The City of New Castle, Indiana

BOARD OF WORKS      

NOVEMBER 16, 2009         10:00 A.M.

MAYOR SMALL OPENED THE REGULAR MEETING OF THE BOARD OF WORKS AND SAFETY.

THE PLEDGE OF ALLEGIANCE WAS GIVEN BY ALL IN ATTENDANCE.

PRAYER WAS GIVEN BY STEVE HACKER.

ASSISTANT MAYOR DAVIS MOVED TO APPROVE ALL CITY, WATER, SEWER AND PAYROLL CLAIMS DATED OCTOBER 9, 2009 THRU NOVEMBER 16, 2009.                                                                   

ATTORNEY COPENHAVER: SECOND        MAYOR SMALL: AYE                 AYE VOTE: 3-0

JIM COLE, MEMBER OF THE PARK BOARD, APPEARED BEFORE THE BOARD OF WORKS REQUESTING THAT THE BOARD DENY A REQUEST FROM MR. PAYNE TO MOVE THE SKATEBOARD PARK FROM OSBORNE PARK TO THE EAST BASKETBALL COURT AT BAKER PARK, TEMPORARILY.  HE SAID HE HAD SOME OBJECTS TO THIS.  HE FELT THAT SKATEBOARDING WOULD TEAR UP THE ASPHALT.  HE SAID THAT MR. PAYNE SAID THAT THE NATIONAL SKATEBOARD RECOMMENDED A CEMENT FLOOR AND DOES NOT ENDORSE ASPHALT.  MR. COLE SAID HE ASKED WHY THE CEMENT FLOOR AND MR. PAYNE SAID IT TEARS UP THE ASPHALT.  HE WAS SURE IT WOULD TEAR UP THE ASPHALT AT BAKER PARK.  MR. COLE SAID THERE MAY BE ANOTHER BASKETBALL TOURNAMENT HELD AT BAKER PARK AND THEY WILL NEED THAT EXTRA COURT FOR A WARM UP COURT.  MR. COLE SAID THAT THE PARK BOARD HAD DECIDED TO MOVE THE SKATEBOARD FROM OSBORNE PARK TO THE EAST SIDE OF THE BASKETBALL COURTS TEMPORARILY.

      MAYOR SMALL ASKED IF THERE HAS BEEN ANY DAMAGE TO THE ASPHALT AT THE BAKER PARK.

      STREET SUPERINTENDENT AYERS SAID THAT HEALTHY CITIES HAD PAID FOR THE ASPHALT AT OSBORNE PARK.

      MAYOR SMALL ASKED IF THERE HAD BEEN ANY DAMAGE TO THE ASPHALT AT OSBORNE PARK.

      PARK SUPERINTENDENT HACKER SAID HE HAD NOT SEEN ANY DAMAGE.

      MIKE PAYNE APPEARED BEFORE THE BOARD, DISCUSSING SKATEBOARDING AND A CEMENT PARK IN NEW CASTLE.  HE SAID THE ASPHALT THAT IS BEING TALKED ABOUT IS TOTALLY DIFFERENT.  IT IS SOFT ASPHALT.  THE BASKETBALL COURT IS HEAVIER AND HAS A COATING OVER IT.  HE SAID THE FELLOWS HAVE BEEN SKATING FOR OVER A YEAR AND IT HAS NOT DAMAGED ANYTHING.  

      ATTORNEY COPENHAVER ASKED WHY THE SITE AT OSBORNE PARK HAS NOT WORKED.

      MR. PAYNE SAID THAT THE SURFACE THERE HAS BEEN ROUGHED UP TO THE POINT WHERE THE OLD TENNIS COURT WAS BEFORE, IT IS NOW COMING TO THE SURFACE AND DURING THE SUMMER, IT GETS STICKY.  ALSO, BAKER PARK IS SO MUCH MORE CENTRALLY LOCATED.

      MAYOR SMALL SAID THAT THESE KIDS ARE ON TRIAL FOR TWO YEARS.  IF THEY SCREW UP, THERE WILL BE NO SKATEBOARD PARK.  THEY HAVE BEEN PUT ON NOTICE.  HE SAID HE WAS SURE THE KIDS WOULD DO THEIR BEST TO BE GOOD CITIZENS.

      A DECISION WAS MADE TO PUT UP A SIGN WITH RULES AND REGULATIONS AND PARK SKATING HOURS, AT THIS LOCATION.

