January 14, 2010 Minutes

VILLAGE OF LOUISVILLE BOARD MINUTES

January 14, 2010 REGULAR MEETING

6:00 P.M.

The Village Board of Trustees met in regular session with President Murbarger, Trustee Poehler, Trustee Byers, Trustee Leonard, and Trustee Miller in attendance. Also in attendance were Clerk/Collector Jodi Daws, Treasurer Stephanie Bailey, Attorney Barry Bright, Sheriff Jim Sulsberger, Superintendent Rusty Harper, Pat Garrett of WNOI, Beth Fancher of Clay County Republican, Becky Bunting of Hometown Journal, Village Engineer Mike Bridges, County Engineer, Eric Seibring, Jeff Workman of the Clay County Health Department, Jeff Stanfield of Stanfield Construction Company, Inc. and Todd Boswell. Billy and Lou Ann Cruse entered the meeting at 6:06 p.m.

President Murbarger called the meeting to order at 6:00 p.m.

Roll Call taken and the following Village authorities announced present at the beginning of the January 14, 2010 monthly meeting. President Dale Murbarger, Trustee Jean Ann Poehler, Trustee Gene Leonard, Trustee Nancy Byers and Trustee Danny Miller. Trustee Gina Rinehart and Trustee Troy Fender were absent for this evening’s meeting.

The first motion of the evening was to approve this evenings’ agenda. Motion made by Trustee Miller and seconded by Trustee Byers.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

A motion was then made to approve the December 10, 2009 Regular Meeting Minutes by Trustee Byers and seconded by Trustee Leonard.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

Motion made by Trustee Poehler to approve the monthly bills, seconded by Trustee Miller.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

Lou Ann and Billy Cruse entered the meeting at 6:06 p.m.

Sheriff Jim Sulsberger submitted the monthly police report, with 54 total complaints and 1 citation and $282.00 in fines.

The Board then allowed Eric Seibring, County Engineer, to be moved up on the agenda. Mr. Seibring explained the renewal for the Road and Bridge tax that will be on the ballot for the election. He stated that this must be listed on the ballot as a “new tax” due to legalities, but that it is a renewal only. Mr. Seibring then began discussion of the IDOT sign program. He said that our signs do not meet IDOT standards and the grant is for up to $25,000.00, which should cover all of the Village’s signs. However, the Village will be responsible for doing a sign inventory and installing the signs. Motion to allow Eric to submit the paperwork for the grant to IDOT made by Trustee Byers, seconded by Trustee Miller.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

Mr. Todd Boswell then addressed the Board concerning the Village’s current deposit rates. He would like the Board to consider lowering our rates because he feels that this is discriminatory towards renters. He also stated that he feels it is punitive because the money is held for three years without the Village paying any interest. He researched other communities and stated that Louisville is the highest. President Murbarger thanked him and said the Board will consider his comments.

Lou Ann Cruse asked the Board for an extension on the conditional permit that was granted at last month’s meeting. They have been unable to get the old mobile home moved out due to the weather. Motion to approve the permit for another 30 days, under the same conditions, made by Trustee Leonard, seconded by Trustee Miller.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

Mr. Jeff Workman of the Clay County Health Department addressed the Board concerning the Clay County Animal Shelter’s large water bill they received. The water amount billed to the shelter was $7,946.35 for a usage of 616,350 gallons. This was due to two large leaks at the shelter. Mr. Workman asked the Board to consider helping the shelter by lowering the cost of the bill. After much discussion, it was agreed to drop the cost to charge for the “in corp” rate rather than “out corp” rate, which would bring the water portion of the bill down to $3,970.12. Motion made by Trustee Miller, seconded by Trustee Byers.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

The Board then reviewed a request for sponsorship and/or team for the 2010 Relay for Life and a request for advertisement slot on the MTC Boy’s Basketball Program as well. No one was interested in either.

Motion was then made to approve a $50.00 donation to the North Clay Post Prom 2010 by Trustee Poehler and seconded by Trustee Miller.

