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A regular meeting of the Philip City Council was held on Monday, November 2, 2009, at 7:00 p.m. in the Community Room of the Haakon Co. Courthouse.
A regular meeting of the Philip City Council was held on Monday, November 2, 2009, 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 John Kangas, Monte Palecek, Mike Vetter and Greg Arthur. Also present were Deputy Finance Officer Brittany Smith, Public Works Director Matt Reckling, Chief of Police Kit Graham, Police Officer David Butler, Utility Coord. Carol Schofield, City Attorney Gay Tollefson and Del Bartels with the Pioneer Review.
Absent: Shirley Chin and Tom Struble.
Motion was made by Palecek, seconded by Arthur to approve the agenda as presented. Motion carried.
Motion was made by Kangas, seconded by Vetter to approve the minutes of the last meeting as published in the Pioneer Review. Motion carried.
Motion was made by Kangas, seconded by Arthur to approve payment of the bills from the appropriated funds. Motion carried.
Motion was then made by Kangas, seconded by Arthur to authorize voiding check #25772 in the amount of $105.90 payable to Schaeffer Manufacturing, Inc. This check was issued to the wrong vendor and is authorized for reissuance below to Brad Kuchenbecker. Motion carried.
Gross Salaries - October 30, 2009:
Gross Salaries: Adm. - $2686.66; Garbage - $801.15; Police - $5511.99; Sewer - $2778.53; Street - $1450.00; Water - $6879.58
AFLAC Employee Supplemental Ins.- 10/09 172.78
EFTPS S.S., Medicare, Withholding- 10/09 4129.58
SDRS Employee Retirement- 10/09 2395.54
Airport Improv. Project:
Kadrmas, Lee & Jackson, Inc. Enviro. Assess. Eng. - thru 09/26/09 2905.38
Swimming Pool Deck Renovations:
G & G Excavation, LLC Pool Wall Excavating - 09/09 Donated
SPN & Assoc. Const. Eng. thru 10/24/09 831.25
This Months Bills:
Alltel Cell Phone 09-10/09 79.77
Bad River Rural Water City Shop Water 09-10/09 24.10
Coyle's Super Valu Supplies 09-10/09 17.97
CRA Payment Center Supplies 09-10/09 19.00
Dakota Care Ins. Employee Health Ins. - 11/09 7296.71
Delta Dental Ins. Employee Dental Ins. - 11/09 512.70
Farm Plan Supplies - 09/09 11.98
1st Nat'l Agency Airport Liability Ins. 10/09-10/09 3220.00
1st Nat'l Bank - Philip Utility Postage - 11/09 102.49
1st Nat'l Bank - S.F. SRF Loan #01 Pay #156 - 11/09 3591.18
SRF Loan #02 Pay #132 - 11/09 2163.90
SRF Loan #03 Pay #35 - 11/09 2223.41
Fitzgerald Oil Co. Fuel/Supplies 09-10/09 186.69
G & G Excavation, LLC Backhoe Curbstop - 10/09 204.00
Golden West Telephone/Internet 10-11/09 589.79
Grossenburg Implement Supplies/Cutting Torch - 10/09 338.08
Haakon Co. Treasurer Office Rent - 11/09 60.00
HD Supply Waterworks, LTD Supplies - 10/09 340.31
Ingram Pest Service R.Site Pest Control - 10/09 77.00
Kuchenbecker, Brad (1) Case Grease - 07/09 105.90
McCain, Ronda Cust. Deposit Refund - 11/09 19.20
McLeod's Printing & Office Supply (2) Minute Books - 10/09 285.10
McQuirk Ditching Airport Waterline Install - 09/09 295.92
Morrison's Pit Stop Fuel/Supplies 09-10/09 84.95
NAPA Auto Parts Supplies - 10/09 105.01
O'Connell Construction, Inc. Loader Rental (Asphalt) - 10/09 130.00
One Call Systems, Inc. Locates 07-09/09 16.80
Philip Motor, Inc. Freight Chgs - 09/09 15.00
Pioneer Review Publishing - 10/09 818.63
Quill Supplies - 10/09 243.32
RVS Software Annual Support/Maint. 11/09-11/10 428.00
SD Dept. of Revenue Sales Tax Payable - 09/09 391.76
Water Testing - 10/09 364.00
SD Federal Property Agency Fire Supplies - 09/09 197.00
Technology Center Labor Support Contract - 10/09 2150.00
Tollefson, Gay Attorney Retainer - 11/09 150.00
USDA RD Loan Pay #59 - 11/09 3069.00
VISA - UMB Bank Postage - 09/09 88.00
Walker, Dan Cust. Deposit Refund - 11/09 100.00
Waste Connections dba Walker Refuse Residential Collection - 11/09 4320.54
Dumpsters - 11/09 166.40
West Central Electric Electric Charges 09-10/09 2432.56
WR/LJ Rural Water 5,579,000 gals - 10/09 4517.50
Contract Min - 10/09 3000.00
Airport Water - 10/09 40.00
Wohlenberg Ritzman & Co, LLC Final FY2008 Audit - 10/09 1450.00
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Total Expenditures - 11/02/09 $ 49,780.30
Old Business: None.
