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Town of Osgood Minutes

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

Present at the meeting were Tammy Wilhoit, Norman Kappes, David Bultman, Tina Wallace, Kyle Negangard, Gene and Paula Flint, Gene Flint Jr., Lynn Fledderman, Nick Buchanan, and Will Wallace.

Pledge of Allegiance.

Roll Call – Holley Rose was not present.

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

2 – ayes

2nd reading of Ordinance 2018-1: An Ordinance Amending Ordinance §51.03 Regarding Water Connections and Taps. Verbiage was added that states: “A customer may not combine land parcels or lots to circumvent this regulation”.

Motion was made for the final adoption of Ordinance 2018-1. David 1st, Norman 2nd

2 – ayes

2nd reading of Ordinance 2018-2: An Ordinance Regulating Parking and Public Right-of-Ways. Verbiage was added that states, “With exception of Town maintenance”.

Motion was made for the final adoption of Ordinance 2018-2. David 1st, Norman 2nd

2 – ayes

Ordinance 2018-3: The Creation of a Rental Registration and Inspection was tabled from last month.

Motion was made to table Ordinance 2018-3 again. David 1st, Norman 2nd

2 – ayes

Motion was made to wait on the 2nd reading of Ordinance 2018-4, until next month so that the pricing of the signs and the timeline to get them in can be determined. David 1st, Norman 2nd

2 – ayes

Ordinance 2018-5 was presented for the 1st reading. An Ordinance creating Fund 811 for Credit Card Service Fee/Utility Payment Clearing.

Motion was made to primarily adopt Ordinance 2018-5. David 1st, Norman 2nd

2 – ayes

2018 S. Walnut Street Project claims:

Commonwealth Engineers- $17,194.73 for Bidding/Negotiating and Easement preparation

Motion to approve Commonwealth’s claim contingent upon Reynolds Foundation approval. David 1st, Norman 2nd

2 – ayes

Water Project claims:

Commonwealth Engineers - $7,500 for Construction

Motion was made to submit Requisition for Funds No. 4 to USDA for $7,500. David 1st, Norman 2nd

2 – ayes

A letter was prepared to the Indiana State Engineer for USDA to accept certification that the Town of Osgood requests and approves Mr. Robert Ross, Resident Project Representative (RPR) and Mrs. Rachel Runge, P.E., from Commonwealth Engineers, Inc., on the Water Project for RPR services. In addition, the Town requests and approves Mr. James Clevenger and Mr. Jeff Marrs, both RPR’s from Dixon Engineering, Inc.

Motion was made to approve and sign the letter. David 1st, Norman 2nd

2 – ayes

Lynn spoke with Christina DeWitt concerning the Napoleon Water negotiations. Christina had concerns over the proposed amendment. Lynn advised Council to reject the proposal.

Motion was made to reject Napoleon Water’s Amendment. David 1st, Norman 2nd

2 – ayes

Lion’s Club is requesting to be at the stoplight on May 5th.

Motion was made to approve Lion’s Club request. David 1st, Norman 2nd

2 – ayes

April 5th at 5:00 P.M. an executive session will be set up to discuss employment issues.

Water Department – Nick Buchanan stated that they had focused on getting all the new meters installed this past month and they are all in. They will be performing some testing on the meters and have placed the devices under the meter lid for protection. They have pulled meters that are no longer being used and plugged the lines. They discovered that 4 meters were discovered to have been turned on with our knowledge. The hydrants at State Road 350 and Finks have been fixed and 2 setters have been replaced. LC United started work on the water tower.

Fire Department – Kyle Negangard gave their monthly statistical report:

10 first responder EMS runs, 3 fire, and 2 motor vehicle accidents for a total of 15 runs.

February training consisted of Members participating in a pipeline safety course in Dearborn County, in house SCBA Training, Tanker operations, and 5” soft suction and hydrants. Members voted on one member to run EMS.