Roll Call

4 Ayes – 0 Nays – Motion Carried

The next topic for this evening was the Village’s options for the waterline replacement project. Village Engineer Mike Bridges distributed a USDA Rural Development application checklist along with a preliminary engineer report for the Board’s review. He explained that an EPA report must go along with this as well as a copy of the water/sewer rate schedule. The cost for the preliminary engineer report will be about $20,000.00. Also, USDA requires that the water and sewer be separated which conflicts with our current billing software. Treasurer Bailey will contact our software company to see what can be done. Motion to approve Mike to go ahead with the USDA application process, made by Trustee Miller, seconded by Trustee Byers.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

Motion made to approve the resolution for additional $1,000.00 MFT funds and revised patching on Broadway Street made by Trustee Leonard, seconded by Trustee Poehler.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

The next item up for discussion was the sidewalk replacement project located on Broadway Street. President Murbarger explained that Fulfer Backhoe went out of business and will not be able to do the job that we awarded to them. Motion to re-bid the project made by Trustee Byers, seconded by Trustee Leonard.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

Jeff Stanfield of Stanfield Construction Company, Inc. presented a very detailed estimate to the Board for the Rinehart Building repair. Jeff’s total estimate was $56,125.00 and he said he could start work within two weeks. The Board would like more time to review the estimate. It was decided to recess the meeting for this topic until next Thursday, January 21, 2010 at 6:00 p.m.

The signposts and benches for the Community Courtyard tabled until next months’ meeting due to Trustee Rinehart being absent.

The next item on the agenda was the Village’s tractor. Superintendent Harper explained that it still has a bent rim and sand is still falling out but it seems to be functioning okay at this point. It is a large concern, however, that we will continue to have one problem after another, especially with the motor and/or transmission, since it did fall into the sewer lagoon. After much discussion, it was then decided for Superintendent Harper to explore the cost of a trade-in.

President Murbarger explained the consent agreement between Dennis Grahn and the Clay City Banking Company for a setback variance. The Board approved that setback variance agreement that would allow Clay City Banking Company to install a tower at their new facility located on Route 45. Motion made by Trustee Miller, seconded by Trustee Byers.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

A Public Notice for the Village’s regular board meeting dates was then distributed to the Board. However, there was a conflict with the 2nd Thursday of the month in November 2010. This date falls on Veteran’s Day and the Village of Louisville is closed on that day. It was decided to set the meeting one week earlier on November 4, 2010.

Attorney Bright presented and explained the new Freedom of Information Act Ordinance to the Board. The Ordinance changes the allotted period to distribute the information requested by someone from seven days to five days and requires Treasurer Bailey and Clerk Daws be appointed the Freedom of Information Act Officers and Open Meeting Act Officers. He explained that the fines for not complying could be anywhere from $1,500.00 to $2,500.00. Motion to approve this Ordinance made by Trustee Poehler and seconded by Trustee Byers.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

Trustee Byers inquired about the meals on wheels program. President Murbarger explained that CEFS is currently in the process of hiring someone.

Trustee Byers then asked about the fiber optic installation that is currently going on within the Village. She wanted to know when the estimated completion time of the project was as her concern is that a Village employee must be present while they are digging. Superintendent Harper said that he did not know for sure how much longer they would be here. Trustee Miller stated that this is something that must be done; otherwise, we would be jeopardizing our water lines and sewer lines.

A Motion to go into Executive Session made at 8:28 p.m. by Trustee Byers and seconded by Trustee Poehler for review of previous Closed Session Minutes, Disposition of Property and Personnel.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

At 9:01 p.m., Motion made by Trustee Miller and seconded by Trustee Poehler, to go back into Open Session.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

Motion made by Trustee Poehler to approve December’s Executive Session Minutes, seconded by Trustee Miller.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

Motion to allow Attorney Bright to prepare an Ordinance that would allow the Village to either sell or dispose of the trailer building located on the property at 300 Erwin Street, made by Trustee Byers and seconded by Trustee Miller.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

Discussion was made regarding whether the Village should modify its animal control ordinances regarding dogs. No action was taken.

At 9:07 p.m., a Motion to recess the meeting until Thursday, January 21, 2010 at 6:00 p.m., made by Trustee Byers, seconded by Trustee Poehler.

Roll Call

4 Ayes – 0 Nays – Motion Carried

2 Absent – Trustee Rinehart and Trustee Fender

_______________________ Dale Murbarger

Village President

________________________

Jodi L. Daws

Village Clerk

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Date

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