PRESENT: Warren V. Nash, President, Mickey Thompson, Member, Cheryl Cotner, Member

PRESENT: Warren V. Nash, President, Mickey Thompson, Member, Cheryl Cotner, Member


PRESENT: Warren V. Nash, president, Mickey Thompson, member, Cheryl Cotner, member

OTHERS PRESENT: David Hall, Chris Gardner, Fire Chief Koehler, Major Whitlow, Police Chief Knight, Linda Moeller, Stan Robison, Corporal Pennell, Jessica Campbell, and Mindy Milburn


Mr. Nash called the meeting to order at 10:00 a.m.



Item #1 - Marcey Bennett re: Issues with spa on the Corner of Pearl and Main

Ms. Bennett was unable to attend due to a work conflict.

Item #2 - Trenton Amburgey re: Use of Amphitheater on May 16th , 22nd and 23rd for Music Festival

Mr. Amburgey explained that they want to host a music festival at the amphitheater. He stated that they will have various acts from DJ’s to acoustics. He stted that it will be very small between 500-600 people and there will be 2-3 acts at most.

Ms. Cotner asked if they would charge admission.

Mr. Amburgey stated that they will.

Mr. Thompson asked about security.

Mr. Amburgey stated that they hire off duty police officers and try to have 1 for every 100 people in attendance.

Ms. Cotner asked if they planned to serve alcohol.

Mr. Amburgey explained that they are hiring Big 4 Catering Company and they will take care of the alcohol part of the event and it will be tented off with security.

Mr. Nash asked if he was aware that they had to have a permit through the state for that.

Mr. Amburgey state that the catering company would get all of the necessary paperwork. He explained that they would like to ask if they can change the dates because the ones that they requested were too soon for them to get it all together.

Ms. Cotner asked for the time frame.

Mr. Amburgey stated that they would start at 6:00 p.m. and they would be out by 1:00 a.m.

Chief Knight asked if the performers would be local.

Mr. Amburgey stated that they would.

Mr. Nash asked how much they would charge.

Mr. Amburgey stated that they would probably charge around $10 just to keep the crowd more responsible with people that want to be there for the music and not just to drink.

Mr. Thompson moved to take this under advisement so that they can meet with Chris Gardner and Chief Knight, Ms. Cotner second, all voted in favor.

Item #3 - Vectren re: Street Cut Permits for 1018 Cliffwood Dr-Sidewalk, 2312 Park Ave-Sidewalk, 2589 Roanoke Ave-Street Cut, 1576 Old Ford Rd-Street Cut, Albany St @ Virginia Ct-Street Cut, 1469 Slate Run Rd-Street Cut, 1813 Klerner Lane – Street Cut

Rob Philpot presented a stack of permits from the bare steal cast iron improvement project for the board’s approval.

Mr. Thompson explained that they approved this project with the stipulation that hey come back to get the permits once it was done. He stated that part of their project was supposed to be on Main Street where the City is also doing the Main Street Project and they asked Vectren to adjust their schedule to get out of the way before the City started their project and they agreed and to show their appreciation he would like to ask the board to waive those fees for that part of the project area.

Mr. Thompson moved to approve the street cut permits, Ms. Cotner second, motion carries

Mr. Thompson moved to waive the fees for part of the cast iron project, Ms. Cotner second, motion carries.

Item #4 - Jacinda Perry re: Request for dumpster permit at 515 E. Elm St.

Not Present

Item #5 - Chris Parks re: Permission to install a soil boring/monitoring well in the right-of-way to complete investigation activities required by the Indiana Department of Environmental Management

Mr. Parks stated that Creek Run Engineering is working on behalf of Supreme Oil in New Albany. He explained that it is a release from a former US T System and they are doing the investigation and remediation for this project. He stated that they need to put a soil boring and monitoring well in the right-of-way on the west side of Vincennes Street between 201 & 223. He explained that they also have a secondary location just in case any utilities prevent them from boring and that will be on the east side of Vincennes.

