Thursday, May 28, 2009
 
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City briefs: Singleton lift station, bonding city employees, overabundance of brush, police officer testing, sweep-out planned for City Hall attic and police evidence vaults, and more

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[May 28, 2009] 

Engineering contract for Singleton Project delayed

Alderman Orville "Buzz" Busby said that he has received the contract from Donohue & Associates for the engineering and design of the Singleton project.

This is a sewer project that takes the Kmart lift station equipment out of its location to the Singleton site. It also includes the new construction at Malerich Drive for Castle Manor and the new hospital complex.

Bill Bates, city attorney, said that as always, he is concerned about the terms of the contract, which includes an indemnity clause that would hold the engineers only partially responsible for damage to private property should the design be flawed.

He said that typically contractor agreements do not protect the city well enough in issues of liability.

Bates said that in the worst of cases, if the design doesn't work, it could result in sewerage backup in homes and or businesses. The end result would be not only a new design and reconstruction, but also the cost of damage to those who were affected. He added that most insurance companies would not cover claims due to faulty planning on the part of a hired contractor.

Busby said that he would go back to Donohue and ask them to take the indemnification clause out of the contract, but he really doesn't expect them to go along with it.

It was also noted that the last time the city used Donohue, the same issue came up, the city made a similar request, Donohue denied the request, and the city decided to live with it.

More than likely the same thing will happen this time, according to Busby, but he added it was worth a try to see if they would remove the clause.

Bond coverage of city officials

Alderwoman Melody Anderson has been investigating the bonds on city officials for a while now and offered the council a list of discrepancies in the bond coverage versus ordinance requirements.

The city is required to bond all elected and appointed officials. Anderson said that there were discrepancies between the ordinance amounts and the actual bond amounts.

The most crucial of these was in the bond of the city clerk. While the ordinance says the bond shall be only $5,000, the current bond is for $100,000. Anderson suggested that the city clerk's bond should be equal to that of the city treasurer, which is $250,000. The council agreed.

Anderson said that as employees, city police officers were to be bonded. She didn't find any reference as to why, but police Chief Stuart Erlenbush said he thought that was a requirement. He will investigate it further and let Anderson know what he finds out.

A few of the bond issues will require new city ordinances, such as for the clerk's coverage. The new ordinances will be voted on at a later date.

Too many storms, too much brush

According to Tracy Jackson, street and alley superintendent, there is an 18-month backlog on brush burning at the city landfill. He says that the city is burning waste every day that it doesn't rain, but they cannot possibly get caught up.

Part of the reason for the backlog is the amount of damage caused by storms over the past two winters, and part of it is due to an eight-month delay in getting the city's burn permits.

Jackson explained that there is a service from Argenta, R & R Services, that takes this type of waste and recycles it into salable mulch. They have agreed to take the city's excess for a cost not to exceed $9,000.

Bates said he had read the contract that the service sent to Jackson, and it is very unclear about what the charges are. First of all, it itemizes the cost of the project, then lists a minimum cost of $6,500 and a "not to exceed" amount of $9,000. Bates says that the way it is written, it is not clear what the city's total obligation is.

Bates said that it looks to him like the contract is $6,500 plus the itemized costs.

Jackson assured him that was not the case, but said he would send the contract back to R & R for clarification.

Jackson also said that once R & R takes the excess, city crews will be able to keep up with the burning.

Commission sets dates for police officer testing

Erlenbush said that the police and fire commission has set the dates for police officer testing for three days in June.

Application packets for police officers will be available at City Hall on June 3, with officer orientation scheduled for June 13.

Physical agility testing will be at 8 a.m. on June 20 at the Lincoln Rural Fire Department complex, and the written exam will begin at 1 p.m. that same day at the Logan County Safety Complex.

Erlenbush said these dates would be advertised publicly and added to the police department's Web site.

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Auto Sales

No ghosts in the attic

Prior to the Tuesday night city council meeting, the building and grounds committee met to take a tour of the City Hall attic. Alderwoman Joni Tibbs said there is going to be a big cleanup upstairs.

The council and other attendees were taken up in two groups and allowed to look around. The attic is typical of what you would see in most old buildings -- no ghosts, but a lot of ductwork, pipes and "excess inventory."

The council discussed the feasibility of selling some of the electronic equipment they saw. Alderman David Wilmert said that the old computers that he saw weren't worth a great deal of money.

Evidence vault to be cleaned out

For the past month, the police department has been conducting a complete audit of the evidence vault.

Erlenbush said he had thought they were going to have a space issue for storage of evidence in the near future, but during the audit they have determined that there are approximately 1,500 cases with multiple exhibits, where that the evidence can now be disposed of.

All the information regarding these exhibits will have to be taken to the state's attorney's office for approval of disposal.

Erlenbush said that many of these cases were very old, and he felt there would be no problem with disposing of the evidence.

Resolution for motor fuel tax added to consent agenda

For a resolution or any other normally voted upon matter of business to be placed on the consent agenda, it must be addressed in detail at the committee of the whole and agreed upon that there is no need for further discussion or investigation prior to the vote.

Alderman Dean Henrichsmeyer asked that the motor fuel tax resolution be read by the city clerk and, if unopposed, be added to the consent agenda.

The appropriation for the 2009 calendar year will be $545,919.10. The council agreed to add the vote to the consent agenda.

June 13 cruise-in bigger

The Railsplitter Antique Auto Club has requested that Kickapoo and Broadway around the courthouse downtown be closed on June 13.

Originally they had asked that the parking spaces along the inside of the square be reserved for their use. However, the club is anticipating a much larger participation of vehicles and wants to use both sides of both streets for show vehicles.

Concerns about actually closing Broadway were voiced, as it could cause delays in response to police or fire calls. Jackson said that a 12-foot passageway through Broadway would remain for fire or police to traverse.

This item was added to the city's new consent agenda format.

Delays on City Hall roof

City engineer Mark Mathon said that the contractors for the City Hall roof project have not yet been able to move their materials and equipment into town, but they hope to early next week.

Relay for Life to paint the town purple

The Logan County Relay for Life will have its annual relay event June 19-20 at Lincoln Community High School. The group has asked that they be allowed to whitewash Wyatt Avenue, add purple bows to trees and put up signs for the event.

The request will be added to the consent agenda for Monday night's meeting.

Turner will be absent for the next three weeks

Alderman Nathan Turner told the council that he is being sent to South Africa on business and will be absent from meetings for the next three weeks.

[By NILA SMITH]

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