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									THE COMMON COUNCIL OF THE CIVIL CITY OF NEW ALBANY,
INDIANA, WILL HOLD A REGULAR COUNCIL MEETING IN THE THIRD
FLOOR ASSEMBLY ROOM OF THE CITY/COUNTY BUILDING ON
MONDAY, JULY 6, 2009 AT 7:30 P.M.

The meeting of the New Albany City Council was called to order by President Dan
Coffey at 7:30 p.m. The meeting opened with the Lord’s Prayer and the Pledge of
Allegiance.

MEMBERS PRESENT: Council Members Mr. Caesar, Mr. Price, Mr. McLaughlin, Mr.
Gahan, Mr. Gonder, Mrs. Benedetti, Mr. Messer, Mr. Zurschmiede and President Dan
Coffey.

ALSO PRESENT: Stan Robinson, Council Attorney, Marcey Wisman, City Clerk

ALSO: Deputy Mayor Carl Malysz, Scott Wood, Planning and Zoning Director, Brad
Kessans, Utility Director, Tim Marinaro, City Engineer, Mickey Thompson, Street
Commissioner

CALL TO ORDER:

PRAYER AND PLEDGE OF ALLEGIANCE:

ROLL CALL:

APPROVAL OR CORRECTION OF THE FOLLOWING MINUTES:

Mr. Price moved to approve the June 18th meeting minutes, Mr. McLaughlin
second, all voted in favor.

Mr. Gonder made a motion to move the CF-1’s up on the agenda, Mr. Messer
second, all voted in favor

COMMUNICATIONS – PUBLIC:

Cliff Staten Woodfield Drive stated that on June 26th they received a call from their son
that their basement was flooded with sewage and he later found out his neighbors got
about a foot of sewage in their homes and destroyed a lot of property. He explained that
he knows the city has tried to address these issues and he wants to know what caused this
and if it will happen again because insurance in limiting the amount of liability they can
claim. He stated that he spoke to Brian Dixon and was told that this was basically an act
of God and absolved himself of any responsibility and he would ask the city to look into
this matter further not only taking responsibly but looking at the cause of this situation.

Michael Smith Woodfield Drive stated that he hasn’t lived in the neighborhood very
long but he never saw any problems with the creek before now and was told that the
inflow in the pipes is bad and it gets clogged up and that in turn backs the sewage
pipes and asked the council to look into the matter

Nathan McGarvy 920 Castle Wood stated that he has been in constant contact with the
sewer and storm water board and their home has been flooded 6 times in the last 4 years.
He explained that this last time it was bad enough to force them from their homes and
over the years they have lost a large amount of property. He stated that he just wanted to
come before the board and ask the council to please look into this matter.

Tom Risico Cambridge Drive stated that he has had almost 4 foot of water in his back
yard for the last 25 years and he has just had to put up with it but this last time it flooded
his basement. He submitted photos to the council of the damage and asked that they look
at the photos and help the citizens out.



                                                                                 City Council
                                                                                 July 6, 2009

        All public meetings are taped and can be reviewed in the City Clerk’s Office
Peg Fey spoke for her elderly mother that lives on Woodfield Drive and explained that
they had about 3-4 inches of sewage that came into their basement and were told the
same thing, that it was an act of God. She stated that she doesn’t understand how this
could happen with a closed system and observed that they were working on the lift
station that week and she would like to know if the station was working properly. She
explained that her mother lost quite a bit of property and they were told years ago that
they would not have to use the shut off system that they had installed before. She stated
that it is difficult to get insurance for this kind of damage especially after they were told
this would not happen and they are looking to the city to compensate for this damage and
find a solution to the problem.

Marilyn Shoemaker Lynnwood Drive stated that she has had her basement flooded 5
times in the last 3 years and this last time it moved her shed in her backyard that housed a
riding lawn mower and other heavy equipment. She explained that she thinks the problem
is the new drainage that was put in at Melwood and nothing else was done in the
surrounding area so all that extra water is unable to be handled by the drainage in their
area. She asked why these pipes weren’t looked at and was told there is no money for it
and while she respects that he property is very important to her and they need to find
some solution.

Randy Rail Woodside Drive stated that he is not one to complain but it is getting to be
too much to handle and he is quite surprised at the number of residents here with the
same problems because thought this was simply an issue in his area. He stated that he has
always had water in his back yard but it has gotten worse and worse over the years and he
would ask that they make an effort to figure out what has changed and help them resolve
this issue.

Bob Dallman passed out photos of the damage done to his property on Millwood Drive
and sated that he has a vacant lot next to him that he thinks may be causing his folding
problem and he doesn’t know what the solution is but he would think that condemning
the property would affect the issue because if they build a house on that property it will
affect them even worse than what is going on now.