New Business:
Council reviewed a request from Brad Wilson with Insurance Benefits, Inc. regarding a change in agents for the City's airport liability insurance.
Mayor Hart stated that Mr. Wilson contacted him regarding the City's insurance and advised that our carrier, not our insurance agent, is currently charging an additional $300 per year for coverage. He stressed that this is an oversight on the carrier and should be refunded to the City. Hart has not spoken with our current insurance agent, Joe Gittings with First National Agency, with regard to this information. He then questioned the Council's position on changing insurance agents from our local agent to Brad Wilson with Insurance Benefits, Inc. to save $300 per year.
Following review, motion was made by Vetter, seconded by Kangas to reject Mr. Wilson's request and continue with our current and local insurance agent, Joe Gittings with First National Agency. Motion carried.
Council reviewed the Restricted Use Site inspection report from the SD DENR that was completed on Oct. 14, 2009. It was noted that the City is currently operating in a conditionally acceptable compliance manner.
PWD Reckling stated that the City personnel have been cleaning up the site. The majority of the metal items have been removed to Les' Salvage Yard. They will be working on building up the berm around the burial pit as recommended by SD DENR and will be implementing more stringent inspection logs and tonnage amounts. Once this is completed, the City will respond to SD DENR noting the progress that the City has made regarding their noted recommendations.
Philip School Drainage Project:
Mayor Hart reviewed correspondence from Haakon School Superintendent Keven Morehart regarding the Geo-thermal line repair bill submitted to the school. Accordingly, the claim has been turned over to the School Attorney for review in determining if they are responsible for the repair expenses.
FO Van Lint advised the Council that she has been in contact with Grizzly Excavating's bonding company, Merchant's Bonding Company. According to their representative, Steve Foster, the bonding company has paid two of the six sub-contractor claims from the project. These include Simon Contractors and Gibson Concrete for a total amount paid of $72,634.14. The remaining four sub-contractors' claims are currently being investigated. These include claims from Cretex Concrete, O'Connell Construction, Buskerud Construction and RHS for a total amount owed of $77,724.55.
The City is still holding Grizzly Excavating's final payment in the amount of $33,000.87 of which Mr. Foster has requested be released to Merchant's Bonding Company. FO Van Lint has contacted City Attorney Tollefson relative to their request. Accordingly, Ms. Tollefson has no concerns releasing the funds as long as they provide a release of liability to the City. This would alleviate any future claims to the City and would guarantee some payment to the Grizzly's sub-contractors from the bonding company. Furthermore, the bonding company will also provide the necessary lien waivers from the sub-contractors and suppliers of this project to the City.
FO Van Lint further noted that with the City being able to make the final payment of the project, the City can hopefully finalize and close-out the project prior to the end of 2009.
Following review, motion was made by Palecek, seconded by Vetter to authorize the final pay request for Grizzly Excavating to their bonding company, Merchant's Bonding Company, in the amount of $33,000.87 contingent upon City Attorney Tollefson's review and approval of the release of liability. Motion carried with all members voting aye.
Swimming Pool Deck Replacement Project:
Council was advised that Harlan Quenzer with SPN & Assoc. is currently working on the design/build bid specifications. Once these are finalized, they will be forwarded to the Council for their review and approval to bid the project in December 2009. Furthermore, he is working with Lester-Robbins Construction, Inc. to determine the contract specifics in extending their current contract for the deck replacement project to the pool replacement project.
Mayor, Council and those in attendance expressed their sincere appreciation to G & G Excavation, LLC for donating their man hours and equipment in the amount of $670.00 during the pool emergency. It was noted that both Coddy and Marty worked hard trying to save the failing pool wall.
Warning System Siren:
Council reviewed the financials for the Warning System Siren. It was noted that the Homeland Security funding has been received in the amount of $7,155.00. The City's share of the project was $677.73 for a total project cost of $7,832.73.
Council reviewed the following building/flood plain development permits as presented:
George Ainslie - excavate yard & fill w/ blacktop for driveway; Greg Ferguson - demolish existing house & replace with 2157 sq. foot home w/ basement; Dean Fitzgerald - steel containment, fence & concrete pad; Grossenburg Implement - concrete parking area; Haakon Co. - excavate & replace drainage; Dave Konst - repair block wall.
