06/22/09 Special Meeting PDF Print E-mail

Bridgewater City Council Special Meeting Minutes

June 22, 2009 7:00pm

The City Council of the City of Bridgewater met in the Council Room for a special meeting on 06/22/09. The meeting was called to order at 7:00 pm by Mayor Barattini. Answering roll call were Bob Anderson, Phil Heiberger, Verlyn Hudson, Caron Neumann, Ryan Watters, and Mayor Martin Barattini. Absent: George Guenthner. Others present: Finance Officer Joan Julson, Attorney Mike Fink and Jerry Smithhart.

Jerry Smithhart presented quotes for replacing the condensing unit in the city liquor store. Quotes were from Flatlanders Sales & Repair for $4489.00 and Hussmann/Taylor Industries Inc for $4796.50 (doesn’t include electrical work). Smithhart also informed the council that Flatlanders would need ½ up front to buy materials. Finance Officer questioned whether we could legally do this. Motion by Heiberger, second by Hudson to accept the bid from Flatlanders as long as we can legally pay ½ up front and he’s insured. Motion carried. Smithhart also found out that we can get ceiling tiles for the suspended ceiling in the city liquor store for $3.53 on sale at Menards until the weekend. We need approximately 180 2x4 tiles. Motion by Heiberger, seconded by Hudson to buy ceiling tiles from Menards for the city liquor store. Motion carried. A quote from Weber Construction for labor & materials to replace the ceiling tiles in the bar was gone over, but it was decided to see if maintenance would be able to put up ceiling tiles instead.

Council discussed the Alltel cell phone tower changes to the site plan. The movement of the tower a little further west satisfied the council. With no further concerns, a motion by Hudson, second by Heiberger to pass Resolution #09-0806A on the cell phone tower. Roll call vote: all present voted aye. Motion carried.

City Of Bridgewater

Resolution 09-0608A

RESOLUTION OF THE CITY OF BRIDGEWATER APPROVING PROPOSED ALLTEL COMMUNICATION LEASE AGREEMENT AND AUTHORIZING MAYOR TO ENTER INTO AGREEMENTS

WHEREAS, the City of Bridgewater has been presented with drafts of a Communications Site Lease Agreement with Alltel Communications, LLC, and a "Memorandum of Lease" which would serve as public notice, by recordation, of the Lease between the City of Bridgewater and Alltel Communications; and

WHEREAS, City Attorney has reviewed the Lease and Memorandum of Payment and has provided his opinions regarding the same to the City Council; andWHEREAS, the City finds it to be in the best interests of the public to enter into a Lease Agreement with Alltel Communications, LLC;

NOW THEREFORE BE IT RESOLVED,

That the City shall enter into Communications Site Lease Agreement and Memorandum of Lease in the form attached hereto and concerning the property described on Exhibit A of the Lease:

That the Mayor is hereby authorized and directed to execute said Lease Agreement and Memorandum of Lease upon presentation of the original documents by Alltel Communications, LLC;

That, specifically, the City agrees to the terms of said Lease Agreement, including the term which provides Alltel Communications, or its successors with a right of first refusal, which is specifically set forth in the Lease Agreement and Memorandum of Lease;

That the Finance Officer is also authorized and directed to execute the Lease Agreement and Memorandum of Lease, on behalf of the City of Bridgewater, South Dakota.

PASSED AND APPROVED this 22nd day of June, 2009, by the City Council of the City of Bridgewater, South Dakota, by the following vote:

5 Votes in favor                                        0 Votes opposed

                                                                                                       City of Bridgewater       

                                                                                                       Martin Barattini - Mayor

ATTEST:          

Joan M Julson - Finance Officer

(SEAL)

The smell still coming from Bridgewater Quality Meats was discussed at length with attorney Mike Fink. Attorney Fink has sent a Notice of Demand to Abate Nuisance to Ilan Parente saying that he had until June 18th at 5 pm to have the nuisance cleaned up. Ilan Parente called on the morning of the 18th stating he was having a crew come over and clean up. He stated he had secured a dumpster for the rotting meat in the building. Two workers came a couple of days and did some of the cleanup. Brad Stiefvater, McCook Co. Emergency Management Director looked into the situation. He went into the building and made initial observations regarding the scale of the problem. Due to breathing issues with the foul smell, he couldn’t fully assess the situation. The council gave permission to Attorney Fink to give Ilan Parente – Bridgewater Quality Meats until Wednesday to clean up and if nothing more is happening, file a complaint. Attorney Fink is to use his discretion in getting this matter resolved.

Motion by Heiberger, second by Neumann to go into executive session for personnel issues. Motion carried. Time 8:13 pm. Mayor Barattini declared executive session over at 8:22 pm. It was discussed that Gayle Moen would like 60 days before his retirement. Motion by Heiberger, second by Neumann to accept Gayle Moen’s resignation as of Sept 1, 2009 and if the council is mistaken about the date he should appear personally at the July 6, 2009 meeting with the correct information. Roll call vote: all present voted aye. Motion carried. Mayor Barattini will sign a letter stating above information addressed to Gayle Moen by certified and regular mail.

Motion by Heiberger, second by Neumann to adjourn. Motion carried. Time 8:33 pm.

Martin Barattini - Mayor                                         Joan M Julson – Finance Officer