Town of Osgood Minutes

Regular Meeting
Tuesday, February 20, 2018
7:00 P.M.

Present at the meeting were Tammy Wilhoit, Tina Wallace, Steve Wilhoit, Norman Kappes, Nick Buchanan, Holley Rose, David Bultman, Kyle Negangard, Tracy Boehmer, Lynn Fledderman, and Wanda Burnett.

Pledge of Allegiance.

Roll Call – all present

Motion was made to waive the reading and adopt the pre-read minutes. Holley 1^st, David 2^nd

3 – ayes

Old Business:

No updates on the Carl and David Mullikin properties.

There was also a suggestion of possibly setting up a meeting with the County Council or Commissioners to discuss Planning/Zoning. We would like to work with the County concerning their rules and regulations, but we are still receiving complaints on the Mullikin properties. It was also discussed on leaving the County Planning and Zoning and starting our own.

S. Buckeye Street Sidewalk Project claims:

Commonwealth Engineers - $25,012.01 for Construction/Commissioning and RPR.

Motion was made to approve Commonwealth’s claim contingent upon Reynolds Foundation

approval. Holley 1^st, David 2^nd

3 – ayes

2018 S. Walnut Street Project claims:

Commonwealth Engineers - $43,500 for Preliminary Design and Final Design.

Motion was made to approve Commonwealth’s claim contingent upon Reynolds Foundation

approval. Holley 1^st, David 2^nd

3 – ayes

Water Project claims:

Commonwealth Engineers - $8,550 for Construction and Tank Analysis

Motion was made to submit Requisition for Funds No. 3 to USDA for $8,550. Holley 1^st, David

2^nd

3 – ayes

Commonwealth Engineers – Tracy Boehmer presented Council with Change Order No. A-1 and B-1 for the Water Project. These change orders do not affect any of the contract amounts only the request for a temporary suspension of the contract due to the weather. This will extend the dates for the estimated substantial completion. South Walnut Project bids will be accepted until 2:00 P.M. on Thursday, February 22^nd. At 2:00 P.M. the bids will be publicly opened. If all bids are in compliance, a Special Meeting will be held Thursday, March 1^st at 5:00 P.M. to award.

Motion was made to approve Change Order No. A-1 and B-1. Holley 1^st, David 2^nd

3 – ayes

At our last meeting, Lynn was asked to look at some of the current Town Ordinances and see if they need updating to strengthen them and also look at some new ordinances that could benefit the Town. She prepared 4 ordinances for Council’s review.

• Presenting Ordinance 2018-1: An Ordinance Amending Ordinance §51.03 Regarding Water Connections and Taps. This would fix the issue with combining parcels. Lynn would also like to add the verbiage that states, “the combination of land parcels or lots”.
  Motion was made to primarily adopt Ordinance 2018-1. Holley 1^st, David 2^nd
  3 – ayes
• Presenting Ordinance 2018-2: An Ordinance Regulating Parking and Public Right-of-Ways. This ordinance will prohibit parking on the sidewalks or public grassy areas and prohibit obstruction of the public right-of-ways. Lynn will add verbiage that states, “with an exception to Town maintenance “.
  Motion was made to primarily adopt Ordinance 2018-2. Holley 1^st, David 2^nd
  3 – ayes
• Presenting Ordinance 2018-3: An Ordinance for the Creation of a Rental Registration and Inspection Program. This Ordinance would promote public health and safety with the regulation and inspection of rental properties on an annual basis. This requires the owner to maintain the rental unit in a safe and habitable manner. The Town of Milan just adopted a similar ordinance. Council would like to get more details concerning this ordinance and the process of implementing it.
  Motion was made to table Ordinance 2018-3. Holley 1^st, David 2^nd
  3 – ayes
• Presenting Ordinance 2018-4: An Ordinance Amending Speed Limits within the Town of Osgood. All streets within the corporate limits with the exception of dead-end streets 30mph. Dead-end streets within the corporate limits 20mph. Steve will get pricing on signs to be changed, we may need to wait on the second reading before final adoption.
  Motion was made to primarily adopt Ordinance 2018-4. Holley 1^st, David 2^nd
  3 – ayes

Lynn Fledderman presented Addendum #2 to the Water Purchase Agreement with Napoleon Community Rural Water Corporation. Napoleon came back and asked Lynn if the Town was still interested in extending the contract. Lynn has contacted Christina DeWitt with Umbaugh to see what the financial impact would be with the verbiage of the addendum. There were a couple areas that Lynn was not comfortable with: once purchaser has met the minimum six million gallons per month required under this agreement, it may, but is not obligated to, obtain any additional quantities needed to meet its service requirements from another source or sources other than Seller. And, at the end of this twenty-seven year term, purchaser may (a) purchase water from another supplier; and/or agree to purchase water from seller under the terms of this agreement for a second term. Lynn reminded Council that Federal Law states as long as we have a USDA Bond purchase, they cannot leave. Nick also wanted clarification on the Maintenance/Metering Equipment. The Town owns and maintains the meters, but not the building or booster station.

Motion was made to table this addendum until Umbaugh has reviewed it and clarifications are made. Holley 1^st, David 2^nd

3 - ayes

Clerk-Treasurer presented Council with an electronic online invoice presentment and payment solutions to integrate with Keystone Software. Customers could view and/or pay bills online, email reminder capability and payment confirmation receipts, web and mobile payment options, accept payments online, comprehensive paperless program, customers can see a copy of their current bill and past bills online, and there extensive administrative features that help with reconciliation, email history, and location of payments. There is a monthly access fee to be paid by the Town of $50, a paperless billing fee of $.20 per bill, and a credit card chargeback fee of $15. The customer would pay $1.95 per transaction for E-Check/ACH or $4.95 per transaction for credit/debit cards (Visa, MasterCard, and Discover). The program will be modified to fit our specific needs.

