SPRING ST. HILL

Mayor England broke ground on the Spring St Hill project Friday. I know many people pushed for this street to be opened because it is one of the roads to access Silver Hills. I understand that they need quick access in case of a fire or someone needs an ambulance.

I just wish they had replaced the fire station on West Main which was torn down to accommodate the waste treatment plant expansion.

The Spring St. Hill road repair will cost $1,325,000. That's a lot of TIF money and block grants. How many people will this help? Yes, I know this was a campaign promise. But I can't help but wonder what could be done for the entire first district with ONE MILLION, THREE HUNDRED TWENTY FIVE THOUSAND DOLLARS! I can't even imagine. Just think what could be done to help Pine View School, open a community center, create a park (with a playground), repair/restore/replace dilapidated houses, the list goes on. Call me a dreamer (or a fool).

IKE GOES THROUGH NEW ALBANY

Ike is gone but the devastation remains. We finally had our power restored late yesterday afternoon after losing all of the food in our refrigerator and much of our freezer. I know this is a small loss compared to what other residents lost.

My niece and nephew, who live in Sellersburg, told me yesterday that their power may be off until Friday, they said Sellersburg is like a ghost town. And tragically a woman and baby were killed when a tree fell on their car.

My church's steeple was damaged by the wind shortly after we left Sunday. Thank God no one was there, I heard the bell crashed through the roof.

I don't know if this is a fact but I heard that Indiana-American Water wants the power to be turned off again for a time so all of the energy will be diverted to their plant so the water can be purified. If anyone has more information on this please comment. Hopefully if this happens it will be on a schedule and we the residents will be notified so we can prepare.

But through is all, I want to thank all of the street department employees for their quick removal of trees and limbs and the Duke Energy employees who worked so hard to restore our power.

I will leave this open for further comments from any readers who wish to post.

Shirley

NOISE CONTROL

I don't know about you but we enjoy sitting on our back deck this time of the year except for one thing...NOISY 4 WHEELERS, MOTORCYCLES AND ASSORTED ATV'S!!!!!!

Some of the neighbors have reported this problem but after the police officers leave it all starts up again.

So I decided to look up the ordinance on noise control and see if we have any recourse. I don't want to make enemies of my neighbors but I kind of like having my hearing intact.

So here it is:

LIGHT VEHICLE NOISE CONTROL

96.15 SCOPE

"This subchapter shall apply to the control of all noise caused by light motor vehicles and originating within the limits of the city. (71 Code, 90.10) Ord. G-79-730, passed 2-5-79)

96.16 DEFINITIONS

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. All terminology used in this ordinance, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

A-WEIGHTED SOUND LEVEL. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated db(A) or dbA.

LIGHT MOTOR VEHICLE. Any automobile, van, motorcycle, motor-driven cycle, motor scooter, or light truck with a gross vehicular weight of less than 8,000 pounds.

MODIFIED EXHAUST SYSTEM. An exhaust system in which:

1. The original noise abatement devices have been physically altered causing them to be less effective in reducing noise;
2. The original noise abatement devices have either been removed or replaced by noise abatement devices which are not as effective in reducing noise as the original devices; or
3. Devices have been added to the original noise abatement devises, such that noise levels are increased.

NOISE. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

NOISE LEVEL. The A-weighted sound level produced by a light motor vehicle.

SOUND LEVEL METER. An instrument which includes a microphone, amplifier, RMS detector, integrator or time average, output meter and weighing networks used to measure sound pressure levels. The instrument shall comply with the standard for Type 1 or Type 2 sound level meters as specified in American National Standards Institute Standard ANSI 51.4-1 91, or its successor.

SOUND PRESSURE LEVEL. Twenty times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of 20 micro pascals. The sound pressure level is expressed in decibels. (71' Code, 90.11) (Ord. G-79-730, passed 2-5-79)

96.17 CAUSING EXCESSIVE NOISE LEVELS.

(A) It shall be unlawful for any person to cause noise levels from the operation of a light motor vehicle in excess of 84 dbA in any area within the corporate limits of New Albany. Measurement shall be made on pedestrian walkways or on other suitable locations at a point closest to the street, but no less than 20 feet from the point of exhaust emission. (71' Code, 90.12) (Ord. G-79-730, passed; AM. Ord. G080-803, passed 5-5-80)

(B) In addition to the prohibition provided for in 97.07, it shall be unlawful for any person to operate a light motor vehicle which causes excessive noise levels as a result of unnecessary rapid acceleration, deceleration, revving or tire squeal. Motor vehicles may not have a modified exhaust system that is equipped with: a muffler cutout; a bypass; or any similar device. At the request of the operator of the light motor vehicle, the officer can administer a stationery motor vehicle noise test. The stationary motor vehicle noise test can provide information as to the extent of defectiveness of the exhaust system or as to whether excessive noise levels were caused by improper operation of the light motor vehicle. ( '71 Code, 89.13) (Ord. G-79-730, passed 2-5-79) Penalty, see 96.99

Cross reference: Vehicle with offensive muffler, see 97.07

96.99 PENALTY

(A) A violation of this chapter for which another penalty has not been provided shall, upon conviction, be in an amount not exceeding $50 for each offense.

