The City of New Castle, Indiana

BOARD OF WORKS      

DECEMBER 7, 2009            10:00 A.M.

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

THE PLEDGE OF ALLIANCE WAS GIVEN BY ALL IN ATTENDANCE.

PRAYER WAS GIVEN BY BUD AYERS.

ASSISTANT MAYOR DAVIS MOVED TO APPROVE ALL CITY, WATER, SEWER AND PAYROLL CLAIMS DATED DECEMBER 1, 2009 THRU DECEMBER 7, 2009.        ATTORNEY COPENHAVER: SECOND        MAYOR SMALL: AYE                 AYE VOTE: 3-0

COUNCILMAN JAMES KIDD TOOK THE FLOOR AND INTRODUCED MR. FISHER AND MR. PFEFFER, OF THE NEW CASTLE SCHOOL SYSTEM AND THEY WERE THERE TO DISCUSS THE SCHOOL SPORTS COMPLEX.  MR. KIDD SAID THEY WERE THERE TODAY TO REQUEST THAT THE CITY AND THE SCHOOL GET TOGETHER AND TALK ABOUT THE SPORTS COMPLEX.  HE SAID THAT HOPE INITIATIVE IS HOPING THAT THE SPORTS COMPLEX CAN GO OUT TO THE OSBORNE PARK LAND.  THEY THINK IT WILL BE A GOOD PLACE FOR THE COMPLEX.  REASONS GIVEN WERE: 1.  THE TAX SITUATION.  IF THE SCHOOL HAS TO BUY LAND, IT WILL COST TAX MONEY AND NOBODY IS CRAZY ABOUT THAT RIGHT NOW.  WE ARE HOPING THAT THE CITY AND THE SCHOOLS CAN COME TOGETHER AND MAKE AN AGREEMENT THAT THE SCHOOLS COULD HAVE THAT LAND FOR A SPORTS COMPLEX.  HE SAID THE GARNER STREET PROJECT THAT WILL COME OFF STATE ROAD 3, RIGHT UP GARNER STREET, ACROSS THE OGLE PROPERTY, AND OUT TO THE PARK.  THESE TWO THINGS COULD GO HAND IN HAND.

        BRAD CROWE, MEMBER OF THE PARK BOARD, APPEARED BEFORE THE BOARD OF WORKS TO ANNOUNCE THAT THE PARK BOARD HAD CONSIDERED THE REQUEST AND APPROVED THE RESOLUTION.  THE ATHLETIC DIRECTOR POINTED OUT THAT THERE ARE 210 SPORTING EVENTS THAT COMES TO NEW CASTLE HIGH SCHOOL AND JUNIOR HIGH SCHOOL.  THE LACK OF RESTROOMS AT THE GAMES IN NEW CASTLE HAS BEEN POINTED OUT BY OTHER SCHOOL PARTICIPANTS.  THE PARK BOARD IS NOW BRINGING THE RESOLUTION TO THE BOARD OF WORKS AND SAFETY FOR THEIR CONSIDERATION.

       MR. HAMILTON STATED THE CITY SHOULD CONSIDER THE ECONOMICS OF THE COMPLEX GOING IN THAT PART OF THE CITY.  HE SAID IT WOULD BE A DIRECT ROUTE FROM GARNER STREET. HE SAID HE THOUGHT IT WAS THE RIGHT THING TO DO.

        MR. STEVEN FISHER, SUPERINTENDENT OF NEW CASTLE SCHOOLS.  HE SAID THE SCHOOL WAS OFFERED 47 ACRES ON THE WEST SIDE OF NEW CASTLE.  WITH EVERYTHING LIKE IT IS, CUTTING STAFF AT THE HIGH SCHOOL, WE DIDN'T THINK WE COULD MAKE ANY KIND OF PURCHASE OF ANY PROPERTY AT THAT TIME.  HE SAID HE HAD TALKED WITH MR. KIDD AND MR. HAMILTON, AND OTHER PEOPLE, ABOUT THE CITY AND SCHOOL SYSTEM SIT DOWN AND TALK ABOUT THE LAND ACROSS FROM WILBUR WRIGHT SCHOOL.  HE SAID THE SCHOOL JUST CUT $854,000. OUT OF OUR CAPITAL PROJECTS AND THAT DOESN'T INCLUDE ANY OF THE TAXES THAT ARE COMING IN 2010 OR 2011.  WE ARE PROJECTED TO LOOSE ANOTHER MILLION POINT TWO IN 2011.  THAT DOESN'T INCLUDE WHAT THE GOVERNOR OF THIS STATE WILL DO TO US IN THE NEXT FEW MONTHS.  WE HAVE HEARD A CUT OF 5% TO A COMPLETE MONTHS DRAW ON THE MONEY FROM THE STATE.  THIS COULD BE ANYWHERE FROM 1.2 TO 2 MILLION DOLLARS.  THINGS ARE NOT LOOKING GOOD FOR ANY OF US.  WE WOULD ENTERTAIN ANY KIND OF CONVERSATION WITH THE CITY.  HE SAID AT THIS TIME, HE COULD NOT MAKE ANY PROMISES AS TO A TIME FRAME OR WHEN WE WOULD BE ABLE TO MOVE FORWARD, EVEN TO UP KEEPING THE PROPERTY.  THIS IS SOMETHING WE WOULD HAVE TO PUT A PENCIL TO.  IT WOULD HAVE TO BE APPROVED BY THE SCHOOL BOARD.  IT IS A GREAT OPPORTUNITY.  HE THANKED EVERYONE INVOLVED.

