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A regular meeting of the Philip City Council was held on Monday, May 5, 2008 at 7:00 p.m. in the Community Room of the Haakon Co. Courthouse
Present were Mayor John F. Hart, Finance Officer Monna Van Lint, Council Members Shirley Chin, David Schofield, Dan Walker, John Kangas, Monte Palecek and Michael Vetter. Also present were Deputy Finance Officer Brittany Smith, Public Works Director Tom Lesselyoung, Utility Coordinator Carol Schofield, Police Chief Kit Graham, Del Bartels with the Pioneer Review; and later, Street/Sewer Supt. Rick Coyle, Rod Senn with Kadrmas, Lee & Jackson, Brad Wilson with the SDML Workers' Compensation Fund, City Attorney Gay Tollefson; and, Dave Baxter and Fred Folsom with Waste Connections dba Walker Refuse.
Absent: none.
Motion was made by Walker, seconded by Palecek to approve the agenda as presented. Motion carried.
Motion was made by Kangas, seconded by Walker to approve the minutes of the last meeting as published by the Pioneer Review. Motion carried.
Motion was made by Palecek, seconded by Vetter to approve payment of the bills from the appropriated funds. Motion carried.
Gross Salaries - Apr. 30, 2008:
Gross Salaries: Adm. - $4293.46; Election - $357.00; Public Works - $2858.26; Police - $5350.79; Sewer - $524.00; Street - $4766.66; Rubble Site - $228.52; Water - $2031.46
AFLAC Employee Supplemental Ins.- 04/08 221.28
EFTPS S.S., Medicare, Withholding- 04/08 4827.41
SDRS Employee Retirement- 04/08 2560.59
Additional Bills - April 2008:
Philip Health Services, Inc. Pre-Employ. Drug Test - 04/08 30.00
SD Assoc. of Code Enforc. (1) Reg. - 04/08 50.00
SD Mun. Street Maint. Assoc. (1) Reg. - 04/08 25.00
Airport Improv. Project:
Kadrmas, Lee & Jackson, Inc. Prelim. Design/Surveys thru 4/5/08 6910.87
Ash St. Improv. Project:
McQuirk Ditching Backhoe Sewer - 03/08 484.50
This Month's Bills:
Alltel Cell Phone 03-04/08 77.98
Bad River Rural Water Systems City Shop Water 03-04/08 23.50
Best Western Ramkota (1) Room - 04/08 77.00
Black Hills Ammunition P.D. Ammunition - 04/08 239.50
Cenex Harvest States Fuel - 04/08 272.63
Century Business Products, Inc. Copies - 04/08 9.64
CNH Capital Sewer Truck Repairs - 03/08 442.01
Coyle's Super Valu Supplies - 04/08 11.00
Dakota Care Ins. Employee Health Ins. - 05/08 7350.31
Delta Dental Ins. Employee Dental Ins. - 05/08 522.50
1st Nat'l Agency FO Bonds 05/08-05/09 567.25
1st Nat'l Bank - Philip Postage - 05/08 95.00
1st Nat'l Bank - S.F. SRF Loan #01 Pay #138 - 05/08 3591.18
SRF Loan #02 Pay #114 - 05/08 2163.90
SRF Loan #03 Pay #17 - 05/08 2223.41
Fitzgerald Oil Co. Fuel - 04/08 104.16
Flowers of Fortune (Schofield, Anita) Cust. Deposit Refund - 05/08 100.00
Golden West Telephone/Internet 04-05/08 588.02
Gov't Finance Officers' Assoc. ( 2) Reg. - 05/08 150.00
Haakon Co. Treasurer Office Rent - 05/08 60.00
Haakon Co. Young Women Calendar 2008/2009 6.00
Hawkins, Inc. Pool Chemicals/Supplies - 04/08 1024.89
HD Supply Waterworks Meters/Supplies - 04/08 963.34
Holiday Inn - Spearfish Rooms - 04/08 128.00
Ingram Hardware Supplies - 04/08 47.54
Ingram Pest Service, Inc. R.S. Pest Control - 04/08 75.00
Lesselyoung, Tom Mileage Reimb. - 04/08 148.00
McQuirk Ditching Backhoe Water - 03/08 351.90
Morrison's Pit Stop Fuel - 04/08 144.74
NAPA Auto Parts Supplies - 04/08 21.98
Qualifications Targets, Inc. P.D. Supplies - 04/08 15.33
Philip Standard Fuel - 04/08 1112.55
Pioneer Review Publishing - 04/08 1043.52
SD Dept. of Revenue Sales Tax Payable - 05/08 298.93
Water Coliform Testing - 04/08 12.00
Sewer Lagoon Testing - 03/08 219.00
SD Human Resource Assoc. (2) Reg. - 05/08 70.00
Tollefson, Gay Attorney Retainer - 05/08 150.00
Triple XXX Spraying Waggoner Spraying - 04/08 218.00
USDA RD Loan Pay #41 - 05/08 3069.00
Van Lint, Monna Mileage Reimb. - 04/08 16.28
VISA - UMB Bank Travel Exp/Postage 03-04/08 95.61
Waste Connections dba Walker Refuse Residential Collection - 04/08 4194.87
Dumpsters - 04/08 119.60
West Central Electric Electric Charges 03-04/08 2505.27
WR/LJ Rural Water 3,478,000 gals - 04/08 4347.50
Contract Min - 04/08 3000.00
Old Business:
PWD Lesselyoung noted that there was no update on the Ash St. sewer line as he is till waiting for John Heltzel to relocate the sewer lines at 302 and 304 Ash St.