Motion to approve the addition of Invoice Cloud. Holley 1^st, David 2^nd

3 – ayes

The contract has run out on the current copier and there are issues with it performing its duties. Two quotes were received to purchase a new copier:

Impact Networking - $12, 519 + $50 per month service for Kyocera TASK alfa 3252ci
The Office Shop - $7,950 for a Copystar 3552ci. No service call fees.

Motion was made to purchase a new copier from The Office Shop. Holley 1^st, David 2^nd

3 – ayes

Due to the 2018 S. Walnut Street Project, the trees have been cut down along the street to make way for the new sidewalks. Carol Michel contacted the Town to see if hers could possibly be moved, but it was determined that they could not. Last fall, Carol had 5 of those trees trimmed by Hughes Tree Service. She would like to know if the Town could reimburse her $566.67, a portion of what it cost to actually trim them since they had to be removed.

Motion was made to approve the reimbursement of $566.67 to Carol Michel. David 1^st, Holley

2^nd

3 – ayes

Water Department – Nick Buchanan wanted to thank Rising Sun Regional Foundation again for the Brush Cutter. They had two water breaks on December 29^th and January 8^th, one on Jefferson and the other on Maple. He wanted to thank all the departments for helping with the repairs. Currently they have 150 new meters installed and will continue to work on the rest. They’ve been doing some housekeeping and organization around the plant. He now has the bench sheets on an excel program and all the guys are working well with it, which makes it easier to report to the state. He has contacted Duke Energy to discuss rebates with LED lights and will get pricing. They are continuing to work on mapping.

Gas Department – Steve Wilhoit stated that the annual leak survey will be coming up March 5^th, 6^th, and 7^th. Tim Kreutzjans will be recertified in gas.

Street Department – Steve Wilhoit stated the S. Walnut bids are due Thursday. He is still looking at replacing the Gas/Street Truck. He has been struggling getting quotes from dealers who do not want to submit. He has also been in contact with Duke Energy concerning some discrepancies with our invoicing. After he pressed issues with street lights being removed and still being billed and a discrepancy with another account, they will be refunding the Town $6,228.70. Bricktoberfest is scheduled for September 22, 2018. He would like the Town to continue with the insurance coverage and the electric expense. O.B.C will once again have their Music on the Bricks the second Tuesday of June, July, and August. Margaret Mary Health has contacted him to hold their Family Fun Night at the trails again this year. This will be their 3^rd event and it has been very successful. Steve has spoken with Kyle Negangard concerning the changing of the Winter on the Bricks to a possible lighting of the tree with a chili dinner at the firehouse.

Lynn Fledderman stated that the property at 223 N. Elm is out of bankruptcy. She asked if the Town was interested in taking it over. There are still back taxes that are due and any real estate liens. Council asked if we could negotiate with the County to see if they would waive the back taxes and the Town would clean it up. Lynn was told that the owner would deed it over to the Town. Questions arose on whether the County would be obligated to clean it up, if we did not take it over.

Motion was made for Lynn to proceed with negotiations with the County to see if the tax lien

could be waived and to contact the owner’s attorney to see about deed transfer. With the

condition that this will not exceed $3000. Holley 1^st, David 2^nd

3 – ayes

Steve also wanted to add that he has asked Lynn to look at a Right-of Ways Ordinance. We have obtained a sample ordinance and he would like all departments to review it and make changes. This ordinance would protect the investment that has been put into the new sidewalks. Utility companies are entering towns and cutting up new sidewalks, pavement, and damaging other areas in the right-of-way.

Fire Department – Kyle Negangard reported a total of 33 runs:

20 first responder, 3 motor vehicle accidents, 2 fires, 1 carbon monoxide, 2 mutual aids, 1 lifting

assistance, 1 gas leak, 1 smoke alarm, 1 down power line, and 1 landing zone. 20 of those runs

were within the town, 8 in the township, and 5 out of district.

They’ve obtained a new firehouse software system and it was implemented in January to update the Fire/EMS reports. With the new software they will be able to report to the National Fire Incident Reporting System. The old system was not in compliance. Thanks to the REMC for a grant they received to purchase 10 new fire helmets. In total there were 17 new helmet purchased all together that replaced aging equipment. The new helmets are color coded so personnel from their department and mutual aid departments can identify officers. Prior to this purchase all OVFD members wore white helmets. They took advantage of the cold weather and did ice training at the quarry. They have logged several other hours for Fire suppression, MVA’s and EMS. On January 20^th the Fire Department was dispatched to a possible fire at The Saint Florian. Upon arrival they located a very large trash fire toward the back of the property. This was a violation of Ordinance 1992-10, which the St. Florian employees were advised that the fire needed to be extinguished.

Steve expressed his concern with the Street Budget. He stated that one new street light and three new signs had been hit with damages totaling $5500. With the Street Department budget being around $10,000 for the year, he doesn’t know how the Town will handle the expenses to replace these items. He also stated that the culvert needs to be replaced at the entrance to the Water Plant with an estimate of $15,000.

Police Department – Marshal Wallace was not present but he did submit a monthly statistical report to Council. They had 36 traffic stops, 8 town ordinance/civil processes, 23 agency assists, 9 accidents/emergency service assist, and 30 criminal calls for a total of 106 calls.

Claims signed

Motion was made to adjourn the meeting. Holley 1^st, David 2^nd

3 – ayes

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