Board of Works Meeting Minutes 7/6/2010
BOARD OF WORKS
JULY 6, 2010 10:00 A.M.
MAYOR SMALL OPENED THE MEETING OF THE BOARD OF WORKS AND SAFETY.
THE PLEDGE OF ALLEGIANCE WAS GIVEN BY ALL IN ATTENDANCE.
PRAYER WAS GIVEN BY CARY PLUMMER.
HE ASKED IF ANYONE WANTED TO COME FORWARD AND GIVE TESTIMONY REGARDING THE SALE.
NO ONE IN THE GENERAL PUBLIC APPEARED.
DIRECTOR DAVIS EXPLAINED THE SALE OF THE PROPERTY AT I6I5 INDIANA AVENUE. SHE SAID AT THE PRESENT IT IS AN ABANDONED LOT THAT THE CITY OWNS. CINERGY-METRO NET FEELS THAT THIS IS A BETTER SITE FOR THEM TO BUILD THEIR $2,000,000.00 FIBER- OPTIC HUT.
ATTORNEY COPENHAVER SAID THE SITE IS NOT USED FOR ANY PUBLIC PURPOSE. HE ASKED IF THERE WERE ANY PLANS, EITHER FROM PARKS OR UTILITIES TO UTILIZE THIS SITE FOR ANY PUBLIC PURPOSE.
DIRECTOR DAVIS SAID NO.
ATTORNEY COPENHAVER SAID THE CITY HAS HAD AN APPRAISAL. THE SITE APPRAISED FOR $19,240.00, WHICH IS BELOW THE STATUTORY LIMIT OF $25,000.00 WHICH REQUIRES COUNCIL APPROVAL. THE BOARD OF WORKS CAN CONDUCT THIS HEARING BASED UPON its OWN RESOLUTION. HE SAID HE PROPOSED THE FOLLOWING ENTRY AND READ THE PROPOSAL WHICH IS ATTACHED TO THE MINUTES OF THIS MEETING. HE SAID IT WAS IN THE BEST INTEREST OF THE CITY TO SELL SAME AND THE BOARD OF WORKS DETERMINES THAT IT IS IN THE BEST INTEREST TO OFFER THE SALE AT NOT LESS THAN THE APPRAISED PRICE OF $19,240.00. PLUS ALL COST ASSOCIATED WITH THE SALE, WHICH INCLUDES BUT NOT LIMITED TO THE APPRAISAL FEE SURVEY COSTS, LEGAL ADVERTISING, AND FINAL PREPARATION COSTS WHICH WILL SHOW THAT WE WILL NOT ACCEPT BIDS UNDER $22,000.00. HE SAID THAT THE STATUTORY PROVISION SAYS THAT NO BIDDER OR ANY ONE THAT REPRESENTS A BIDDER CAN HAVE PROPERTY IN THE COUNTY THAT HAS DELINQUENT TAXES. THE CITY SHALL RESERVE THE RIGHT AT ANY TIME TO REJECT ALL BIDS AND CANCEL SALES.
ATTORNEY COPENHAVER MADE THE MOTION THAT WE ADOPT THIS AND MOVE FORWARD WITH THE SALE.
DIRECTOR DAVIS: SECOND MAYOR SMALL: AYE AYE VOTE: 3-0
ATTORNEY COPENHAVER SAID THAT THE PUBLIC NOTICES WILL APPEAR ON JULY 7TH AND JULY 21ST AND BIDS WILL BE OPENED ON AUGUST 2, 2010. HE SAID THAT CONCLUDED THE PUBLIC HEARING.
DIRECTOR DAVIS MADE THE MOTION TO APPROVE ALL PAYROLL CLAIMS, ALL UTILITY CLAIMS AND GENERAL CLAIMS DATED 6/28/10 TO 7/6/10. ATTORNEY COPENHAVER: SECOND MAYOR SMALL: AYE AYE VOTE: 3-0
DIRECTOR DAVIS SAID THAT RATIFICATION IS NEEDED ON A RESOLUTION WHICH WAS "LEASE-PURCHASE NO. 001-0548310-302" DATED JUNE 23, 2010 IN THE AMOUNT OF $296, 159.00. THIS IS FOR THE THIRD TRASH TRUCK.