The final Community Development Block Grant documents have been completed for the School Drainage Project and will be submitted to the Governors' Office of Economic Development for review. The City has applied for $300,000 in funding for the project.
New Business:
Airport Engineer Rod Senn with Kadrmas, Lee & Jackson reviewed the bids received for the Airport Snow Removal Equipment (SRE) building and windcone upgrades project that were opened on Wed., April 30th, 2008, at 4:00 p.m. The engineer's estimate was also reviewed.
DHD Construction $103,798.63
Buskerud Construction, Inc. $118,000.00
Western Winds, Inc. $147,408.97
Tru-Form Construction, Inc. $176,581.18
Engineer's Estimate $165,738.00
In reviewing the low bid of DHD Construction, it was noted that Mr. Senn had visited with City Attorney Tollefson as well as the contractor about irregularities noted on his bid from the actual project specifications outlined within the bid. Unfortunately, the specification documents require and outline the acceptable bidding formats and do not allow for deviations from them. The contractor understood this and has submitted a notice asking the City to formally withdraw his bid for this project. The Finance Officer was authorized and directed to return DHD Construction's surety bond.
Mr. Senn went on to state that he would recommend awarding the bid to the second lowest bidder, Buskerud Construction, Inc. in the amount of $118,000, contingent upon the SD Dept. of Transportation (DOT) and the Federal Aviation Administration's (FAA) approval. It was further noted that this bid is still well below the engineer's estimate.
Council Member Kangas questioned the difficulty of the bid process for the project? According to Senn, there is more paperwork and regulations for a project that receives funding from the SD DOT and FAA.
Motion was made by Kangas, seconded by Schofield to award the bid to Buskerud Construction, Inc. in the amount of $118,000 contingent upon SD DOT and FAA approval. Motion carried with all members voting aye.
Mr. Senn went on to request that Council authorize Mayor Hart's signature on the pre-application for the 2008 Airport Grant in the amount of $165,000. It was noted that this is the next step and the formal commitment will take place following the SD DOT and FAA approval of the project.
Motion was made by Vetter, seconded by Kangas to authorize Mayor Hart's signature on the pre-application for the 2008 Airport Grant. Motion carried.
Council was advised that the FAA has officially recognized the Airport's Wildlife Fence and Apron Expansion projects closed.
At 7:15 p.m., Brad Wilson from the SDML Workers' Compensation Fund presented the Council with a quote for the City's Workers' Compensation Insurance in the amount of $6,776 per year. He stated that the quote was compared to the City's current policy held by Continental Western Insurance. The current policy is costing the City $9,537 per year and in cost comparison, the City could save $2,761 per year by changing providers.
The proposal was presented with an effective date of June 1, 2008. Should the City approve the change of providers and cancel their current policy at this time, the City is expected to save approximately $1,084 in 2008 after payment of early cancellation charges as the policy renews in January of each year.
Mr. Wilson reviewed other benefits the City will receive as a member of his company. To name a few: a renewal credit every January; a 9% loss control credit ; $2 million claim limit; volunteer firefighters accidental death and dismemberment benefit; equity credits after a full year; out of state coverage for firefighters; and safety programs. He stressed that the fund is financially stable in handling claims and the money stays in South Dakota.