Mr. Thompson moved to approve, Ms. Cotner second, motion carries

Mr. Nash asked Mr. Parks if he would contact Mr. Thompson when the work is going to be done and exactly where the bore will be.

Item #6 - Geraldine Lyle re: Setting up a hot dog cart on the corner of the street

Ms. Lyle explained that she received a permit from the Health Department for her hot dog cart and was told that she had to come before this board to get permission to set up on the City streets.

Mr. Thompson asked where she would like to set up.

Ms. Lyle stated that they would set up anywhere and would just need two parking spaces to use for their set up.
Mr. Thompson stated that they don’t think the board will approve blocking off two parking spaces but they did have a vendor that set up on the corner outside the City/County Building through the week at lunchtime and he seemed to do pretty good business and asked if they would be interested in that location.

Ms. Lyle stated that would be great.

Ms. Cotner asked her what times and what days she would like to set up.

Ms. Lyle stated that they will start off Monday, Wednesday, and Friday from 10:00 a.m.-2:00 p.m.

Ms. Milburn stated that she will need to take a copy of her insurance with the City named as an also insured as well as her Health Department Permit to the Clerk’s office to get a vendors permits.

Ms. Cotner moved to approve the hot dog cart on the southwest corner of Hauss Square and Spring Street, Mr. Thompson second, motion carries


Letty Walter explained that she is a founding member of Keep New Albany Clean and Green and would like permission to speak to Larry Summers about relocating their planters that were impeding traffic and to find out what the general feeling is about the planters because they need to get them planted.

Mr. Nash explained that they don’t have a very good history regarding the planters but she doesn’t need their approval to talk to Mr. Summers. He stated when they came in to request the planters the board asked for locations and a list of those that maintain them and they only received that information after the planters were already out. He explained that they approved them on a 1 year trial basis to see how they were received and in that year they got a lot of complaints about them impeding right-of-ways, being a safety hazard because they are so low, and issues with them not being maintained. He stated that the last they heard Mr. Summers was going to meet with their board to discuss a different design and other issues regarding the planters and they haven’t heard anything back about it.

Mr. Thompson stated that Mr. Summers has met with Mr. Stumler regarding this but the ones that are stored have already been planted.

Ms. Walter asked if there were any locations downtown that these would be acceptable

Ms. Cotner stated that they are definitely in favor of flowers but they are just looking for a better design.

Mr. Nash stated that their next step would have been to talk with Mr. Summers and then come back to the board.
Ms. Walter stated that she will meet with him and see if they can work something out.

Bill Cash explained that he is here concerning sidewalks on East 18th Street and explained that between 18th and Dewy and 18th and Troy is probably the worst sidewalks in the city. He stated that there is a church that sits on the street and it has historical significance and the sidewalks surrounding this area are deplorable. He explained that they are a huge safety issue because they are unusable and people are walking in the street which is very dangerous. He asked the board for their help with this issue and invited the board to come out to the location and see the conditions that they are in and the safety issues that it creates. He explained that he knows that the City doesn’t like to do things in blighted areas but he asked that they take this under consideration.

Mr. Nash stated that their goal is to take care of the blighted areas in the City and that is definitely one of their goals.

Mr. Thompson stated that the Street Department couldn’t do this in house so it would have to be contracted out but he will go out to look at the location and see what can be done.

Mr. Hawkins stated that he is here regarding traffic control and lack thereof of Main Street. He explained that there are many vehicles that abuse their privilege to drive through a construction zone at high speeds and stated that it is very dangerous. He explained that he doesn’t understand why the City doesn’t consider this a liability and undertake some form of significant traffic control. He stated that he heard that the Board of Works was going to consider some type of traffic control plan from MAC but he doesn’t see it on the agenda.

Mr. Nash stated that he has not heard anything regarding that.

Mr. Hawkins asked what the intent of the City is regarding this issue.