      ATTORNEY COPENHAVER MADE THE MOTION TO RATIFY THE PARK BOARDS DECISION.  MAYORS ASSISTANT DAVIS: SECOND     MAYOR SMALL: AYE      AYE VOTE: 3-0

ASSISTANT DAVIS SAID THAT THREE REQUESTS WERE SENT OUT TO GRANT ADMINISTRATORS FOR THE HOME IMPROVEMENT GRANT TO THE INDIANA HOUSING.  THE ONLY ONE TO RESPOND WAS MARK AND JOYCE McCARTY OF STAR DEVELOPMENT.  AFTER THEIR FEES, $8.000.00 GRANT ADMINISTRATION, $4,000.00 FOR ENVIRONMENTAL REVIEW

PRO AND DELIVERY, $38,000.00, TESTING $12,000.00, ALL TO BE COVERED IN THE GRANT AMOUNT.  SHE SAID THEY ARE GOING FOR THE FULL $250,000.00.

      ASSISTANT DAVIS MADE THE MOTION TO GO WITH STAR DEVELOPMENT TO RECEIVE THAT GRANT.   ATTORNEY COPENHAVER: SECOND                MAYOR SMALL: AYE           AYE VOTE: 3-0

      MRS. McCARTY SAID 100% OF THE 50 OR 60 THEY HAVE WRITTEN.  SHE SAID THAT THEY HAVE 40 APPLICATIONS AND GUIDELINES ARE FOR LOW TO MEDIUM INCOME FAMILIES.

      ATTORNEY COPENHAVER MADE THE MOTION TO APPROVE THE REQUEST AS SET FORTH IN A LETTER FROM UNITED ENGINEERING, DATED OCTOBER 29, 2009, INDICATING APPROVAL OF $100,474.70, PLUS THE ESCROW ACCOUNT OF $11,163.85.  THIS IS ALL SUBJECT TO FUNDING FROM O C R A.   ASSISTANT DAVIS: SECOND               MAYOR SMALL: AYE          AYE VOTE; 3-0

BUILDING INSPECTOR LES HALL, SAID HE HAD AN APPLICATION FROM A T & T TO PUT UP A 9 FOOT SQUARE OF CONCRETE AT MAIN AND BUNDY IN THE FLOWER GARDEN.

      MAYOR SMALL SAID THE BOARD HAS NOT GRANTED ANYTHING TO A T & T OFFICIALLY.  HE SAID AT A COUNCIL MEETING, MRS. DISHMAN SAID SHE WAS BEING OFFERED MONEY TO ALLOW THEM TO PUT A SUB-STATION IN HER BACK YARD OR ALLEY WAY.  OTHERS WERE BEING OFFERED THE SAME THING.  THESE ARE POPPING UP THROUGH OUT THE CITY.  HE FELT IN SHOULD BE UP TO THE CITY TO GIVE APPROVAL.

       ATTORNEY COPENHAVER SAID IF IT WAS IN SOME ONES BACK YARD AND THEY HAVE AN EASEMENT, THERE WOULDN'T BE MUCH THAT WE WOULD SAY.  IN THE FRONT YARD, IT MAY VIOLATE OUR ZONING CODE AS BEING A STRUCTURE AS DESIGNATED IN THE FRONT YARD.  IF IT IS IN THE RIGHT-A-WAY, THERE ARE SAFETY CONCERNS.  HE SAID THIS IS CITY PROPERTY THAT THEY ARE WANTING TO TAKE.  HE SAID HE DIDN'T WANT TO STAND IN THE WAY OF PROGRESS BUT A LOT OF TIME AND EFFORT HAS BEEN PUT IN THAT CORNER BY THE MAYOR AND HIS WIFE AND MANY OTHERS IN THE PAST.

       MAYOR SMALL SAID THAT THEY WILL HAVE A T & T IN RIGHT AWAY.  HE SAID THAT HE AND ASSISTANT DAVIS HAVE SPOKEN WITH A T & T AND THEY ARE GOING TO BE THE THIRD FIBER-OPTIC NET IN THE CITY.  HE SAID THERE WAS NEW LISBON TELE COM AT THE INDUSTRIAL PARK, CINERGY METRO NET WHO IS BRINGING FIBER TO NEW CASTLE AND A T & T IS ALREADY HERE AND THEY WANT TO EXPAND. 

       ATTORNEY COPENHAVER MADE THE MOTION TO NOT TO APPROVE THE APPLICATION.   ASSISTANT DAVIS: SECOND            MAYOR SMALL: AYE             AYE VOTE: 3-0

ATTORNEY COPENHAVER SAID THAT ON THE NEW SKATEBOARD RE-LOCATION, HE ASKED TO MAKE SURE A DISCLAIMER IS SIGNED.  WE HAVE ONE AT OSBORNE PARK AND MAKE SURE THAT IS RE-POSTED BEFORE THAT FIRST KID SKATES.

      MR. PAYNE WILL TAKE CARE OF THAT.

MAYORS ASSISTANT DAVIS MOVED FOR ADJOURNMENT.   ATTORNEY COPENHAVER: SECOND