILMAN KIDD REPORTED COMPLAINTS AND CONCERNS PRESENTED TO HIM FROM THE CITIZENS. 

 

COUNCILMAN REID TURNED THE REQUEST TO RESTORE THE SPEED LIMITS AROUND THE 7TH GRADE BUILDING TO 30MPH OVER TO ATTORNEY COPENERHAVER.  ATTORNEY COPENHAVER REPORTED THAT THERE WAS NEVER AN ORDINANCE ESTABLISHED TO REDUCE THAT AREA TO 20MPH.  ATTORNEY COPENHAVER STATED THE CITY COULD REMOVE THE CURRENT SIGNS AND REPLACE WITH THE 30 MPH SIGNS.  HE FURTHER STATED HE SUSPECTED THE SAME WOULD PROBABLY BE FOUND ON INDIANA AVENUE NEAR THE GREENSTREET SCHOOL AREA. 

 

COUNCILMAN KOGER DISCUSSED THE REQUEST TO REVERSE THE ONE WAY ON LINCOLN AVENUE.  THIS REQUEST WAS FORWARDED TO THE TRAFFIC COMMITTEE FOR RESEARCH AND REVIEW.

 

COUNCIL LADY MALONE STATED HER ONLY COMMENT WAS TO WISH PRESIDENT YORK LUCK AND CONGRATULATIONS ON HER UPCOMING WEDDING, ALL IN ATTENDANCE APPLAUDED.

 

MAYOR SMALL OPENED THE COUNCIL MEETING TO CITIZENS APPEARING BEFORE THE COUNCIL.

 
PUBLIC:
 
DANNY MARCUM PRESENTED A FLYER ANNOUNCING "COMMUNITY CLEAN UP DAYS" FROM 25TH STREET TO 18TH STREET ALONG THE RAILROAD TRACKS ON JULY 8TH  AND 9TH  FROM 8 A.M. TO 4 P.M.  CITIZENS ARE ENCOURAGED TO BRING GLOVES, SHOVELS AND RAKES, TRASH BAGS WILL BE SUPPLIED.  COUNCILMAN REID QUESTIONED IF A LIABILITY STATEMENT NEEDED TO BE SIGNED, MAYOR SMALL STATED IT WAS RAILROAD PROPERTY, NOT CITY.  MAYOR SMALL COMMENDED MR. MARCUM ON HIS CIVIC PRIDE.

     MR. MARCUM ALSO NOTED THAT A STREET LIGHT AT 24TH AND C AVENUE DOES NOT WORK PROPERLY AT NIGHT.  COUNCIL LADY MALONE STATED SHE WOULD CONTACT DUKE AND REPORT IT.

 

DALE COLE REQUESTED AN UPDATE ON THE WEED MOWING OF PROPERTIES, SPECIFICALLY ON BROAD STREET.  MAYOR SMALL STATED A CREW OF PART-TIME EMPLOYEES HAD BEEN HIRED AND FOCUS ON THE CEMETERY BEFORE MEMORIAL DAY, THEN ASSISTED THE PARKS DEPARTMENT WITH CATCHING UP WITH MOWING.  CURRENTLY THEY ARE DOING A ONE TIME CITY WIDE SWEEP FOR BULK TRASH PICK UP AND WILL BE MOVING TO WEED MOWING AS THEIR NEXT PRIORITY, NOTING BROAD STREET WAS WHERE THEY WOULD BEGIN. 

 

RON BURNS, EMS ADMINISTRATOR, INVITED ALL IN ATTENDANCE TO THE UNIT BUILDING'S 65TH ANNIVERSARY OPEN HOUSE JUNE 26, 2011 FROM 2 P.M. TO 5 P.M. 

      PRESIDENT YORK COMMENDED THE EMERGENCY SERVICES ON THEIR DEDICATED SERVICE NOTING THAT THE CITY OF NEW CASTLE HAD THE BEST SERVICE IN INDIANA.

 

PRESIDENT YORK MOVED TO ADJOURN.

COUNCILMAN REID: SECOND