CITY OF OVERBROOK

MINUTES REGULAR COUNCIL MEETING March 8, 2006

MEMBERS PRESENT: Rich Hamit, Bruce Smith, Bob Sisson (7:05), Ira Allen, Mayor Jack

Young. Larry Coursen absent.

OTHERS PRESENT: Rae Johnson, Stan Friesen, Tom Morey, Jon Brady, Jason Hielscher, Vic Robbins,

Mike Dickerson, Beverly Hix, Ed Harmison, Everette Dannar, Mark Tomlinson, Bob

Call, Jim Koger, Patty Hylton, Cheryl Brown.

The council meeting was called to order by Mayor Jack Young at 7 PM. Roll call determined the presence of a quorum.

MINUTES / WARRANTS: Bruce Smith moved to approve the minutes of the February 22, 2006 meeting as written. Ira Allen seconded; motion carried 3-0.

Bruce Smith made a motion, seconded by Rich Hamit, to pay all warrants presented. Motion carried 3-0.

DAMAGE CLAIM/JOHNSON: Rae Johnson, 907 Maple, came before the council to request compensation from the city for damages to her property as a result of a sewer back-up. The claim had been submitted to the city’s insurer previously, and denied on the basis the damage was a result of “vandalism”. Johnson is asking that the city reimbursement for the removal of the old carpeting and the cost of the new carpeting, approximately $750.00.

The mayor asked Bob Call, Maintenance Supt, to describe what caused the back-up. Call said there were sticks of different sizes in the manhole located in Johnson’s back yard. Bruce Smith said that these sticks were too large to have come through the sewer system, but had to be placed directly into the manhole. The mayor asked Ira Allen if he had personally talked to the insurance company. Allen said the insurer did not find the city to be negligent as the manhole was in a confined area. Mayor Young stated that the council’s previous decision to deny the claim was based on the fact that the sticks had to be put into the manhole. Johnson said that she couldn’t think of anyone who would do that deliberately. Vic Robbins, city engineer, asked why the insurance company wouldn’t pay a claim for vandalism as the “sewer system” could have received some damage from the incident. Rich Hamit asked if Johnson can submit the claim to her insurance company if the city’s company denies it again. Allen said that she could do that. After more discussion, the council agreed by concensus to again deny the claim, but have Ira Allen contact the insurance company again for a more detailed explanation of their decision. Johnson said that if the claim is denied again, she may take legal action.

NATIONAL FLOOD INSURANCE: Tom Morey, National Flood Insurance Program Specialist with the Dept of Agriculture was present to discuss the program. Morey explained that the National Flood Insurance Program is a partnership between a community and the Federal Government where the community agrees to regulate development in identified high-risk areas or designated flood plains. In return the Federal Government will make flood insurance available to anybody in that community. Overbrook does not have any identified special flood hazard areas at this time according to FEMA. For Overbrook to participate in the program, the city would need to pass a resolution stating that the city would be willing to work with the federal government in case of a flood, and help deal with individuals who might be affected. In return, the federal government will make flood insurance available to anybody in the city at a reduced rate, which is determined by the risk. Morey said that FEMA is in the middle of updating 100% of the mapping, and within the next couple of years the whole state should be mapped. Mayor Young asked about the cost to the city. Morey said there is no cost to the city for the mapping or to participate in the program.

Jason Hielscher said that he was denied a claim for a very valuable baseball card collection lost due to a basement window being blown out by heavy rain. He had collectible insurance, but was denied because he didn’t have flood insurance. At that time he couldn’t get flood insurance because of not being in a flood plain. Morey explained that would be covered if the city is in the flood program. Ira Allen asked if there will be a cap on the amount of coverage a person can have. Morey said he would have to check into that, but everyone in Overbrook should be eligible for preferred rate/risk policies.

Morey left a copy of the application and resolution for the council to consider. He also left other material explaining more about the National Flood Insurance Program. He will also check to see if Osage County participates, but that wouldn’t affect coverage in Overbrook.