Sonja Brummit Rita Drive stated that she woke up to sewer water in her home and it
totaled $15,000 in damage and they had to move her elderly mother to a nursing home
because of the health issues. She stated that she has not had any problems in 19 years and
these issues are just coming up and they are asking the city to take responsibility for these
issues and find a solution.

Bob Chism Holy Drive stated that he has a storm water issue and he spoke with someone
from the Storm Water Board and was told someone would get back in touch with him and
he has never heard back from them. He explained that his garage has flooded 3 times in
the last month and it is simply a run off issue and was told that he needed a catch basin
there but they are too expensive to install and he would like some help from someone to
come out and look at the issue and help him out.

Paul Etheridge Lilly Drive stated that he is speaking on behalf of his daughter who lives
on Hickory and the problem she has is that the creek is stopped up and needs to be
cleaned out and the City needs to invest in putting forth the manpower and hours to get
this cleaned up and that will alleviate some a lot of the issues. He stated that he will do
what he can and work with Stumler to help the city as much as he can but the city is
going to have to do their part.

Leanna Humphry Elmwood Avenue stated that they have had issues off and on but in
September of 2006 they had about a foot of water in their home and did about $30,000
worth of upgrades and the recent rain has caused more flooding and it is ruining the work
that was done on her home. She stated that she has spoke to the storm water and sewer
board and really hasn’t found any answers and she asked for the councils help in figuring
out the issues in this area. She thanked the Fire Department and the Police Department
and praised them for all the help they gave to all of the neighbors in that area during all
this flooding.

                                                                                City Council
                                                                                July 6, 2009

        All public meetings are taped and can be reviewed in the City Clerk’s Office
COMMUNICATIONS – CITY OFFICIALS:

Mr. Gahan thanked the residents for coming and sharing their stories and he shared
some additional photos from other individuals that weren’t able to make it to the meeting.
He stated that this is a conversation the council should have had a long time ago because
they have known about these problems for a long time. He stated that they have been told
that this is an act of God and that might be the case but the city still has to play a role in
correcting this issue and reimbursing these individuals for the loss of their property. He
explained that these residents have been sent to different boards and were told there is no
money and that is why he created this resolution as a band aid and he is not certain he is
going to introduce this because the public did not know about this resolution and he
thinks it might not be enough to cover the losses but he wanted them to know that he
would be back with an ordinance whether or not he introduces the resolution tonight.

Mr. Caesar stated that he feels like Mr. Gahan in so far as there are many residents that
are not represented here tonight and he does not think this is enough money. He
explained that they have to realize the area that they live in and large amounts of rain
water cannot be overlooked as a sporadic event.

Mrs. Benedetti stated that they could go to the administration to pick up a tort claim to
file for the things that were lost so that will prioritize the losses.

Mr. Price stated that the city used to have a hotline that the citizens to call if they saw the
sewage bubbling over and they could reactivate that hotline and have city employees go
out to turn these valves and they need to get with the Planning Commission about the role
development plays in these drainage problems.

Mrs. Benedetti stated that she think that the administration has good people working on
this right now and they have just recently taken this back in house but they should have
some confidence in the fact that there are good people working on this and they do care
about the issues, it will just take some time.

COMMUNICATIONS – MAYOR

Mayor England addressed the board and expressed concern for all of the citizens that
came to the meeting that were dealing with flooding issues. He stated that his staff is
working at a minimum and everyone is doing the best job that they can but unfortunately
some poor decisions that were made before he came into office are restricting what they
can do to help out in these emergency situations. He stated that the council cannot keep
taking money out of EDIT and they need to increase the rates for sewer and storm water.
He explained that he knows this isn’t a popular approach but if they want to have funds
for all of the improvements that are necessary then they will have to take this step.

APPOINTMENTS:

APPROVAL OF CF-1 FORMS:

               Lee Supply Corp, Compliance with Statement of
               Benefits, Referencing R-06-37 (RE)

Mr. Messer moved to approve, Mrs. Benedetti second, all voted in favor

               Richard & Kelly Fust, Compliance with Statement
               of Benefits, Referencing R-03-28 (PP)

Mr. Zurschmiede moved to approve, Mr. Messer second, all voted in favor




                                                                                 City Council
                                                                                 July 6, 2009

        All public meetings are taped and can be reviewed in the City Clerk’s Office
               Lumley Enterprises, Inc., Compliance with Statement of
               Benefits, Referencing R-04-36 (RE)

Tabled
               Joseph T & Teresa L. Zeller, Compliance with Statement
               Of Benefits Referencing R-99-34 (RE)

Mr. Messer moved to approve, Mr. Gonder second, all voted in favor

               Samtec, Inc, Compliance with Statement of Benefits
               Referencing R-02-15 (PP)

Mr. Price moved to approve, Mr. McLaughlin second, all voted in favor

               S & J Percision, Compliance with Statement of Benefits
               Referencing R-04-24 (RE), R-05-48 (RE) and R-04-37 (PP)