ATTORNEY COPENHAVER SAID THAT THE FIGURES FOR THIS WAS PUT INTO THE PROPOSED BUDGET THAT COUNCIL CONSIDERED AND APPROVED. THE COUNCIL WAS INFORMED OF THE NEED TO PURCHASE THIS AND THIS WAS ON THE PRINTED MATERIAL THAT WAS GIVEN TO COUNCIL AND PASSED OUT TO THE PUBLIC.
MAYOR SMALL SAID YES. IT SHOWED THE COST ASSOCIATED WITH TRASH COLLECTION.
ATTORNEY COPENHAVER SAID THIS COST IS BUILT INTO THAT FEE.
MAYOR SMALL SAID YES.
ATTORNEY COPENHAVER SAID BASED UPON THAT, HE MADE THE MOTION TO RATIFY YOUR EXECUTION OF THAT CONTRACT. DIRECTOR DAVIS: SECOND MAYOR SMALL: AYE AYE VOTE:3-0
DIRECTOR DAVIS MADE THE MOTION THAT THE CITY TAKE THE LOWEST, MOST RESPONSIBLE BID FOR THE MAXWELL COMMONS FOR THE INTERIOR FINISHES PACKAGE UNDER ADVISEMENT. S&B CONSTRUCTION WAS THE APPARENT LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER AT $242,217.00. THIS IS THE FINAL BID PACKAGE FOR THE MAXWELL COMMONS. IT CAME IN UNDER BUDGET, WE CAN PROCEED.
ATTORNEY COPENHAVER: SECOND MAYOR SMALL: AYE AYE VOTE: 3-0
DIRECTOR DAVIS SAID THERE WAS A REQUEST FOR APPROVAL OF A NSP CHANGE ORDER WITH KEMNA FOR THE EXTERIOR PRESERVATION PACKAGE, REDUCING THE OVERALL COST BY $13,500.00.
DIRECTOR DAVIS MADE THE MOTION TO APPROVE THE REQUEST. ATTORNEY COPENHAVER: SECOND MAYOR SMALL: AYE AYE VOTE: 3-0
DIRECTOR DAVIS SAID THERE WAS ANOTHER REQUEST FOR APPROVAL OF A NSP CHANGE ORDER WITH KEMNA, EXTERIOR PRESERVATION PACKAGE, REDUCING THE OVERALL COSTS BY $6,000.00.
DIRECTOR DAVIS MADE THE MOTION TO APPROVE THE REQUEST. ATTORNEY COPENHAVER: SECOND MAYOR SMALL: AYE AYE VOTE: 3-0
DIRECTOR DAVIS SAID THERE WAS A REQUEST TO BLOCK PARKSIDE/TROJAN LANE FROM 10:30 A.M. TO 11:00 A.M. ON SATURDAY, JULY 24TH, AS WELL AS A REQUEST FOR A POLICE ESCORT FROM THE HALL OF FAME TO THE BAKER PARK BASKETBALL COURTS PRIOR TO 10:30 A.M. CEREMONY. THIS IS FOR THE DEDICATION OF THE NEW BAKER PARK BASKETBALL COURTS.
DIRECTOR DAVIS MADE THE MOTION TO APPROVE THE REQUEST. ATTORNEY COPENHAVER: SECOND MAYOR SMALL: AYE AYE VOTE: 3-0
DIRECTOR DAVIS PRESENTED AN AGREEMENT OF SERVICES WITH HAMILTON ENVIRONMENTAL CONSULTING. THESE SERVICES WILL BEGIN JULY 1, 2010, WITH THE AGREEMENT RUNNING UNTIL DECEMBER 31, 2011.