        MAYOR SMALL STATED THAT HE WAS IN FAVOR OF HAVING THE SPORTS COMPLEX ON WASHINGTON STREET.  HE SAID THEY HAD LOOKED AT THE LOWE PARK FOR TEAM ACTIVITIES RATHER THAN INDIVIDUAL THINGS LIKE YOU WOULD HAVE AT THE BAKER PARK.  IT FITS INTO LONG TERM PLANNING.  HE SAID HE HAD ONE CONCERN, IT WOULD NOT KEEP HIM FROM CASTING AN AYE VOTE BUT HE DID WANT TO EXPRESS HIS CONCERN.  HE SAID WE HAVE A HIGHER PRIORITY TO MAKE CERTAIN EACH CHILD IN NEW CASTLE DOES NOT HAVE TO PAY $150.00 A YEAR FOR TEXT BOOKS.  NEW CASTLE HAS A VERY HIGH AMOUNT TO LOW INCOME.  WE HAVE FAMILIES THAT JUST CANNOT AFFORD THAT. THERE ARE SOME PROGRAMS THAT ALLOW THESE POOR STUDENTS OR CHILDREN TO GET THEIR TEXT BOOKS FOR FREE.  HE SAID HE WAS UNDER THE UNDERSTANDING THAT INDIANA IS ONE OF A HAND FULL OF STATES

THAT MAKES THE FAMILIES OR CHILDREN BUY THEIR TEXT BOOKS.  HE SAID HE WANTED TO SEE THAT PROBLEM TAKEN CARE OF FIRST BEFORE WE WENT FORWARD WITH THE SPORTS COMPLEX.

        ATTORNEY COPENHAVER SAID THAT WAS A PROBLEM THAT THE STATE LEGISLATURE IS GOING TO HAVE TO DEAL WITH.  THAT IS SOMETHING THAT THE GOVERNOR IS GOING TO HAVE TO SUPPORT.  OUR CONSTITUTION SAYS THAT THE GOVERNMENT SHALL PROVIDE FREE PUBLIC EDUCATION TO STUDENTS.  MAKING THEM PAY FOR BOOKS IS NOT FITTING WITH THAT. 

        MAYOR SMALL SAID IT WAS HIS UNDERSTANDING THAT WHEN THE LOTTERY CAME IN, THE LOTTERY WAS SUPPOSED TO PAY FOR SCHOOL BOOKS. 

        MR. FISHER SAID THEY WERE SURE THEY WANTED TO DO THIS BUT WANTED TO MAKE SURE THEY HAD THEIR PENCILS SHARPENED AND MAKE SURE THEY ARE DOING THE RIGHT THING FINANCIALLY.  THE UNCERTAINTY OF THIS STATE RIGHT NOW, WE SAW THE GOVERNOR CUT 150 MILLION FROM UNIVERSITIES AND WE KNOW WE ARE GOING TO GET CUT AGAIN ON TOP OF THE TAX. WE HAVE TO MAKE SURE WE ARE SPENDING THE TAX PAYERS MONEY IN THE BEST POSSIBLE WAY.  THIS IS SOMETHING WE WANT TO DO; TIME WISE IS WHAT BOTHERED HIM.

        ATTORNEY COPENHAVER SAID HE THOUGHT THE SCHOOL SYSTEM WAS READY TO SIT DOWN AND DO SOME PLANNING AND IF THEY THINK THIS WOULD BE AN APPROPRIATE SITE, FOR WHAT THEY WANT, THAT IS THE TIME WE MEET WITH THEM AND SEE IF THE LAND IS SUITABLE AND IF THERE IS ENOUGH THERE.  HE SAID THERE IS A STATUTE THAT ALLOWS FOR THE TRANSFER FOR REAL PROPERTY FROM ONE GOVERNMENTAL TO ANOTHER.  IT WOULD REQUIRE LEGISLATIVE APPROVAL, APPROVED BY OUR COUNCIL AND THE SCHOOL BOARD.  THESE WOULD BE NEW ATHLETIC FIELDS NOT EXISTING SOFTBALL DIAMONDS.