Mr. Messer moved to approve, Mr. Gonder second, all voted in favor

               Product Specialties, Inc., Compliance with Statement
               of Benefits Referencing R-98-14 (PP)

Mr. Caesar moved to approve, Mr. McLaughlin second, all voted in favor

               Morency Real Estate, Compliance with Statement of
               Benefits Referencing R-02-35 (RE)

Mr. Gonder moved to approve, Mr. Messer second, all voted in favor

               Hitachi Cable Indiana, Inc., Compliance with Statement of
               Benefits Referencing R-07-26 (RE & PP, 08 pay 09), R-07-26
               (RE & PP, 09 pay 10), R-06-36 (RE & PP), R-05-46 (PP) and
               R-05-47 (PP)

Mr. Gahan moved to approve, Mrs. Benedetti second, all voted in favor

               Sunnyview, LLC, Compliance with Statement of
               Benefits Referencing R-01-09 (RE)

Tabled


INTRODUCTION OF ORDINANCES AND RESOLUTIONS:                               READING

R-09-16        Resolution To Appropriate E.D.I.T Funds                    Gahan
               To Assist Residents With Damages Caused
               By Recent Storms And Flooding

Tabled.

Mr. Gahan stated that while he doesn’t think this is enough he doesn’t want them to
think they are putting it on the back burner

A-09-09        Additional Appropriation Ordinance from the                Zurschmiede 1
               E.D.I.T. Fund for the Police Department

Mr. Zurschmiede moved for the first reading of A-09-09, Mrs. Benedetti second, the
motion did not pass with five nay votes from Mr. Caesar, Mr. Price, Mr.
McLaughlin, Mr. Gahan and Mr. Gonder and 4 aye votes from Mrs. Benedetti, Mr.
Messer, Mr. Zurschmiede and Mr. Coffey


                                                                            City Council
                                                                            July 6, 2009

         All public meetings are taped and can be reviewed in the City Clerk’s Office
Mr. Gahan stated that he doesn’t know anyone that doesn’t support more officers on the
street but as of now the 2009 is not certified and it makes sense to wait until they have the
budget hearings until they dedicate this money.

Mr. Caesar stated that he agrees with Mr. Gahan
Mr. Price stated that he thinks that right now they need to watch the money because they
don’t even know if they will have this in the future.

Mrs. Benedetti stated that this is a necessity for the police and they need to take back
their street. She explained that there is an annexation coming up and they will not have
the man power to

Mr. Messer stated that some think that there is not as much crime as reported but they
are going to have a large group of police officers retiring and they are not going to have
replacements if they do not start building the force.

Mr. Zurschmiede stated that he appreciates the difference of opinions as well as the
mayors comments on the money it takes to operate other departments but he crime is a
huge problem in this city and the police came to them with and it is a huge sum of money
but he feels like they have to do right now to

Mr. McLaughlin stated that he was up in ______ and describe an article they saw in the
paper where the Fire Department addressed the council to have 1/2 % cut out of their pay
and their departments recognized the dire situation of the economy and it is the same
situation for New Albany. He stated that he agrees with Mr. Gahan that they need to wait
until the budget hearings to make any decision.

Mr. Coffey stated that he would like to reiterate what Mr. Messer talked about because
2-3 years from now this council is going to take the blame when they are operating with
1/3 of the force they have now because they did not have the foresight to see this coming.
He explained that there seems to be some confusion about the general fund and the
budgets because there will never be enough in the general fund so if they wait for that it
will never happen. He stated that crime is on the rise and it will not stop rising until the
economy gets better.

Mr. Gonder stated that he thinks they may have to find the money for this but he doesn’t
think it is going to make a huge difference if they put it off until after the budget
hearings.

Mrs. Benedetti pointed it out that it would take a lot longer to get it back on the agenda
than just a couple of weeks.

G-09-13        Ordinance Authorizing the City of New Albany,                 Benedetti 2&3
               Indiana to Issue its “Taxable Economic Development
               Revenue Bonds of 2009 (Kemper Project)” and
               Approving Other Actions in Respect Thereto

Mrs. Benedetti moved for the second and third reading of G-09-13, Mr.
Zurschmiede second, all voted in favor. Bill No. G-09-13 becomes Ordinance G-09-
28

MISCELLANOUS ITEMS:

ADJOURN:

There being no further business to be heard, the meeting adjourned at 9:09 p.m.



                                                 ______________________________
                                                  Dan Coffey, President

                                                                               City Council
                                                                               July 6, 2009

        All public meetings are taped and can be reviewed in the City Clerk’s Office
                                            Common Council, City of New Albany

ATTEST: ___________________________
        Mindy Milburn, Deputy City Clerk




                                                                         City Council
                                                                         July 6, 2009

      All public meetings are taped and can be reviewed in the City Clerk’s Office

								
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