[0:00] One a day, so I eat candy instead.

[0:03] » We will call the next meeting to order. We begin with the Pledge of Allegiance

[0:08] and prayer for those who wish to participate.

[0:12] Pledge allegiance >> to the flag of the United States of

[0:16] America, and to the republic for which it stands, one nation under God,

[0:22] indivisible, with liberty and justice for all.

[0:26] » Dear heavenly Father, help to guide us in a way that's pleasing to thee. Help

[0:30] us to watch over the safety and well-being of the town's people and our

[0:33] employees. Make decisions in your name, we pray. Amen.

[0:44] We have the memorandums from the previous meetings.

[0:48] » I make a motion we accept the memorandums from previous meetings.

[0:52] » I'll second it. >> We have a motion made and seconded that

[0:55] we approve the minutes of the or the memorandums from the previous meetings.

[1:00] All those in favor signify by saying aye.

[1:02] Aye. Aye. Those against signify by saying nay. Motion carried.

[1:08] Attorney's report. >> Well, I know you folks Oh, I must talk

[1:13] like this now.

[1:16] I can solve it too.

[1:19] I I know that everybody enjoys these meetings where I said I don't have a

[1:23] report, and that is not at all what this meeting

[1:27] is going to be like. I cleared the topics to talk about. One

[1:30] of them was the topic you asked me to investigate

[1:34] 2 months ago. I was unable to be at last month's meeting, so

[1:38] this is regarding data centers and the ability

[1:42] of the town to centrally man them from the town

[1:47] itself. Um

[1:50] the communities that have banned data centers in in the

[1:56] city of in the past year or so have all been communities with their own

[2:02] individual zoning structure. When I say that, Marshall County, it's

[2:07] got Marshall County Plan Commission. Uh Valparaiso, Valparaiso has Valparaiso

[2:11] City Plan Commission. So, they all go by their own individual

[2:17] zoning rules. So, what that means is that to

[2:23] uh ban uh data centers or limit them based

[2:27] by use of a zoning ordinance would require the town essentially to get the

[2:32] county to pass a zoning ordinance. And theoretically, the town could

[2:37] champion such an ordinance. If you wish to be a leader in trying to get that

[2:41] done, you would have the ability to get that done, and then that has to do with

[2:45] convincing the powers that be that they are going to do more than they have

[2:50] already. Right now, the county's zoning and I've talked to to Matt Sandy about

[2:55] this. Uh it is a data center is

[2:58] uh a exceptional use. It requires It would

[3:02] require approval in order to fit into the industrial

[3:07] heavy industrial district. But, it would not be it's not

[3:11] automatically banned. Um so, that's one way that theoretically

[3:17] you could go, but you don't have control over that. Uh if a zoning request was

[3:23] made for a data center, they would be asking you for your input

[3:28] as they routinely do with Plan Commission

[3:31] on on various exceptions for uh exceptional uses, I guess that's way to

[3:36] put it. Uh the other way is the town could

[3:40] decide, "Okay, we are going to try to pass an ordinance that says you cannot

[3:44] have this operation in town, period." And

[3:50] uh it would be a again, just a flat ban, but that has

[3:55] not been anything that has been tested in Indiana law, at least as far as I can

[4:00] see. Now, there have been tests where towns

[4:06] have attempted to totally ban a particular operation,

[4:10] but my best advice to you on this is think of it as if you were trying to

[4:15] pass an ordinance basing vanishing tanning beds.

[4:20] And there would be some that would be potentially attacked that by saying, you

[4:24] know, you just can't flatly tell us in every respect what we can do we cannot

[4:29] do this with our property. You can put fair restrictions on it. You

[4:33] can put guidelines on it, but you can't just say we can't have a tanning bed.

[4:38] And that's potentially where litigation would come out with regard to a flat ban

[4:46] on data centers. Now, if you

[4:51] if you champion or work to extend the moratorium with the limitations, I

[4:55] should say it's not a moratorium, limitations that the county has on it,

[4:59] or have a moratorium for a while while they look at the rules further,

[5:04] then if litigation occurs over that, which is doubtful but possible, then it

[5:10] would be the county who would have to defend that particular action.

