Date: 
Tuesday, December 8, 2009

Roll call showed the following members present for the regular meeting held this date. Burnell, Meyer, Schwartz, Hoffman, Kuck and Stienecker. Also present were Mayor Pape, Solicitor Smith, Chief of Police Harrod, Fiscal Officer Gast and Village Administrator York. 
 
Visitors were Mandy Niekamp, Steve Wills, Don Gruenemeyer and Troy Shepherd representing Sawvel and Associates, Matt Krieg, Angie Weaver representing The Evening Leader and Margie Wuebker representing The Daily Standard.
 
Minutes from the November 24 meeting were approved with the following amendment: Page one, paragraph eight add Burnell made a motion to suspend the rule. Second by Stienecker. All ayes. RESOLUTION 2009-11-41 authorizing change order #2 for the White Mountain Substation Upgrade to Midwest Electric Control Specialists, Inc. in the amount of $3570.58 increasing the total cost of the project to $232,999.58. Motion by Hoffman, second by Meyer. Five ayes. Motion by Hoffman, seconded by Meyer. All ayes.
 
Mayor Pape made the following announcements in his Mayor’s Report:
- Wished everyone a Merry Christmas
- Presented Councilman Meyer with a plaque of appreciation for the time he served as Councilman. Introduced Steve Wills as the incoming Councilman.
- Announced Council will meet at the Bicycle Museum on Jan. 12, 2010 at 5:30 p.m. for the swearing in of the newly elected Council members. The oaths will be taken in front of the restored Civil War flag the men of Auglaize County’s Company C carried into battle.
- Cautioned residents about throwing rocks into the canal. Will ask the school to notify the students.
- Thanked Delores Stienecker for the Christmas cookies.  
- Village Administrator York updated Council on various projects within the Village.
 
Don Gruenemeyer, representing Sawvel and Associates, presented a presentation of the Greenup and Meldahl Projects. From the review, Sawvel recommended that the Village of New Bremen purchase 50 kW of the project.
 
Third reading ORDINANCE 2009-11-18 authorizing participation in a power contract through AMP in the development of the Meldahl/Greenup Hydroelectric Project located on the Ohio River. These two projects are being marketed to AMP members jointly at a 60/40% (Meldahl/Greenup) ratio. AMP recommends 50 kW for New Bremen. Motion by Kuck, seconded by Schwartz. All ayes.
 
Meyer made a motion to suspend the rule. Second by Stienecker. All ayes. RESOLUTION 2009-12-49 authorizing the expenditure of funds from January 1, 2010 through January 12, 2010 when the 2010 Appropriation Ordinance will be adopted. Motion by Burnell, second by Hoffman. All ayes.
 
Burnell made a motion, seconded by Meyer to amend the third reading of RESOLUTION 2009-11-43 authorizing Change Order #1 to CDA Construction Group, Inc. in the amount of -$14,117.04 (reduction) for the Fox St. and Elk Drive Reconstruction. All ayes. The order is to correct a soft roadway base and adjust quanities. Stienecker made the motion to have the third reading as amended, second by Hoffman. All ayes.
 
Burnell made a motion to suspend the rule. Second by Kuck. Second and third readings RESOLUTION 2009-11-48 authorizing Change Order #1 and final to Tom’s Construction for the NB-NK Rotary Centennial Park. The cost is $6318.00 increasing the total cost of the project to $127,782.00. The working platform for the aggregate pier installation had to be modified. Motion by Schwartz, seconded by Meyer. All ayes.
 
Schwartz made a motion, seconded by Meyer to untable the second reading of ORDINANCE 2009-5-13 establishing a Retire / Rehire Policy for the Village of New Bremen. There was discussion that the policy already in place in the Employee Handbook Article 14 Section 14.1 was working adequately and why change it. Kuck made a motion for the second reading, seconded by Burnell. Five nays. Meyer aye. Ordinance defeated.
 
First reading ORDINANCE 2009-12-20 amending Article 14, Section 14.1 of the Employee Handbook by changing the language to read Any employee requesting to retire after receiving full service credit and wanting to return back to employment with the Village of New Bremen in the same capacity and classification shall obtain approval from the Mayor, Village Administrator or Chief of Police followed by the approval of Village Council prior to signing official retirement papers with their State Public Retirement System. Motion by Kuck, seconded by Stienecker. Five ayes. Meyer abstained.
 
Kuck made a motion to suspend the rule. Second by Burnell. All ayes. RESOLUTION 2009-12-21 approving the contract with Minster State Bank for a seven-year loan not to exceed $800,000 with a 3.25% interest rate for the financing of the Electric Department service building with interest only in the first two years. Motion by Hoffman. Second by Stienecker. All ayes.
 
Village Administrator York presented the bids to Council for the Electric Department service building.  RESOLUTION 2009-12-50 accepting all bids and awarding the contracts to the lowest bidders: Heyne Construction, Inc. $648,455.00 general contractor, Consolidated Hunter Heating and Plumbing, Inc. $84,254.00 for plumbing and mechanical and Buschur Electric, $38,870.00 for the generator work. The total of the low bids is $771,579.00 which is approximately 25% under the engineer estimate of $1,034,000.00. Motion by Schwartz, seconded by Hoffman. All ayes.   
 
Second reading RESOLUTION 2009-11-44 entering into a contract with Stephen L. Smith for the rendition of legal services beginning January 1, 2010 and ending December 31, 2011. Motion by Schwartz, second by Stienecker. All ayes.
 
Second reading RESOLUTION 2009-11-45 entering into a contract with Robert W. Kehoe for the rendition of services as Mayor’s Court Magistrate beginning January 1, 2010 and ending December 31, 2010. Motion by Burnell, second by Meyer. All ayes.
 
First reading RESOLUTION 2009-12-51 entering into a contract with the New Bremen Emergency Squad for the rendition of emergency medical services at a cost to be determined. The contract begins February 1, 2010 and ends January 31, 2011. Motion by Hoffman, seconded by Burnell. All ayes.
 
Stienecker made a motion to suspend the rule. Second by Kuck. All ayes. RESOLUTION 2009-12-52 authorizing Change Order #1 to Buehler Asphalt and Paving in the amount of $5299.88 increasing the total amount of the Rummel Creek/Melrose Place Project to $92,849.38. Motion by Schwartz, seconded by Meyer. All ayes.
 
Schwartz made a motion to enter into Executive Session at 8:50 p.m. to discuss land acquisition. Second by Hoffman. All ayes.
 
Council came out of Executive Session at 9:00 p.m. and took no action. Adjournment followed with a motion by Schwartz, seconded by Burnell. All ayes.
 
 
Diane Gast, Fiscal Officer