Gene and Paula Flint were present to express their opposition to proposed Ordinance 2018-3. Gene spoke and felt it was extorting money from working people. People are investing money in the town and the cost of everything keeps going up. They do month to month rentals because they rent to the working poor. Now when renters can’t pay their utilities or rent, they go to the trustees, churches, and ministerial associations which puts more pressure on them. If he is charged an extra fee for inspections, he is just going to pass it on to the renter. He believes that 90-95% of the rental properties are taken care of because of the investments owners have made. He believes there are only 5-10% of the rentals that will not be up to his or our standards. Government has a tendency to fix all the problems. We can’t make all the places the same. County isn’t doing their job, so the Town is trying to make new laws to make up for that. Great people work for the Town. We are blessed with the Reynolds Foundation and taking more money away from the poor. He was concerned with the designee for inspections, stated that you just can’t have anyone doing it. They have to know what they are inspecting. Flints’ are currently paying for inspections to keep insurance on their properties. He felt that just because Milan or other communities may be going this route, that doesn’t mean Osgood needs to. Where is it going to stop? Will we start requiring home inspections on disabled people and the elderly because they can’t maintain their properties anymore?

Gene Flint also requested the Council to look at shortening the amount of time people get to pay their bills before shut offs are done.

Norman thanked Gene for his comments and concerns. They will all be taken under advisement.

Police Department – Will Wallace gave Council his monthly statistical report:

10 traffic stops, 3 ordinance/civil process, 23 agency/citizen assists, 2 accidents/emergency

service assists, and 23 criminal.

He also gave Council a sample sign that could be used for the speed limit ordinance.

Claims signed

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

2- ayes

Adopted Ordinances

                    AN ORDINANCE AMENDNG ORDINANCE 51.03 
                    WHEREAS, the Town of Osgood has previously enacted an ordinance regulating water connections and taps; and
                    WHEREAS, the Town of Osgood finds it necessary to update its ordinance to prevent the combination of land parcels to circumvent the existing ordinance;
                    Item l. Paragraph E of Ordinance 551.03 shall be amended to read as follows:
                    (E) Service pipes which connect the customer's premises to the utility's water mains shall not serve more than one customer and shall not cross property boundary 
                    lines. Each lot or parcel of real estate shall be served separately by one service line from the utility's distribution main. A customer may not combine land parcels 
                    or lots to circumvent this regulation.
                    Primarily adopted by the Town Board of Osgood, Indiana, this 20th day of February, 2018; and finally adopted the 20th day of March, 2018.

                    WHEREAS, the Town of Osgood has invested funds for the upkeep and maintenance of its sidewalks and public right-of ways;
                    WHEREAS, it is in the benefit of the Town of Osgood to create an ordinance to protect its sidewalks and public right-of-ways.
                    WHEREAS, IT IS NOW RESOLVED BY THE Council for the Town of Osgood, Indiana, that CHAPTER 70: GENERAL PROVISIONS be amended to add 570.03 and 570.04 which read as follows:
                    70.03 SIDEWALKS OR PUBLIC GRASSY AREAS. With the exception of Town maintenance, no person shall park, operate or drive any motor or animal drawn vehicle upon, along or over 
                    any sidewalk or public grassy areas, except in crossing the same at driveways, or at other places where so required to enter any premises. Penalty, see S 70.99 
                    70.04 PUBLIC RIGHT-OF-WAY OBSTRUCTIONS,
                    With the exception of Town maintenance, no person shall cause or permit any structure or obstruction to be placed in, hang over, or otherwise encroach on a public 
                    right-of-way (street, sidewalks, alley, or other right-of-way), whether such obstruction be a permanent structure, or temporary obstruction, including, but not limited 
                    to, basketball and/or other sports goals, signs, mulch, dirt, or other piles of landscaping or other materials. Penalty, see 70.99
                    Primarily adopted by the Town Board of Osgood, Indiana, this 20th day of February, 2018; and finally adopted the 20th day of March, 2018.

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