ATTORNEY COPENHAVER MADE THE MOTION TO APPROVE THIS AGREEMENT. DIRECTOR DAVIS: SECOND MAYOR SMALL: AYE AYE VOTE: 3-0
ATTORNEY COPENHAVER SAID UNDER THE DIRECTION OF THE MAYOR, HE HAD BEEN ENGAGED ON BEHALF OF THE CITY WITH MR. SAUNDERS ABOUT THE PROPERTY AT 1711 I AVENUE, A BUSINESS INTEREST OF RANDY NEAL. THE EFFORT HAS BEEN MADE TO COME UP WITH AN AGREEMENT BETWEEN THE PARTIES THAT MEET THE CITY'S ZONING REQUIREMENTS SO THAT THE CITY WOULD NOT HAVE TO PROCEED WITH FURTHER LITIGATION TO ADJOIN HIS ACTIVITIES, IN ESSENCE TO PUT HIM OUT OF BUSINESS OR COSTLY LITIGATION FOR THE CITIZENS. TO COME UP WITH A WAY THAT HE COULD OPERATE WITHIN THE FRAME WORK, THE SCOPE OF THE CITY'S ZONING ORDINANCE. HE SAID IT WAS HIS UNDERSTANDING THAT HE HAD SHIFTED HIS BUSINESS TO A METAL PROCESSING FACILITY. THE INVENTORY WILL NOT STAY ON THE PROPERTY. IT WILL ROTATE EVERY 12 MONTHS. THE STACKING HEIGHT OF THE INVENTORY WHICH WILL BE BOTH NEW AND RECYCLED. IT WILL BE REPROCESSED STEEL. THE AGREEMENT IS LENGTHY AND INVOLVES SEVERAL OTHER PROPERTIES THAT MR. NEAL OWNS. IT ALSO PLACES CLEAR PERIMETERS ON THE USE OF THE 1711 I AVE.. TO COME UP WITH AN ARRANGEMENT TO ALLOW MR. NEAL TO CONTINUE TO OPERATE A BUSINESS AT THAT LOCATION, THAT MEETS OUR ZONING CODE. AFTER 4 MONTHS OF DISCUSSION, WE WERE ABLE TO ARRIVE AT A 10 PAGE DOCUMENT THAT HE THOUGHT ACCOMPLISHES THAT. WE HAVE UTILIZED THE APPELLATE COURT. IN its DECISION, AN OPINION WRITTEN BY ONE OF THE JUDGES THAT GAVE US A BLUE PRINT ON HOW TO DRAFT THIS. WE UTILIZED THAT BLUE PRINT IN DESIGNING THIS AGREEMENT. HE SAID HE WAS UNDER THE UNDERSTANDING THAT MR. NEAL WAS IN AGREEMENT WITH THIS. HE ASKED ATTORNEY SAUNDERS IF THAT WAS RIGHT.
ATTORNEY SAUNDERS SAID THAT WAS CORRECT AND HE HAD A SIGNED COPY.
ATTORNEY COPENHAVER SAID THE QUESTION NOW BEFORE THE BOARD OF WORKS IS WHETHER OR NOT THAT IT FEELS LIKE THIS AGREEMENT ACCOMPLISHES THE GOALS AND PURPOSES THAT HE HAD SET FORTH. BECAUSE HE WAS LEGAL COUNSEL FOR THE CITY, AND HIS TASK WAS TO MEET REQUIREMENTS PLACED UPON THIS, HE DIDN'T THINK IT WAS APPROPRIATE THAT HE VOTE. HE DID SAY THAT THE SETTLEMENT AGREEMENT MET WITH HIS APPROVAL AS FOR AS FORM. WE PUT ENFORCEMENT LANGUAGE IN IT THAT WORKS BOTH WAYS. IT IS ENFORCEABLE BY MR. NEAL AS WELL AS THE CITY. IT IS CLEAR AND MR. NEAL CLEARLY UNDERSTANDS ITS REQUIREMENTS AS WELL AS THE CITY DOES.
MAYOR SMALL SAID IN THE AGREEMENT, MR. NEAL WILL BE VACATING HIS SCRAP METAL OPERATIONS AT THE 17TH STREET. THAT IS A MAJOR ACCOMPLISHMENT FOR THE REVITALIZATION OF THE DOWNTOWN. THERE ARE RESTRICTIONS PLACED ON HIS GARNER STREET PROPERTY. THAT WILL BE PLEASING TO PEOPLE GOING UP AND DOWN GARNER STREET.
