Board of Works Meeting Minutes - 7/7/08
July 7, 2008 10:00 A.M.
The Pledge of Allegiance was given by all in attendance.
Prayer was given by Bud Ayers.
Mayor Small opened the Board of Works and Safety meeting
Director England moved to approve all payroll, city, water and sewer claims dated 6/30/08 to 7/7/08.
Attorney Copenhaver: second. Mayor Small: aye Aye vote: 3-0
New business:
Director England made the motion to approve a contract with Triad and Associates to do a study of the Water System Master Plan in the amount of $19,200.00. This study was due to the high water during the storms and the loss of half of the capacity of the wells.
Attorney Copenhaver: second Mayor Small: aye Aye vote: 3-0
Director England made the motion to approve an Intergovernmental contract with the South Henry Regional Waste District. He said there would be a swap of areas between the City and South Henry Waste District. Both parties would help each other in taking care of certain waste needs in certain areas south of 400 south. The City will service the Industrial Park.
Attorney Copenhaver: second Mayor Small: aye Aye vote: 3-0
Director England moved to approve a contract between the City of New Castle and the Park Board (owner) and Conby, Inc. (Dairy Queen). Conby, Inc. will be the exclusive operator of the concession stand located in the Walter Chambers Pool House, which is a part of the Aquatic Center at Baker Park. The contract will terminate as of January 1, 2009. The rent for this stand will be $750.00 plus percentage of sales for this year.
Attorney Copenhaver: second Mayor Small: aye Aye vote: 3-0
Director England moved to approve an amendment to the Towing Ordinance in the police department. The amendment is that all containers in a vehicle be searched. Locked containers will not be forced open.
Attorney Copenhaver stated that this amendment is recommended by the Prosecutor's office. To unlock a locked container would require a warrant.
Attorney Copenhaver: second Mayor Small: aye. Aye Vote: 3-0
Director England moved to approve a contract between the City of New Castle and Randy Asberry. Mr. Asberry will act as New Castle's scaffie for the downtown area.
A scaffie is an old time street sweeper with a broom and dustpan. He will be responsible for all the trash to be picked up along the sidewalks and street signs. He will also act as an ambassador for New Castle, greeting people and giving out brochures to identify places of interest. He said that Mr. Asberry agreed to do this service for $8.00 per hour, 20 hours a week.
Attorney Copenhaver: second Mayor Small: aye Aye vote: 3-0
Director England said he had a request for final payment from Hannum, Wagle and Cline, for Oberle and Associates, for the pool house. This payment comes from local funds in the amount of $320,989.77.
Attorney Copenhaver; second Mayor Small: aye Aye vote: 3-0
Director England brought forth a policy and SOP for the City of New Castle. He said
the policy had to do with punctuality and tardiness. He gave the explanation of tardiness as when an employee is not at their workstation on time as scheduled. The time will be determined by the time on the time recording on each department. Employees are considered late when the employee reports to work one or more minutes after the scheduled time. Early departure is one when the employee leaves before his or her shift is over. If an employee misses to punch in, he or she should contact her supervisor immediately. His or her time worked will be dealt with as if the employee has just arrived to work, the moment they report to their supervisor. Time missed will count as tardiness. Tardiness is a violation as a part of the five step disciplinary procedure. This will be traced on a 12-month period.
Clerk -Treasurer asked if this was for all city employees?
Director England said yes.
Director England moved to request the Board to accept this S O P.
Attorney Copenhaver; second Mayor Small: aye Aye votes: 3-0
A representative of JATECH appeared before the Board requesting a 90-day extension
on the contract that they have with the City Wastewater Pollution Control Plant. He presented an outline of several steps that would lead to positive results for the City as well as JATECH. He said that Sherri laboratory confirms up to 92% reduction in solid waste.
Director England made the motion to extend the 90 days request.
Attorney Copenhaver: second Mayor Small: aye Aye vote: 3-0
Attorney Copenhaver introduced Attorney Tony Saunders, who wished to make a presentation to the Board of Works on behalf of his client Randy Neal.
Attorney Saunders said that everyone was aware that Mr. Neal was developing a site known as Modernfold. He said that one thing that Mr. Neal has come across in the plans for this site was the zoning code and the enforcement of certain provision of that code. He asked Attorney Copenhaver what activities were permissible on this site without any special exception. He gave several exceptions and conditions to the I 2 Zoning Code. He stated that all activities Mr. Neal planned for this site would not fall outside the restrictions. Attorney Saunders said that he could assure the Board that Mr.Neal's operations will comply.
Attorney Saunders said that is why they were here today. One of the statements in the zoning code, section 152.35 describes special exceptions. Since this came out in February, Mr. Neal's operation was described as a junkyard. A junkyard requires a special exception. However, because this storage that Mr. Neal wishes to put on his property, is within the compliance of all restrictions on an I 2 district. He said that in their opinion, all the activities that Mr. Neal will engage in does not require special exception or variances. The Building Inspector would be responsible for any violations.
Attorney Saunders said what they were asking for is guidance.
Attorney Copenhaver asked Attorney Saunders to explain just what Mr. Neal intends to do with the property.
Attorney Saunders said that this operation will be on a 10 acre site. He will have indoor operations and outdoor operations. The indoor operations will be referred to as processing dirty metals, such as wire, stripped coverings and storage. There will be equipment dismantled, including cars and heavy equipment. The storage outdoors will be for iron and commodities stored; this is not considered a junkyard. Randy does not sell his commodities to individuals. This is a processing site. Nothing will stay on the ground very long.
Attorney Copenhaver asked how this would be different from his current operation?
Attorney Saunders said they were going from a 11/2 acre to 10 acres working area. 5 acres will be covered. There will be a 10-foot high metal fence and there would be no reason for anything ever to be above this fence on this site. The only thing the general public would see might be a crane or equipment.
Attorney Copenhaver said the same operation. Just the difference in the size of the site. The materials would not be as high.
Mr. Neal said that they were building a whole new facility and they believe the activities on this site are allowed.
Attorney Copenhaver stated that everybody will be treated the same by this Board. We are not being asked to make a finding about this facility. We must apply the same rules for anybody that comes before us. If Mr. Neal does not agree with our findings, there are remedies available. He said they were not here imposing their decision over what would have been a planning commission decision.
Attorney Copenhaver moved to take this request under advisement. He asked Mr. Neal if the Board of Works members could come and take a look at the site before we make a decision.
Mr. Neal said yes.
Director England: second Mayor Small: aye Aye vote: 3-0
Department Heads:
Wastewater Pollution Control Assistant Superintendent Bobby York%u2026%u2026announced that the repair of sinkholes were coming along. 15 have been completed. 14 more to go.
Water Superintendent Beach%u2026%u2026%u2026%u2026%u2026..announced that the fire hydrant flushing will begin at 6:00 a.m.. to 6:00 p.m. on Tuesday, July 8th. This will remove the pressure and rust out of the lines. We try to do this twice a year.
Park Superintendent Ayers%u2026%u2026%u2026%u2026%u2026announced that the FUN Park needs repairs. He will get proposals. He said that Councilady Goodman has offered to help, with the help of the other Council members, to raise money to restore the FUN Park to its originality.
He said the park suffered the lost of a lot of trees during the storms and there is a big stump problem and that as soon as the weather dries out the ground, they will start removing those stumps.
Fund raising ideas were discussed.
Director England moved for adjournment.
Attorney Copenhaver: second
Jim, Small - Presiding Officer of the Board of Works and Safety
Janice L. Lavarnway, Clerk-Treasurer