        MR. CROWE ASKED IF THE SCHOOL WANTED TO DO SOME PRELIMINARY STUDY AND ENGINEERING AND ARCHITECTURAL WORK ON THE SITE, WOULD THAT BE SATISFACTORY WITH THE BOARD OF WORKS.

        ATTORNEY COPENHAVER SAID THERE WOULDN'T BE ANY PROBLEM WITH THAT BUT THE BOARD COULD NOT MAKE ANY COMMITMENTS.  HE SAID WHEN THE SCHOOL IS READY TO GET TOGETHER ON IT, OUR DOORS ARE OPEN.

        MAYOR SMALL SAID THIS WILL BE THE THIRD SUCCESSFUL APPLICATION THAT THE CITY HAS HAD FOR THE CBDG GRANTS.  THESE ARE THE GRANTS THAT ALLOW HOMEOWNERS TO MAKE REPAIRS TO THEIR HOMES IF THEY QUALIFY.  HE SAID THAT STAR WOULD RECEIVE A PERCENTAGE OF THE GRANT WE GET.  WE ARE APPLYING FOR $250,000.00.  IF WE GET THAT $250,000.00 GRANT, STAR WOULD BE PAID NOT TO EXCEED $4,000.00 FOR SERVICES RELATED TO ENVIRONMENTAL  REVIEW, NOT TO EXCEED $8,000.00 FOR GRANT ADMINISTRATION, NOT TO EXCEED $38,000.00 FOR SERVICES RELATED TO PROGRAM DELIVERY ACTIVITIES RELATED TO HOUSES BEING RE-HABILITATED AND TO BE PAID, NOT TO EXCEED $12,000.00 OR $1,000.00 PER HOME FOR ALL LEAD BASED PAINT TESTING.

        ASSISTANT MAYOR DAVIS: SECOND         MAYOR SMALL: AYE                 AYE VOTE: 3-0

MAYOR SMALL SAID NEXT ON THE AGENDA WAS AE90 SALE TO MAURIE COOK.

DISCUSSION: BUD AYERS SAID IN THE PAST, AN INVENTORY OF 4000 GAL OF AE90 AND DIFFERENT CONTRACTORS HAVE WANTED SMALLER AMOUNTS AND THE CITY HAD AN ABUNDANCE SUPPLY.  WE HAD A REQUEST FROM MAURIE COOK TO BUY 150 GALLON.  HE SAID IN THE PAST THEY HAVE DONE THAT.  HE SAID HE COULDN'T FIND AN INVOICE WHERE IT COST $1.30 A GALLON. 

        ATTORNEY COPENHAVER ASKED IF WE WERE SELLING PRODUCTS WITH PRIVATE CITIZENS.

        STREET COMMISSIONER AYERS SAID YES, BUT HE WASN'T RECOMMENDING THAT.  HE SAID HE HAD INQUIRES ABOUT IT AND THEY SAY THEY PURCHASED IT BEFORE.

        ATTORNEY COPENHAVER SAID HE HAD NEVER HEARD OF THE CITY SELLING PRODUCTS.  WE WOULD HAVE TO CHARGE SALES TAX.  WE ARE EXEMPT FROM SALES TAX.

        MAYOR SMALL ASKED IF ANYONE WOULD MAKE THE MOTION TO APPROVE.       FAILS FOR LACK OF A MOTION.

MAYOR SMALL SAID THE NEXT ITEM ON THE AGENDA WAS TERTIARY FILTER REHAB DRAW#4.   HE SAID THIS WAS A SERIES OF DRAWS THAT THEY ARE MAKING FOR THE O C RA GRANT.  REPAIRS TO THE WASTEWATER PLANT.  TO ENGINEERING AND CONTRACTING, $233,706.25.  INTO THE ESCROW ACCOUNT, $26,067.37. THIS HAS BEEN REVIEWED AND APPROVED BY THE CONSULTING ENGINEERING, UNITED CONSULTING, FOR US TO PAY THAT AMOUNT.

        ATTORNEY COPENHAVER MADE THE MOTION TO APPROVE THE PAYMENT OF THE CLAIM.     ASSISTANT MAYOR DAVIS: SECOND           MAYOR SMALL: AYE           AYE VOTE: 3-0

MAYOR SMALL SAID NEXT ON THE AGENDA WAS THE C S O MONITORING CONTRACT.   HE ASKED WASTEWATER SUPERINTENDENT HAMILTON TO EXPLAIN THIS FOR US.