MAYOR SMALL SAID THAT THE PROPERTY THAT MR. NEAL IS OPERATING ON IS ZONED FOR HEAVY INDUSTRY. THERE ARE OTHER HEAVY INDUSTRIES THAT COULD HAVE GONE INTO THAT PROPERTY THAT WOULD HAVE BEEN VERY UNDESIRABLE FOR THE NEIGHBORHOOD.
HE SAID HAVING A GREEN INDUSTRY, STRICTLY METAL RECYCLING, IS A REAL PLUS FOR THE CITY.
ATTORNEY COPENHAVER SAID MR. NEAL HAS MADE IT CLEAR THAT HE WILL BE RECEIVING INVENTORY FOR OTHER MANUFACTURING SITES WITHIN THE COMMUNITY. IT WILL BE COMING IN BY RAIL AND TRANSPORTING THEM TO THE FINAL USER OF THE PRODUCT. OTHER INDUSTRIES HAVE EXPRESSED THEIR NEED FOR THAT SERVICE. THE RAIL WILL COOPERATE WITH THAT SERVICE. THIS WILL BE KNOWN AS A METAL PROCESSING CENTER.
THE USE OF THE RAIL WILL HELP WITH THE WEAR AND TEAR ON THE CITY'S STREETS.
DIRECTOR DAVIS MADE THE MOTION TO ACCEPT THE SETTLEMENT AGREEMENT BETWEEN MR. RANDY NEAL AND THE CITY OF NEW CASTLE. MAYOR SMALL: SECOND ATTORNEY COPENHAVER: ABSTAIN AYE VOTE: 2-0
ATTORNEY COPENHAVER SAID IS INVOLVED IN A CONDEMNATION ACTION FOR THE SOLE REMAINING PARCEL THAT THE CITY HAS NOT ACQUIRED OWNERSHIP OR RIGHT-A-WAY. HE SAID WE HAVE RECEIVED THE APPRAISERS REPORT ON JUNE 28TH. ON JULY 1ST, WE PAID INTO COURT THE APPRAISAL AMOUNT AND NOW THE CITY MAY PROCEED WITH THE GARNER STREET PROJECT. THAT COMPLETES ALL PROPERTY ACQUISITION. THE LAW SUIT IS NOT OVER BUT AS FOR AS CONSTRUCTION OF THE ROAD, IT'S OVER. THE AMOUNT BEING PAID TO MR. OGLE IS $38,124.00. THE CITY ALSO PAID IN THE COST OF THE APPRAISERS WHICH WAS $2,565.00 THOSE MONIES WILL BE HELD BY THE CLERK OF THE COURTS UNTIL FURTHER ORDERED.
ATTORNEY COPENHAVER SAID WE ARE IN THE NEED OF 2 NEW AMBULANCES. JAY COUNTY DID PUT OUT FOR BIDS ON AMBULANCES WHICH ARE IDENTICAL TO THE AMBULANCES THAT THE CITY NEEDS. THE CITY HAS THE MONEY IN THE NON-REVERTING FUND AND IS USED ONLY FOR THAT PURPOSE. SUBJECT TO RECEIPT OF DOCUMENTATION FROM JAY COUNTY THAT SHOWS THAT THEY MET THE STATE BIDDING REQUIREMENTS. PURSUANT TO THE LANGUAGE THAT ALLOWS US TO PIGGYBACK ON OTHER GOVERNMENTAL UNITS,
ATTORNEY COPENHAVER MADE THE MOTION THAT WILL AUTHORIZE OUR EMERGENCY SERVICES TO MAKE THE PURCHASE OF 2 VEHICLES UNDER THE SPECS GIVEN BY JAY COUNTY.
