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Town of Osgood Minutes

Regular Meeting
Tuesday, December 21, 2021
7:00 P.M.

Present at the meeting were Tammy Wilhoit, Steve Wilhoit, Norman Kappes, Holley Rose, Chris Kuhn, Scott White, Dale Gick, Tony Wood, and Will Wallace.

Pledge of Allegiance.

Roll Call – Lynn Fledderman was not present.

Motion to waive the reading and adopt the pre-read minutes. Holley 1st, Chris 2nd
3 ayes

Old Business: was not discussed since Lynn Fledderman was not present.

Updates on Ordinance Violation suits:

401 E. Fairground –

230 S. Buckeye –

445 N. Maple –

Commonwealth Engineers – Dale Gick gave Council a Project Update Memo:

2021 Community Crossing Project – Work is complete, payment needs to be in process by end of the year.

(1)Change Order #1 reconciles all quantities and finalizes the contract amount.

(2)Certificate of Substantial Completion sets the substantial completion date as November 19, 2021

(3)Commonwealth Task Order for Inspection Overruns – allows Commonwealth to recover the costs of inspection overruns due to O’Mara finishing construction after their contractual schedule.

Motion to approve Change Order #1, Certificate of Substantial Completion, and Task Order. Holley 1st, Chris 2nd
3 - ayes

2022 Community Crossing Project – Osgood was awarded $990,943.93: completes the milling and resurfacing, curbs, drainage improvements, ADA upgrades, parking improvements, sidewalks, driveway approaches, striping, and signage that will occur along Eckert, Shook, Wilson, Schuerman, and Morris Streets.

Downtown Project – a scope will be prepared for Buckeye Street south of railroad tracks to Ripley Street.

Water Improvements Project – OCRA application was submitted on December 17th. Award announcement will be February 10, 2022.

2021 Community Crossing Project claims:

Commonwealth Engineers - $4,124.45 for construction/commissioning and RPR

Dave O’Mara – pay application #6 for $117,806.27 and pay application #7 to release retainage for $42,854.25

Motion to approve these claims once funds are released. Chris 1st, Holley 2nd
3 - ayes

Motion to hire James Daniel Craig for the police department position. Chris 1st, Holley 2nd
3 - ayes

Scott White was present and felt he needed to inform Council of what was happening with the Ripley County Area Plan Commission and the property he just purchased. Ripley County Area Plan Commission had issued letters to Scott Burchett and Scott White concerning property on Olive Street. When Burchett built on the property in 2012, there was a problem with the neighbor and it went to the County Zoning Board. According to the County the building was not supposed to be allowed to be built, but it was and it could not be separated from the property and it was. Scott White went to the Ripley County Area Plan Commission and was told there was not an issue in Scott buying it. So Scott bought it. Two weeks after purchase, the neighbor that had issues was watching the paper and saw the property transfer. He filed a complaint with the county that it broke the variance code. The neighbor contacted Scott, told him the building was supposed to be torn down. Scott said he received incorrect information from the Ripley County Area Plan Commission. Scott purchased the building to work on farm equipment. He is now being told that in order to keep the building, he will need to build a house there. He does not want to build a house there. Scott has a meeting with the County on January 4th. Scott was also told that he could tie it on to his personal tax #, but the properties don’t touch. Scott went to the tax office and was told he can’t do that. He doesn’t know how it was done the first time because there is an alley that separates the properties.

Retroactive to November 22, 2021: Commonwealth revised Task Order for the 2021/2022 Community Crossing Grant Project.

Motion to approve. Holley 1st, Chris 2nd
3 - ayes

Lynn Fledderman reviewed the Ratio Design agreement and has suggested some changes. Ratio Design has been contacted with those changes.

The Town has received a $6,000 annual tree and mulch grant from the Reynolds Foundation. Grant Award Agreement was signed.

Ordinance 2021-7 was presented to amend vacation leave. “Vacation time must be used by the end of the calendar year and any unused vacation leave may not be accumulated from year to year with the exception that in 2021 due to the COVID-19 crisis, 10 days of vacation may be carried over to the 2022 calendar year.”

Motion to proceed under the suspension of the rules. Chris 1st, Holley 2nd
3 - ayes

First reading of Ordinance 2021-7:
Motion to approve the 1st reading of Ordinance 2021-7. Chris 1st, Holley 2nd
3- ayes

Second reading of Ordinance 2021-7: (read same paragraph above)
Motion to approve the 2nd reading of Ordinance 2021-7. Chris 1st, Holley 2nd
3 - ayes

Ordinance 2021-7 has been so duly passed.

Lynn Fledderman has prepared an Engagement Letter for Legal Services for the 2022 calendar year. Hourly rates may be adjusted annually.

Motion to approve the Engagement Letter. Holley 1st, Chris 2nd
3 - ayes

An Organizational Meeting has been set up for January 10, 2022 at 5:00 pm

Water / Wastewater - Tony Wood stated that both compliance schedules have been met. At some point he would like to discuss goals for the upcoming year.

Gas / Street - Steve Wilhoit stated that January kicks off a new project and he will be working on setting up a public meeting for all those involved.

Chris Kuhn would like to adjourn the public meeting and call an emergency executive session in reference to: IC 5-14-1.5-6.1(2)(B) and IC 5-14-1.5-6.1(6)(A)

Claims were signed.

Motion to adjourn the public meeting and go into an emergency executive session. Chris 1st, Holley 2nd
3 - ayes

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