He then reviewed the estimated costs for 2009 based on the 2008 rates. Following a 15% renewal credit as well as a 9% loss control credit, the cost would be $5,824 which would be a savings of $3,713 from the current policy.
Council Member Vetter questioned the loss control credit and if an on-site survey would be completed once the City approves the quote?
Mr. Wilson advised that an on-site survey would be completed and with the City's experience modifier, he foresees no problems. Furthermore, the loss control credit could still be issued if the City is making progress on the areas that need to be fixed or improved for compliance.
Mr. Wilson questioned if the City was still interested in keeping their current agent and if so, an agreement would need to be established as well as their agent fees being incorporated into the quote.
Mr. Wilson noted that the City will need to provide a history of claims from the previous three years if the Council approves changing the insurance to the SDML Workers' Compensation Fund.
No action was taken by the Council at this time.
Mayor and Council thanked Mr. Wilson and he left the meeting.
At 7:30 p.m., as previously advertised, a public hearing was held on the application of John Heltzel on behalf of Eric Heltzel for a variance to the building regulations ordinance #11-402(a), rear yard depth. Application was made for a variance on the south side of Lot 02, Block 26, Original Town, City of Philip, South Dakota, to occupy the north seventeen feet (17') of the required twenty-five feet (25') rear yard depth.
It was noted that the variance will not affect any other property owners and is needed for a proposed addition to the existing structure. The rear yard of this property abuts the D.M. & E. Railroad right-of-way, with no alley access in the rear. Granting a variance to the rear yard requirement should not adversely impact the neighborhood or the abutting property owner - D.M. & E.
Following review, motion was made by Walker, seconded by Palecek to approve the requested variance as presented. Motion carried with all members voting aye.
Council reviewed a building permit presented by Victor Franklin to occupy the City's right-of-way on W. Pine St. for a mail box installation. As this area is not within City limits, City Ordinances do not apply, but due to the fact that the City has recently taken ownership of the West Pine Street spur to Highway 14, the City now does have control of the right-of-way there. Due to this fact, Council was advised that permits to occupy the City's right-of-way should be required in this area as well as the Stanley Avenue areas to the north and west.
Following review, motion was made by Kangas, seconded by Walker to approve Mr. Franklin's permit to occupy City right-of-way for the placement of a mail box as presented. Motion carried.
A building permit and flood plain development permit filed by John Heltzel on behalf of Eric Heltzel were reviewed. The permits include the removal of a 8' x 10' back entry, a 20' x 20' addition with a 10' x 10' concrete cellar underneath the addition and raise existing structure 2.2'. It was noted that the construction will take place in the established flood plain and the proposed 10' x 10' cellar is not acceptable as it is considered a basement according to City Ordinance #16-5.2-1 as well as the Federal Emergency Management Association (FEMA) regulations.
Following review, motion was made by Walker, seconded by Palecek to approve both of Mr. Heltzel's permits as presented with the exception of the cellar as it is not in compliance with the regulations as stated above. Motion carried.
A building permit and flood plain development permit filed by Philip Pearson was reviewed. The permits include the removal and replacement of the existing foundation with a new foundation and to move a 10' x 16' storage shed from 405 N. Larimer Ave. to 310 W. Pine St. and place on a concrete slab. This work will also be in the established flood plain and complies with all of the regulations as it is not a basement, only a foundation.
Following review, motion was made by Palecek, seconded by Kangas to approve Mr. Pearson's permits as presented. Motion carried.
Motion was then made by Kangas, seconded by Palecek to approve a building permit presented by Mike and Doreen Vetter for a 20' x 20' deck. Motion carried with Council Member Vetter abstaining.
Council went on to review the remaining building permits: Tiana Fitch - install 3ft sq. business sign; Haakon Co. Young Women - pour concrete barrier around existing play equipment, install new equipment, haul in more rock and correct drainage issues; Gay Logan - remove & replace existing 45' x 4' concrete sidewalk; Ron Mann - pour concrete between boulevard area and sidewalk on south side of property; Keven Morehart - install 16' x 48' concrete driveway; Mike Moses - install a privacy fence on south side of property; and, Petersen's Variety, Vicki Petersen - 6'x10' portable shed.
Motion was made by Palecek, seconded by Kangas to approve the above permits as presented with the exception of Keven Morehart's permit being tabled due to the need for a four feet (4') variance request. It was also noted that Tiana Fitch's sign must be installed outside of the highway right-of-way. Motion carried.