EMS DIRECTOR BURNS EXPLAINED THE NEED FOR THESE 2 VEHICLES SINCE WHAT WE HAVE IS BACK IN THE EARLY 90'S AND THE MAINTENANCE COSTS ARE VERY HIGH. THE LAST ONES WE PURCHASE WAS ON A LEASE PURCHASE AND THESE WILL BE DONE THE SAME WAY. WE ARE CHANGING TO CHEVY'S BECAUSE THE FORD'S ARE HAVING A LOT OF ISSUES.
MAYOR SMALL SAID THE MONEY BEING USED TO PURCHASE THESE AMBULANCES IS MONEY THAT CANNOT BE USED FOR ANY OTHER PURCHASE. THE MONEY COMES FROM THE INSURANCE REIMBURSEMENTS THAT THE EMS GETS FROM RUNS IN THE CITY AND COUNTY.
ATTORNEY COPENHAVER MADE THE MOTION TO APPROVE THE PURCHASE OF THE 2 NEW AMBULANCES.
DIRECTOR DAVIS: SECOND MAYOR SMALL: AYE AYE VOTE: 3-0
DEPARTMENT HEADS:
STREET COMMISSIONER RINBERGER GAVE AND UP DATE ON THE 27TH AND D AVE. PROJECT..
MAYOR SMALL SAID WE HAVE THREE YOUNG PEOPLE WORKING THAT ARE FUNDED THROUGH
STATE AND FEDERAL MONIES, THE PROGRAM IS CALLED WORK EXPERIENCE. THEY WILL WORK AT THE CEMETERY FOR THE NEXT 6 WEEKS, 20 HOURS A WEEK AND FUNDED BY UNCLE SAM. WE HAVE BROUGHT BACK 2 LAID OFF EMPLOYEES WHO ARE WORKING FULL TIME. TODAY, WE HAVE BROUGHT BACK 2 EMPLOYEES WHO ARE WORKING PART TIME.
CHIEF JIM NICHOLSON, POLICE, SAID THE MERIT BOARD HAS APPROVED THE PROMOTION OF ADRIAN DARLING TO THE RANK OF SERGEANT EFFECTIVE JULY 4, 2010.
ATTORNEY COPENHAVER MADE TO MOTION TO APPROVE THE CHIEF'S RECOMMENDATION. DIRECTOR DAVIS: SECOND MAYOR SMALL: AYE AYE VOTE: 3-0
POLICE CHIEF NICHOLSON SAID HE HAD APPROVAL TO TRANSFER JOSHUA HEDGES TO THE AREA TASK FORCE AS AN INVESTIGATOR. EFFECTIVE JULY 18, 2010.
ATTORNEY COPENHAVER MOVED TO APPROVE THE CHIEF'S RECOMMENDATION. DIRECTOR DAVIS; SECOND MAYOR SMALL: AYE AYE VOTE: 3-0
POLICE CHIEF NICHOLSON SAID HE RECOMMENDED THE HIRING OF JASON SCOTT GLOVER AND DEREK PARRISH. THEY HAVE BEEN APPROVED BY THE MERIT BOARD AND BOTH HAVE SERVED IN THE MILITARY. THEY WILL REPLACED TWO THAT HAVE RETIRED FROM THE FORCE. THEY WILL BE HIRED AS OF JULY 11TH.
DIRECTOR DAVIS MOVED TO APPROVE THE HIRING. ATTORNEY COPENHAVER: SECOND MAYOR SMALL : AYE ROLL CALL VOTE: 3-0
FIRE CHIEF MURRAY ANNOUNCED THAT HE RECEIVED THE RESIGNATION OF JAMES FLOREA FROM THE FIRE DEPARTMENT EFFECTIVE JULY 9, 2010.
CITIZENS:
THE PASTOR FROM THE CHRIST UNITED METHODIST CHURCH APPEARED BEFORE THE BOARD REQUESTING THAT K AVE BE3 BLOCKED OFF ON JULY 16TH FOR A COMMUNITY STREET PARTY.
ATTORNEY COPENHAVER MOVED TO APPROVE THE REQUEST. DIRECTOR DAVIS: SECOND MAYOR SMALL: AYE AYE VOTE: 3-0
DIRECTOR DAVIS MOVED FOR ADJOURNMENT.
ATTORNEY COPENHAVER: SECOND