Midwest Coop - 2 bulk hopper bins; and, Hazel Thompson - 8' x 12' shed.
PWD Reckling noted that Grossenburg Implement is aware of the fact that they are pouring concrete over their water line.
Following review, motion was made by Palecek, seconded by Kangas to approve the above permits as presented. Motion carried.
Departmental Reports:
The quarterly Airport report was reviewed. The YTD airport fuel revenues were reported at $11,895.58.
Council reviewed airport project updates regarding the SRE/Windcone project and Environmental Assessment project from Rod Senn, Engineer with Kadrmas, Lee and Jackson.
The quarterly Administrative report was reviewed with Finance Officer Monna Van Lint.
Council reviewed the year-to-date revenues and expenditures, investment report as well as the year to date sales tax revenues reported at $306,408.02.
Mayor Hart noted that the year to date sales tax revenues through October 2009 are consistent with last year's collection at this time. He expressed his appreciation to the community for shopping locally.
Motion was made by Vetter, seconded by Kangas to approve the City's audit report for fiscal year 2008 as prepared by Wohlenberg, Ritzman & Co. Motion carried with all members voting aye.
Council then reviewed a quote from the Technology Center to provide off-site data vault storage to the City for $660/year. It was questioned how many computers this would apply to and if this was for data storage or data monitoring.
By general consensus of the Council, the quote was tabled until the Finance Office is able to obtain more information from the Technology Center regarding the quote and services provided.
The monthly Police Dept. report was presented and reviewed with Police Chief Graham.
Chief Graham revisited the proposal to possibly switch from the County's teletype provided through the SD Bureau of Information and Technology to the Winner Dispatch Services. He stated that following further review, he would recommend the City continue with the County as it has been appropriated for in the 2010 budget.
By general consensus, the City will continue to contribute half of the County's annual teletype fees for services provided to the Police Dept. through the SD Bureau of Information and Technology.
Graham went on to advise the Council that the computer server that services both the City Police Dept. and County Sheriff's Office is inoperable due to viruses. He noted that the Technology Center service technician attempted to remove the viruses, but was not able to remove all of them. Accordingly, they have recommended the purchase of a new server as it would cost more to repair the current server than to purchase a new one.
Graham stated that with this server being shared by County and City, the technician costs and costs of a new computer server will be shared between both entities. The Sheriff's Office is expected to meet with the Commissioner's tomorrow to determine if a new server can be obtained. If agreed, the Police Dept. and Sheriff's Office will be obtaining quotes from Ron Larson and Dell, Inc. in addition to the one already received from the Technology Center. Prior to making a purchase, Graham will present the quotes to the Council for their approval and authorization.
Council Member Palecek questioned if the server had/has sufficient virus protection? Graham reiterated that it does and that the virus is in the machine, not in the programs.
The monthly Street Dept. report was reviewed.
Council Member Palecek questioned if the City personnel have been sweeping? PWD Reckling advised that sweeping and blading has been continuously going on for the past few weeks. He also noted that they will be peeling some of the alleys this week to remove the mud.
The monthly Water Dept. report was presented and reviewed.
Council reviewed the following L/P Propane bids received this month:
Oct. 22, 2009
Fitzgerald Oil Company $1.29/gal.
Midwest Cooperatives $1.25/gal.
City propane was supplied by Midwest Cooperatives as they were the low bidder.
Executive Session: None.
Public Comments: None.
In Other Business:
The Low Cost Rural Road Safety workshop is Nov. 4th in Pierre & Roadway Surface Mgmt workshop is Nov. 2nd & 3rd in Fargo, ND.
FO Van Lint is attending Election School on Nov. 12th in Rapid City.
Motion was made by Kangas, seconded by Palecek to authorize Council Member Arthur's attendance at the Safety & Loss Training Conference in Oacoma on Nov. 18th - 19th, 2009. Motion carried.
City Offices will be closed in observance of legal holidays on Nov. 11th, 26th & 27th, 2009.
Personnel Evaluations need to be completed & filed with the Finance Officer by Nov. 30th, 2009.
The next regular Council meeting will be held on Monday, Dec. 7, 2009, at 7:00 p.m. in the Community Room.
With no further business to come before the Council, the Mayor declared the meeting adjourned at 7:37 p.m.
/s/ John F. Hart, Mayor
ATTEST:
/s/ Brittany Smith, Deputy Finance Officer
(Published once on November 12, 2009, at approximate cost of $_________)
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