Motion was made by Palecek, seconded by Vetter to repeal City Ordinance #11-603 as it is now inclusive with Chapter 7 of the revised City Ordinances. Motion carried.
Motion was made by Vetter, seconded by Schofield approve advertising for propane bids for July 01, 2008 thru June 30, 2009. Motion carried.
At 8:00 p.m. Dave Baxter, area manager of Waste Management dba Walker Refuse, and Fred Folsom, district manager of Waste Management dba Walker Refuse, met with the Council regarding the City's residential garbage collection.
Mr. Folsom presented the Council with an option to pursue 95 - 96 gallon totes through-out the City. He stated that this would not impact the current contract as there will be no cost involved. It was noted that the totes will save money for their company and are ergonomically friendly for the customers. Mr. Folsom went on to state that they would like the City Council's perception of the tote idea before proceeding any further.
Mr. Baxter noted that they currently have a few around town that were requested by the customer and Walker Refuse charges a rental fee of $3.00 per month per customer. Walker Refuse will be responsible for the maintenance of the totes. The totes promote cleanliness as the lid is attached and the tote is on wheels so it is easily moved from the household to the curb on garbage collection day.
Mayor Hart questioned if automation was in the near future and how the totes would be implemented within the community? It was noted that if the City is in favor of the totes, automation will follow in the near future.
Mr. Folsom went on to state that educating the public of the change is essential for a successful switch over and they will do all they can, i.e. pamphlets, etc. Once everything is in order, the totes will be delivered through-out the entire City in one day.
Mr. Baxter also stated that once automation is implemented, the routes would then be changed from alley pick-up to curb-side pick-up. There may be a few alleys in the town that will allow sufficient room for the truck, but would require that the totes all be placed on the same side of the alley.
FO Van Lint questioned about the households that own their own dumpsters and if this would continue to be allowed? Mr. Baxter advised that a rear load garbage truck will still be coming to Philip for commercial garbage collection. At this time, those households with a dumpster will be dumped.
By general consensus, the Council was in favor of the totes and directed Mr. Baxter and Mr. Folsom to pursue the option further.
Mayor and Council thanked Mr. Baxter and Mr. Folsom as they left the meeting at this time.
Departmental Reports:
The monthly Police Department report was reviewed with Chief Graham.
The quarterly pool report was presented and reviewed with Pool Coord. Carol Schofield.
Motion was made by Vetter, seconded by Schofield to hire the following pool personnel for the 2008 season as recommended by the Health/Rec. Committee. Motion carried.
Manager: Rosemarie Bennett - $9.00/hr.
Asst. Manager/Lifeguard: Brynn Coyle - $9.00/hr.
Lifeguards/Concession:
Molly Coyle - $6.50/hr. Non-Certified and $7.00/hr. when Certified
Abby Fitzgerald - $7.25/hr. Certified
Taylor Holman - $7.25/hr. Certified
Colin Van Lint - $6.50/hr. Non-Certified and $7.00/hr. when Certified
C. Schofield went on to state that in years past, the City required lifeguards to be 16 years of age, but a written policy cannot be located. She stated that according to the American Red Cross, a person must be 15 years of age by the end of the lifeguard certification class to lifeguard and suggested that the Council consider approving this policy as their own. This may also prompt more individuals to become certified lifeguards and work at the pool.
Motion was made by Schofield, seconded by Vetter to adopt a policy to allow youth who turn the age of 15 by the end of a successful completion of certification to be qualified to lifeguard at the City of Philip's swimming pool. Motion carried.
The proposed opening date of the pool is June 9th or 11th, 2008, weather permitting.
C. Schofield also stated that more information on swimming lessons as well as possible water aerobics will be provided at a later date. There was also discussion of fees and possible increases for admission, passes and lessons. No action was taken.
Lifeguard certification class will be held in Philip, June 5 - 7th, 2008. Currently, Philip has two individuals signed up and Kadoka will be bringing six to eight individuals for the class. Those interested in becoming a certified lifeguard, are reminded that the City has a policy to reimburse the costs at the end of the season if the individual works for the City for the entire season.
The quarterly Street Department report was reviewed with Street/Sewer Supt. Rick Coyle. It was noted that the majority of the pot holes have been filled.
Council Member Chin thanked the City personnel for the assistance on clean-up day for the senior citizens and disabled persons.