        SUPERINTENDENT HAMILTON SAID BASICALLY, THIS IS A MONITOR THAT IS SUPPOSE TO DO, TO THE SECOND AGREED ORDER 6 YEARS AGO, THE CITY HAS TO MONITOR THE FLOW OF THE DISCHARGE OF THE OVERFLOW INTO THE BIG BLUE RIVER.  THIS HAS TO BE REPORTED TO THE STATE.  PRESENTLY, WE ARE MONITORING IT MANUALLY SO TO SPEAK.  WE SEND EMPLOYEES OUT, REGARDLESS WHAT TIME OF DAY OR NIGHT, WEEKENDS, TO MONITOR THOSE FLOWS.  NOW THE FLOWS ARE GIVEN BACK TO HIM AND HE HAS TO ESTIMATE THOSE FLOWS ARE GOING INTO THE BIG BLUE AND HE STATE IS REQUIRING US TO GET THEM METERED SO THEY KNOW EXACTLY HOW MUCH FLOW IS GOING INTO THE BIG BLUE. 

        ATTORNEY COPENHAVER ASKED IF WE GOT COMPETITIVE QUOTES ON THIS.

        MR. HAMILTON SAID YES.  WE HAVE HAD 4 MEETINGS WITH THE MAYOR AND OTHER COMPANIES.

        ATTORNEY COPENHAVER ASKED IF THOSE QUOTES WERE IN A FILE.

        MR. HAMILTON SAID YES.

        MAYOR SMALL SAID THE CONTRACT WAS FOR FOUR LOCATIONS.  MOUNDS NORTH, MOUNDS SOUTH, SPRING STREET AND INDIANA AVENUE.  THESE MUST BE MONITORED ALL THE TIME. THE GRAND TOTAL FOR THIS AMOUNT IS $52,835.00 AND WILL BE PAID FROM THE STORM WATER FUND

        ATTORNEY COPENHAVER MADE THE MOTION TO APPROVE THE MONITORING CONTRACT.     ASSISTANT MAYOR DAVIS: SECOND        MAYOR SMALL: AYE               AYE VOTE: 3-0

MAYOR SMALL ASKED FOR A SUMMARIZATION OF THE A T & T U-VERSE.

         SUPT. HAMILTON SAID AT THE UTILITY BOARD MEETING THIS MORNING, WE DISCUSSED THE A T & T U-VERSE INSTALLATION.  HE SAID THERE WAS SOME MIS-COMMUNICATIONS ON JUST WHAT HAD BEEN DONE AND TAKEN CARE OF.  UP TO THIS POINT, THE CITY HAS INVESTIGATED ALL BUT 2 LOCATIONS.  WE WANT TO MAKE SURE A T & T IS IN COMPLIANCE NOT ONLY WITH EASEMENTS BUT WITH THE SET BACKS THAT ARE AN ISSUE.

        MAYOR SMALL SAID HE WAS UNDER THE UNDERSTANDING THAT THERE WAS NO PROBLEM WITH THEIR LOCATIONS IN REGARDS TO UTILITIES.  VARIOUS UTILITIES LOOKED AT THE PERMITS AND THOUGHT IT WAS IN COMPLIANCE AND THE ISSUE WAS WITH ONE OF THE STRUCTURES AS SAFETY ISSUE.  THE BUILDING INSPECTOR WILL LOOK INTO IT.

        ATTORNEY COPENHAVER SAID ONCE THIS WAS DONE, THE ONES THAT DON'T HAVE PROBLEMS, GET A LIST OF SITES TO APPROVE AT THE UTILITY IMPACT BOARD MEETING.  THEN IT WILL BE BROUGHT TO THE BOARD OF WORKS FOR APPROVAL.  ONES THAT NEED A VARIANCE WILL HAVE TO BE DEALT WITH INDIVIDUALLY. THAT PROCESS WILL BE EXPLAINED TO A T & T.

DEPARTMENT HEADS:

PARK SUPERINTENDENT HACKER SAID WITH THE MAYOR'S PERMISSION, THE PARKS WILL BE CLOSED DOWN FOR THE SEASON.

STREET SUPERINTENDENT AYERS SAID HE HAD 4 SALT TRUCKS OUT ON THE STREETS PLUS HIS MEN ARE PICKING UP TRASH ON THE REGULAR ROUTES.

      MAYOR SMALL SAID THAT THE TRASH PICK UP SCHEDULES FOR THE HOLIDAYS WILL BE IN THE UTILITY BILLINGS.

ATTORNEY COPENHAVER MOVED FOR ADJOURNMENT.

ASSISTANT DAVIS: SECOND