OVERBROOK ATHLETIC ASSN: Jason Hielscher and Jon Brady were present to report that they’d received one bid for Jones Park field maintenance in the amount of $1250. Brady asked the council what they need from the association regarding reports, etc. Mayor Young said the council just wants an idea of what the cost would be and doesn’t see the need to take more bids. There was more discussion about the items needed before the season starts. Brady said that the window in the concession stand needs to be repaired or re=built before new plexiglass is installed. There was discussion about using funds from the Jones Park fund at First Security Bank. Brady asked where the money in this account comes from. Cheryl Brown, City Clerk, said part of it comes through the Communtiy Chest, but isn’t sure about any other funding. She said this may be the accumulation of several years donations. Mayor Young said that this is part of the reason why the council would like more communication with those using Jones Park. Brady said that more help and guidance from the city is necessary to keep recreation activities growing in our town. They’ve been studying how other towns handle this, and are hoping that forming a Recreation Committee will help Overbrook. Ira Allen asked if the Jones Park fund at First Security Bank is a separate account. Brown said that it was, and until Bob VonStein resigned, the city didn’t receive bank statements or other information about deposits, etc. The auditor has been examining these documents along with records from the library, so she’s not suggesting any wrong-doing – just that the city has had no input in decisions affecting the funds. Mayor Young said that all of these matters will be discussed when he meets with Brady, Hielscher, and someone from the high-school tomorrow night.

There was more discussion about what the city would pay for regarding items for the 2006 season, and how to proceed with the repairs. The first game for the high school is scheduled for March 27^th. Mayor Young said that he and Bob Call will look things over in the next day or two. Bob Call said that he could have the water turned on by this time next week, weather permitting. Brady asked Bob Call to get another cover for the lock box over the scoreboard. Call said he’d look around for it, and replace it if necessary. There was discussion about some kind of device to help control the odor in the bathrooms. Call said he would take care of getting new locks for whatever doors they want. Brady asked about getting some kind of toilet paper dispenser that would discourage anyone from taking the whole roll of paper. Call said he would check into it. Mowing the east diamond was discussed as they may be using it for T-ball this year.

PROGRESS PROMOTION: Mike Dickerson reviewed the information from the Osage County Herald regarding a special edition called the Progress Edition whose purpose is to promote the county in the areas of government, communities, arts, entertainment, and business. He left information about the rates for different sized ads. March 31^st is the deadline for submitting the ads.

TREASURER’S REPORT: Patty Hylton, City Treasurer reviewed the financial statements for the month of February for the council. All of the fund balances look to be in good shape. She reminded the council that we will need to amend the 2006 budget to allow the police department to spend the balance of 2005 funds. She also gave details on transfers made for each of the reserve funds. Hylton and Brown are still working on exactly how much to transfer to cover the sewer project loan payments. Hylton will be talking to Donna Crawford about exactly how the expenses need to be split for the CDBG reimbursements.

WATER/SEWER PROJECT REPORT: Vic Robbins said that he had made copies of the maps made by Kansas Rural Water Association of the sewer and water systems. He intends to draw lines to indicate exactly where the easements required are located on the property. This won’t address buildings, etc that may be in the easements. Hopefully these questions will be addressed at the Town Hall meeting on March 15^th. Robbins said that these easements must be obtained since the city is under a directive from the state to make improvements in the sewer system. There was discussion about what is allowed on permanent easements. Robbins said that temporary easements will require the contractor to either restore property, or compensate the owner if it can’t be restored. Permanent easements are handled differently. Robbins is in favor of as many people as possible going door-to-door to acquire easements since there are quite a few needed. Bob Sisson asked what happens if not many people attend the town meeting on the 15^th. The mayor said that he and the council would be going door-to-door, as well as Donna Crawford’s company. Michael Coffman, City Attorney, will be at the meeting to answer the legal definitions of easements. Robbins told the council that there are about 24 sewer lines where some kind of easement is needed. He’s hoping to have all the lines on the maps by next week’s meeting. Robbins reviewed the time requirements as presented at the last meeting. Robbins said that he would have preferred that a letter had been sent to property owners explaining the need for permanent and temporary easements. Mayor Young said that there probably isn’t time to do that now. Robbins said that he would consider taking bids if the majority of easements have been obtained, with a few hold-out’s, but there couldn’t be very many.

DRAINAGE: Bruce Smith said that Doug Cloud, owner of the property south of E. First St and Ash has no objections to the city putting a drain tube under the road that would empty on his property as long as the opening is left in such a way that they can maintain it easily. Smith said that he’s not convinced that this will eliminate the problem on Kris Stangis’ property. Smith feels that re-doing the drainage area on the back of that property will be more beneficial. The council agreed by concensus to have Vic Robbins do some elevation figures before any final decisions are made.