The 2008 Mosquito Control Grant application has been submitted to the SD Dept. of Health. The allocated amount of $1,854 will help purchase chemical and dunks for the City's mosquito control program.
The monthly Water Department report was reviewed.
Council Member Walker stated that the reported water loss of 19% indicates that the leak has not been located.
PWD Lesselyoung advised that Water Supt. Pearson was looking into the matter, but no information was reported.
Council Member Vetter reported that the City of Philip's meter is reporting 20 gal. per minute during the nighttime hours. He offered his assistance in helping locate the leak and/or area that the water is going. An option to shut the valves off by sections of town and monitor the flow during the night was discussed.
PWD Lesselyoung and Water Supt. Pearson will be working with Vetter and West River/Lyman Jones Rural Water to help identify where the water loss is going.
Motion was made by Kangas, seconded by Palecek to authorize SPN & Assoc. to complete a survey of Jim Ave. Motion carried.
PWD Lesselyoung advised the Council of a federally mandated street sign replacement program to be completed by 2010. The signs are now required to be a federal government engineered grade that has a reflective face. He stated that the City is required to complete an inventory and replacement plan with a proposed budget by 2009 and have them installed by 2010. The replacement plan includes every traffic and street sign.
The year-to-date sales tax revenues were reported at $119,911.00; that being $370.78 more than last year at this time.
Mayor Hart presented the Council with the City's current nuisance policy stating that nuisance complaints are currently handled by the Building Committee and Finance Office. The Building Committee's responsibilities have increased tremendously with all of the building permits and now the flood plain development permits. To help alleviate some of the Building Committees' work load, it is suggested that a Nuisance Committee of three members be formed to handle future nuisance complaints.
When a complaint is received, the Police Dept. and/or PWD Lesselyoung are sent to take pictures of the area that receives the complaint. A block inspection is also done at this time to be consistent with other violators of the same complaint. If there is a violation, a courtesy notice is sent to the property owner and given thirty (30) days to bring the property into compliance. If the violation is taken care of, a thank you letter is sent out and if not, a notice of violation is sent giving another fifteen (15) days to comply. After that, the City proceeds with the abatement notice giving another five (5) days before the City comes in and does the work. All of the correspondence is documented and each time a deadline arrives, pictures are taken to warrant if they are still in violation or not. The City has also been very considerate in allowing requests for extensions for those that are willing to cooperate and work on getting the violations abated.
Mayor Hart recognized what has been accomplished by the community during the last four to five years to improve the appearance of our community and the efforts of the City have not done any harm. He stressed that we are progressive and does not want our community to fall back.
FO Van Lint presented the Council with a complaint form that was developed to handle nuisances from now on. She stated that City personnel as well as the Council need to work together to help resolve nuisance issues. City personnel need to have more committee involvement from the beginning when a complaint is first received. It was noted that enforcement of nuisance control is not a pleasant part of anyone's job, and the Finance Office along with other City personnel receive a lot of negative public feed-back because we are charged with enforcing the ordinances and rules that the Council has implemented.
Motion was made by Schofield, seconded by Vetter to approve the complaint form. Motion carried.
Council Members Chin and Vetter volunteered to be on the nuisance committee. Mayor Hart will need to appoint another member in the near future.
Public Comments:
None.
In Other Business:
Motion was made by Chin, seconded by Vetter to approve Smith, Van Lint & Bldg. Cmt. Members' attendance at a NFIP Round Table Discussion in Rapid City, May 7, 2008. Motion carried.
Motion was made by Chin, seconded by Kangas to approve attendance of FO Van Lint & DFO Smith at SDML Human Resources & Finance Officers' School in Oacoma, SD June 10 to 13, 2008. Motion carried.
Mayor, Council and those in attendance formally congratulated and commended Carol Schofield on 16 years of service with the City of Philip on May 06, 2008. Thank-you for a job well done!
Applications to file for SD Sales Tax or Property refunds for Senior Citizens and/or Disabled persons are available in the Haakon Co. Treasurer's Office, City Finance Office or through the SD Dept. of Revenue. Application filing deadline is July 01, 2008 for 2007 refunds.
The next regular City Council Meeting will be held on June 02, 2008, in the Community Room of the Courthouse beginning at 7:00 p.m.
With no further business to come before the Council, the Mayor declared the meeting adjourned at 8:30 p.m.
/s/John F. Hart, Mayor
ATTEST:
/s/Brittany Smith, Deputy Finance Officer
(Publish: May 15, 2008)
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