CITY OF OVERBROOK

MINUTES REGULAR COUNCIL MEETING JANUARY 10, 2007

MEMBERS PRESENT: Bruce Smith, Bob Sisson, Larry Coursen, Mayor Jack Young. Rich Hamit

Arrived shortly after the meeting started. Ira Allen absent.

OTHERS PRESENT: Don and Ruth Thornton, Donna Crawford, Vic Robbins, Mike Dickerson,

Patty Hylton, Bob Call, Chief Ed Harmison, Jim Koger, Bev Hix, Eula

Lee Fuller, Everette Dannar (7:25).

The meeting was called to order at 7:00 PM by Mayor Young. Assistant Clerk Jim Koger called roll to determine the presence of a quorum.

MINUTES/WARRANTS: Larry Coursen moved to approve the minutes of the December 13, 2006 regular meeting as written. Bruce Smith seconded; motion carried 3-0.

Bob Sisson made a motion, seconded by Larry Coursen, to pay all warrants. Motion carried 3-0.

DAMAGE CLAIM: Don and Ruth Thornton came before the council to discuss damages caused by recent sewer back ups into their house. Don Thornton stated that each time this has happened, the lift station across the highway was not functioning. Thornton presented pictures as well as a list of specific items damaged. Thornton’s had hired Mike Musick to come on December 20^th at which time the old sewer connection was replaced. Thornton said that he had called several of the council members and Rich Hamit had come to look at the damage. The sewer backed up again just before Christmas, and again on December 31^st. Thornton feels that the problems are caused by the city’s lift station not working, and not by faulty work on Musick’s part. The council agreed by consensus to present the claim to the city’s insurance company for review. Mayor Young said that he doesn’t know how long the process will take, but will ask the insurance company to work as fast as possible. Thornton then asked if some kind of warning light can be put on the lift station that could be reported by neighbors. The mayor said that we are considering changing the way the lift station works to make it more trouble-free. Thornton thanked the council members who talked to him on the phone or came to his house, and especially Bob Call who came all three times to get the lift station working again.

GRANT ISSUES: Donna Crawford, Governmental Assistance Services, was present to discuss several matters. Crawford thanked the mayor for calling her about Joshua Excavating hiring subcontractors and that some of them are not being paid timely. Joshua Excavating, as the contractor, was to notify her when hiring any and all subcontractors. Crawford presented a letter that she’s prepared to be sent to Joshua Excavating asking him to comply with the grant requirements and then providing proof of payment. Payrolls for the subcontractors are to be submitted to Crawford. Crawford is advising Joshua Excavating that the city may withhold the next payment requested until he is in compliance. Crawford said she would notify the city once these requirements have been met. Mayor Young said that the project is at a standstill because the local subcontractors are not being paid. There was discussion about several additions to the cost of the project and who should be responsible for payment. The subcontractors involved are G&G Excavating, Final Touch Landscaping, Meyer’s Specialties, Maryco and Killough’s.

Vic Robbins said that he’s talked to Michael Coffman about the situation. Crawford said she would prefer to talk to Josh Hawkings, owner of Joshua Excavating, about withholding payment until these matters are resolved before involving the attorney.

Crawford informed the council that the new grant guidelines will require the city to do another survey to qualify for more grants. The survey must be done to determine that the city has at least 52% low to moderate income residents to be eligible for grants. Before only 80% of the population had to be surveyed to come up with the 52%, but the new guidelines require 100% of the population be surveyed. So every resident must be contacted to comply. Vic Robbins said that KDHE may not require more sewer improvements after this project is completed, but couldn’t say how long that would take. Crawford advised the council that a decision needs to be made soon about pursuing more grant money, and not wait until the current sewer project has been approved by KDHE. Crawford said that a new survey will be valid until 2012, so it will be valid for several more years. The mayor asked the council if we should consider going for grants to do waterline projects. Rich Hamit moved to approve the contract with G.A.S. for $ to conduct a survey for grant purposes. Bruce Smith seconded; motion carried 4-0. Crawford left several copies of the contract to be signed.

REIMBURSEMENT FOR SURVEY: Mayor Young presented a bill from Kramer Engineering that has been paid by Lee Flowers. The survey was done to locate a corner monument that was disturbed by the sewer rehabilitation project. The bill was for $155.00. Vic Robbins said that this type of item is covered in the contract, and that the contractor should be responsible. The council agreed by consensus to write a letter to Flowers stating that while the council agrees that they should be compensated for the expense, but that it should be done by the contractor. Robbins said that he wasn’t aware of the problem on the Flowers property. The bill will be sent to Joshua Excavating.

SEWER REPORT: Vic Robbins showed the council a summary of things that he has compiled of the status and needs of every work item by Joshua Excavating. Among the major items to be completed is leveling all the waste dirt left at the lagoons, and also remove the scrap concrete and brick and cast iron debris. Robbins asked about them digging a hole and burying it. Mayor Young said he would prefer that the scrap items be hauled to the landfill. Bruce Smith moved to pay for the waste hauling from the lift station done by HoneyBee. The motion died for lack of a second. Larry Coursen moved to authorize the mayor to negotiate the bill from HoneyBee with Joshua Excavating. Bob Sisson seconded; motion carried 4-0.

Robbins said that he had authorized Meyer Specialties to do some extra work while they were here that he felt was necessary without going through the change order process. The cost is $1212.50. The work was to video and inspect a line by the Boy Scout building and installed some seals in three manholes. Bruce Smith moved to pay the bill. Bob Sisson seconded; motion carried 4-0.

Robbins said that eventually all the manholes passed inspections, and would recommend Meyer Specialties for future jobs. Robbins has the latest pay request from Joshua Excavating. He said that once this last payment has been made, Joshua Excavating will be at the 90% level, which would leave the final 10% as retain age as per the contract. The total amount paid to them would be approximately $563,000.00.