BUILDING INSPECTOR: Bruce Smith has visited with Dean Beckman regarding acting as the city’s building inspector. Beckman needs to do some visiting with his supervisor before making a definite commitment. At the present time he just works part-time, but may go full-time which might conflict with the inspecting utility connections when the contractors are ready.

ATHLETIC COMMISSION: Mayor Young has arranged a meeting with members of the Overbrook Athletic Association for Thursday, March 9^th at 6:30.

PROJECT BOARD: A new project board has been installed on the wall for the purpose of listing projects as a reminder of what needs to be done. The council decided that Mayor Young should be responsible for listing the projects, along with a time line for each project. Suggestions for listing were sewer project, comprehensive plan, planning and zoning regulations, recreation commission, water line project.

MISCELLANEOUS: Ira Allen suggested that when things to do come up at council meetings, a list be made and given to the employee responsible for the jobs. He said that when Bob Call or Patty Hylton aren’t at the meetings and things come up for them to do, someone needs to make sure they’re aware of the requests in writing.

LAW REPORT: Chief Ed Harmison reviewed his written report for the council. Chief Harmison told the council that he and Everette Dannar have taken a re-certification class for the tasers. Harmison said that there were 38 citations for dogs and cats that were never filed with the court.

MAINTENANCE REPORT: Bob Call said he will be meeting with someone from Westar about electricity at the city lake. He’s open to suggestions about where the poles should be set.

Well #2 is running and the AquaMag is back online.

Call said that the east water tower is being sandblasted as preparation for painting. Bruce Smith had some concerns about painting this time of year. The clerk said we have a maintenance contract with the company, so they’ll do it again at no extra charge if it isn’t satisfactory.

Call said he had met with Brandi Kuermaier who will be managing the concession stand this year. Several items like the screen door, plexiglass window, attic fan were addressed. Call said he didn’t know for sure when he’d get the water turned on as it would depend on the weather. He said that he should be able to fill in the concrete block that Hielscher had mentioned earlier.

Call said that he’s going to install a new water meter on George Maichel’s property where they previously had service.

Mayor Young said that PRIDE has been discussing purchasing or whatever funding they can find for new playground equipment and wanted the athletic association to be aware of the possibility.

Hielscher asked if the city could provide an American flag for Jones Park. The clerk said that she could order one if they let her know the height of the pole to be used.

Bob Sisson brought up hiring someone to help Call for the summer. Jon Brady suggested using this person to help with the ball diamond preparation. The council will consider the matter.

CLERK’S REPORT: Cheryl Brown gave the council information about quotes from Blue Cross Blue Shield for employee health insurance. The contract is due for renewal on May 1, 2006. The matter was tabled until the next meeting. Ed Harmison said that his premiums will decrease next year after his daughter graduates from college.

Brown told the council that Jim Koger will be speaking at the PRIDE meeting on March 18^th about the city’s website.

The council agreed by concensus to send Mayor Young to a League meeting regarding labor issues, job descriptions, and pay trends on March 31^st in Lenexa.

The council also agreed by concensus to approve the plan recommended by Jim Koger to renew our agreement with Domain Direct for hosting the website.

COUNCILMEMBER COMMENTS: Rich Hamit said he was disappointed that we’ve not heard anything from Galaxy Cablevision. The clerk said that there’s probably not going to be any channels added or we would have heard by now. Hamit also said that Joni Hudson will be the pool manager again this year, but the matter of her salary was tabled.

MAYOR’S REPORT: Mayor Young said he and Ira Allen attended a meeting at the high school with other governing bodies from other towns and the county commissioners to discuss development of resources. The mayor asked council approval for parades to be held whenever the district school’s have won championships, etc. The council agreed by concensus, with approval from Chief Harmison, to participate in such parades. The mayor said he would contact Terry Schmidt regarding the decision.

There being no further business before the council, Bruce Smith moved to adjourn at 9:30 PM. Bob Sisson seconded; motion carried.

Respectfully submitted,

Cheryl L. Brown

City Clerk

APPROVED: 03/22/2006