Mr. Thompson explained that they are going to keep that open as much as possible because of the lengthy of the project. He stated that at some point it will be shut down but all of this was discussed in the public meetings regarding the project.

Mr. Hawkins asked if the Police Department could increase enforcement regarding the speeding issue.

Chief Knight stated that this is already being done.

Mr. Hawkins stated that it has been a sporadic effort.

Chief Knight stated that it is done when manpower permits.

Mr. Hawkins suggested that the City take a proactive approach to this issue with the traffic. He stated that the vibration and seismic impact pertaining to this project is a real concern for him and he has set up a monitor for this activity and what he has recorded during these activities spiked and he believes the limits that are placed on this needs to be reduced because of the historical area that the work is being done in.

Mr. Thompson stated that the monitoring was put in because of the historic homes.

Mr. Hawkins stated that it was

Mr. Thompson asked if he has seen any damage since the project has been started.

Mr. Hawkins stated that he hasn’t seen any thus far but that doesn’t mean that there won’t be any delayed effects.

Mr. Thompson stated that he isn’t an engineer and so they have to rely on the experts to tell them what the limits should be and they have to trust that they are doing their due diligence regarding this work.

Mr. Nash stated that they signed a contract based on the recommendations of the experts and this board is not in any position to make changes to that contract, but they do understand his position and thanked him for coming in with his concerns.

Brian Boaz 1517 Petunia Ave, Louisville KY, regarding renewal for vending for ice cream truck permit for Penguin Ice Cream.

Mr. Thompson asked if they have had a permit before.
Mr. Boaz stated that they have had someone here before and he thinks they have been doing business here for 18-20 years.
Ms. Milburn stated that she doesn’t see any previous permits for their company.

Mr. Boaz stated that he has a food service permit from Clark County Health Department.

Ms. Milburn stated that he would need a Floyd County Health Department permit and insurance turned into the clerk’s office before they could grant him permission.

Mr. Nash stated that once he gets the Floyd County Health Department Permit he could come back to the clerk’s office to get his permit.




Mr. Thompson stated that he had an incident yesterday with a door-to-door salesperson with Time Warner and when he confronted them about not having a permit to be in the City he was met with a lot of arguing from one of the individuals who basically said they are going to keep doing this because they are tax payers and he had to call a police officer. He explained that it turned out that the guy that was arguing with him had an outstanding warrant and was subsequently arrested.

Mr. Nash stated that the received a call last week regarding solicitation from AT&T as well.

Mr. Thompson stated that they may need to make a call to those companies to let them know they aren’t allowed to solicit within the City limits.

Ms. Cotner asked Mr. Robison to send out a letter to the companies regarding this issue.

David Hall stated that the Floyd county Animal Rescue League will have their annual fundraising GALA on the 18th and encouraged everyone to come out and support their organization because they are an important part of supporting the Animal Shelter.



Mrs. Moeller presented the Claims Docket for 4/25 – 5/8/2014 for approval:

General Claims (Bank 1):$39,619.66

Fire Department:$11,016.62

Police Department:$7,596.17

Street Department:$6,958.91

Parks Department:$22,268.92


Redevelopment (Banks- G,H,T,1,6,111B):$286,694.75

Medical/Drug Fund (Bank L):$0.00

Payroll Claims (Bank 2):$1,252,354.28

Sanitation Fund:$0.00

Thursday Utility Claims:$134,836.44


Additional claim:

New Albany River Stage Productions$7,500.00


Mr. Thompson moved to approve the claims, Ms. Cotner second, all voted in favor.


Mr. Thompson moved to approve the Regular Meeting Minutes for April 29, 2014 as corrected, Ms. Cotner second, motion carries


There being no further business before the board, the meeting adjourned at 11:00 a.m.


Warren V. Nash, President Mindy Milburn, Deputy City Clerk

1 Board of Works

May 7, 2014

All meetings are recorded and on file with the City Clerk’s Office