OFFICIAL DESIGNATIONS: Bruce Smith moved to name Kansas State Bank and First Security Bank as official city depositories. Larry Coursen seconded; motion carried 4-0.

Bruce Smith made a motion, seconded by Larry Coursen, to name the Osage County Herald the official newspaper for all legal publications. Motion carried 4-0.

Official check signers were tabled until the clerk has prepared a resolution to name specific people.

ANIMAL LICENSES: Mayor Young suggested that notices be put in the papers and on the KSB marquee to remind people that 2007 dog and cat licenses are due rather than send out hundreds of letters. Bruce Smith moved to do so, and Bob Sisson seconded. Motion carried 4-0.

MEETING DATES: Bob Sisson made a motion, seconded by Larry Coursen, to go back to just one scheduled regular meeting per month, and that being on the second Wednesday of each month. Motion carried 3-1, with Hamit voting against.

BROOKSIDE EASEMENTS: The matter was tabled until the mayor can visit with the adjoining property owners.

LAW REPORT: Chief Ed Harmison gave a brief report and presented the council with a written report.

MAINTENANCE REPORT: Bob Call said that he would like to attend a wastewater class in Carbondale on January 17^th. He would like for Jim Koger to attend at least part of the day and was told to check into which parts of the class would be best for Koger to attend as he is also covering the office that week.

Call said that well #2 is back up and running and the AquaMag barrel has been moved from well #2 to the main pump house where everything runs together. Call is having a box installed on well #5. Both lift stations had to have new seals put on them.

Call pointed out that the sidewalk at the school close to the pool has been left pointing upwards due to the sewer work. He’s concerned about someone going over it on a bike. Call was told to barricade it until Joshua Excavating can repair it.

Call said that Millie Anderson has asked for “slow, children playing” signs by her house since she has grandchildren there often. He was told to put up the signs.

Call also said that he would like to buy a pump to use for pumping out the lift station for around $500. The council agreed by consensus. Bob Sisson said that he thought there is a light on the east lift station, but it may not be working. Call said that will be checked out when Ed Hickman comes to do maintenance. Vic Robbins said he would help figure out how big a pump we should get for the lift station, and suggests we do the same thing for the west lift station.

Call said that he’s going to call Victor Phillips to do some maintenance on the backhoe. Bruce Smith asked Call to check out well #5.

TREASURER’S REPORT: Patty Hylton reviewed the financial reports for the council. All the funds that were expected to have a cash balance actually ended with cash. She also pointed out that the Capital Project fund no longer has a negative balance. This was the fund used for the city lake. From this point on, the actual revenue and expenses will be shown as part of the General fund. She has also created a line item for the next phase of the sewer rehab. She also explained that funds will be transferred from the general, water/sewer, and law fund for the employee benefit fund. Hylton said that there was a smaller total cash balance in 2006, but eliminating negative fund balances was an improvement. No funds exceeded their budget in 2006, which is good. The council thanked Hylton for all her work.

BID FOR WATERLINE REPLACEMENT: G & G Excavating has submitted a bid to replace about 310 feet of water line on Santa Fe Trail between Western Heights Drive and Sycamore. Bruce Smith moved to hire G&G Excavating to replace the stated water line. Bob Sisson seconded; motion carried 4-0. There was discussion about having some asphalting done at this location as well as other places. The bid was $3,453.50. Robbins said that the bid doesn’t include any landscaping, but the council agreed to address that issue later.

CLERK’S REPORT: Jim Koger reminded the council that the deadline for council filing is noon on January 23^rd.

Cheryl Brown will be gone the week of January 15^th, and Jim Koger’s classes start that same week, so Koger asked that the office be open Tuesday afternoon instead of in the morning. The council said to work out whatever schedule is needed, and to post a sign on the door and put it on the website.

COUNCIL MEMBER COMMENTS: Bruce Smith asked what Bob Call meant by “turning the water department over to Jim Koger”. Call said that he just wants Jim to start learning all that he can in order to become certified.

Rich Hamit asked about the KRWA meeting coming up in March. He said that he assumes Bob Call will go, and wondered about sending Jim Koger. Mayor Young said that decision should maybe wait until the next meeting.

MAYOR’S REPORT: The mayor asked that he would like to have city employees sit closer to the table during the meetings, with the exception of the treasurer and assistant clerk.

Mayor Young said that he’s been told by a council member that there’s been complaints about the council and some employees seeming not to care about problems and that it takes too long to act on matters. The mayor mentioned this so that everyone is aware of it.

MISCELLANEOUS COMMENTS: Vic Robbins said that he feels that the lift station failure did lead to a sewer back up in Thornton’s house, but he’s not sure if it was actually “city sewage”. His opinion is that the first time this happened was due to the poor condition of their sewer line. He feels that the second and third times may be directly related to the lift station failure. Robbins was told that he may have to provide this information to the insurance company.

Robbins asked what the status is on the drainage issues on Ash Street. Bruce Smith and the mayor said that they’ll have to check with the city clerk.

EXECUTIVE SESSION: Rich Hamit moved to go into executive session for 5 minutes. Bruce Smith seconded; meeting recessed. The meeting was called back to order. Rich Hamit made a motion, seconded by Bruce Smith, to hire Joni Hudson as pool manager for 2007. Motion carried 3-0. (Larry Coursen had left the meeting at 8:00 PM). Details to be discussed later.

There being no further business before the council, Bruce Smith moved to adjourn. Rich Hamit seconded; meeting was adjourned at 8:43 PM.

Respectfully submitted,

Cheryl L. Brown

City Clerk

APPROVED: 1/24/07