(B) Every person convicted of a violation of 96.15 through 96.17 shall be punished by a fine of not less than $25 or more than $100.

(C) A person who violated 96.01 through 96.04 may be fined no more than $25 for the first offence; and no more than $50 for the second and each subsequent offence, and in addition on the second or subsequent offence a law enforcement officer may confiscate any offending instrument used in violating 96.01 through 96.04. ('71 Code, 90.99(B)) (Ord. G-79-730, passed 2-5-79; Am. Ord. A-03-53, passed 8-21-03)"

So the translation is this: If someone keeps driving down your street in a loud vehicle of any type they can be fined. Maybe my husband can yell that instead of "Slow that thing down or better yet park it".

LIGHT AGENDA/SHORT MEETING?

Tonight's City Council meeting should be quick and fairly painless. The only item on the agenda is the appropriation of the $250,000 in riverboat funds for future use.

I must agree with Kay Garry on this one. She was quoted in the "Tribune" as saying that it would take 40 to 50 days to get the appropriation approved and certified if the council found a need for these funds. And we all know they will.

This money is not going anywhere, I don't see why 4 members of the council Mr. Coffey, Mr. Caesar, Mr. Price, and Mr. Gahan voted against the appropriation plan. It just seems logical that the funds be ready and waiting for future projects. Every project must be voted on anyway.

I guess we will just have to wait and see how it goes tonight. See you there.

NOT JUST RENTAL PROPERTY, BUT ALL HOUSES

There has been much concern, rightfully, about unsafe houses. And there has been some confusion about the authority of the Building Inspector. I have a copy of Code 150.101 and will be posting sections here:

SUMMARY OF CODE 150.101

CLEANLINESS OF PREMISES

BUILDING COMMISSIONER RESPONSIBILITIES

1. Enter premises to determine compliance.

2. Determine the identity & address of landowner

3. Send written notice by certified mail.

4. Have the city remove material & vehicles.

5. File a lien against the property with the County Recorder for all costs incurred by the city for removal.

Following is an explanation of the five steps listed above:

1. To determine compliance with this chapter, the Building Commissioner is entitled to enter upon the premises of any real property within the city.

2. If the Building Commissioner determines there is a violation of this section, he or she shall send by mail, a written notice to the owner(s) of the real estate, and to all other persons holding a substantial interest in the real estate (hereinafter "landowner"), requiring removal of the material and vehicles within 20 days.

3. The notice must also inform the landowner that failure to comply will result in the city removing and disposing of the material and vehicles at the landowner's expense.

4. The notice must also inform the landowner of his or her right to appeal the Building Commissioner's determination, according to the procedures set forth herein.

5. The Building Commissioner will determine the landowner's identity from the duplicate records of the County Auditor.

I was once in favor of rental inspections but after further research I realized that we already have the laws on the books and all we need to do is enforce them. We must keep in mind that unsafe houses are not just rental properties but owner occupied homes as well.

RENTAL INSPECTION REVISITED

There was a meeting this morning with the committee formed to address rental inspections/registration and code enforcement. The members of this committee are Council Members John Gonder, Steve Price, and Pat McLaughlin and Deputy Mayor Carl Malysz.

It was surprisingly well attended with an estimated 35 to 40 citizens. Mr. Gonder lead the meeting with an outline of goals and objectives.

The first item on the agenda is the hiring of a concentrated code enforcement officer. Resumes have been submitted and the individual will be hired in the next 2 weeks. The committee anticipates a period of approximately 2 months for the individual to become acclimated to the position and to begin to take action.

There were many issues addressed today. One of the main concerns was the cost of the inspections and the fact that rental inspections do not include inspections of owner occupied homes.

Of course another major concern is the problem with absentee landlords. Mr. Hartman, the building inspector, complained that it is often difficult to determine the owner of the property so therefore he cannot confront the owner about the problem.

It is my understanding that if the city needs to mow the grass, remove an abandoned car, or anything along these lines the city can place a lien against the property to be paid along with the taxes. If the lien is not paid the city can seize the house and sell it at a Sheriff's sale.

Many of the attendents expressed their concerns about the drop in property values due to unsafe homes, drug dealers, meth labs, etc. These are very serious issues that are not dealt with in a timely manner. The committee members asked for addresses of these properties.

In all it was an effective start. Hopefully this will be the first of many such meetings and maybe someday New Albany will be a safe and clean place to live.

Readers, if you attended this meeting please add your comments. There was so much information to give but I didn't want this posting to go on forever.

Thanks,

Shirley

STEPHANIE TUBBS JONES

Today the country lost a kind and gracious Congresswoman, Stephanie Tubbs Jones.

I had the privilege of meeting Congresswoman Jones this summer when she accompanied Chelsea Clinton to New Albany. She was a special person and a friend to all Americans.