[5:15] If you decided to pass an ordinance flatly banning them, not by using zoning

[5:20] but by simply saying you can't have this in town like you would with tanning

[5:24] beds, that would be something that if you were

[5:28] forced to defend it, that would be you defending that litigation in court

[5:32] because that would be a sound ordinance, not a zoning ordinance.

[5:39] That's my mouthful explanation of what I have investigated about data centers.

[5:44] If you have any questions, please feel free to fire away.

[5:49] What about a moratorium? Can we enact a moratorium?

[5:55] Could we >> It's been about right now.

[5:59] » Yeah. >> Which

[6:01] obviously would probably lead to litigation eventually.

[6:04] Uh can we say, "Okay, we would like to create an ordinance that places a

[6:08] moratorium on them for a specific amount of time?"

[6:11] » No. >> Okay.

[6:19] So, we're at the mercy of the county.

[6:23] In in any type of >> I've actually That's the only thing,

[6:26] yeah. You have to decide that we'd have we'd have no plan commission of our own.

[6:30] » Right. >> Um and I actually spoke to the county

[6:33] commissioner about this situation. Um

[6:39] It's an interesting conversation.

[6:43] Um

[6:47] and the county's aware of it, but I I have to believe that the county

[6:53] um

[6:56] hopefully has the best interest of the county citizens of the county at heart,

[7:01] but I also think that they see it as a way to make money.

[7:05] » Well, and >> which which I'm not saying is a bad

[7:08] thing, but it that could be at the expense of

[7:12] people in the community where those places are decided to locate.

[7:15] » And the other thing which is not I don't think anything controls your decision,

[7:19] but it's something to be aware of is that I think there's probably some

[7:22] discussion down at the state level about taking over

[7:27] the regulation of location of data centers.

[7:31] And of course, if the state takes it over, then

[7:35] you know, the home rule provisions won't apply. The state will have been

[7:38] litigating in that area, and therefore, it's out of your hands totally.

[7:44] » Then it would take it out of the county's hands as well.

[7:46] » For sure. Yeah, absolutely. >> Just

[7:48] um

[7:52] So, currently, Jay, the Board of Zoning

[7:58] Currently, Jay, the Board of Zoning Appeals would be the one to make that

[8:03] vote. Correct.

[8:07] If there was a and I I'm pretty sure I'm generally answering

[8:13] his question in a general way that's accurate.

[8:16] Uh but uh if it's a question of exceptional use, the Board of Zoning

[8:19] Appeals make the decision. If it's a question of kind of rezoning, uh you

[8:23] know, broader sense to restrict it even further, then that's the Area Planning

[8:27] Commission make the decision. Depends on whether you're operating under the

[8:30] current ordinance or whether you're talking about extending and having a

[8:33] different ordinance.

[8:37] » Uh one of the things

[8:40] One of the things that I spoke with to that individual is I think that the Area

[8:45] Planning Commission is going to look at some guidelines

[8:50] for these types of facilities within the

[8:54] county. Like I said, I think they're in favor of

[8:57] them to a certain extent, but I think they want to place some guidelines in

[9:01] front of the businesses that want to come in and do it

[9:05] to ensure um

[9:09] a better situation for everyone involved.

[9:14] » Well, one of the things to remember is that uh there have been over at least my

[9:19] career over 40 years uh a couple of instances where

[9:24] uh the local uh town or the county itself has

[9:28] attempted to uh zone out of business certain activities they did not like.

[9:34] Uh one of them being, if you come to close to my house in North Webster and

[9:38] look at the search light, you can figure that out. And they were not able to do

[9:43] that and partly because generally speaking, you have to give people some

[9:48] right to take action and do something somewhere.

[9:52] Uh if you take somebody's rights away to have any business anywhere in town, uh

[9:57] they have potential to sue you for what's called inverse condemnation.

[10:01] » Well, what I was speaking to, I don't think the county's trying to prevent

[10:05] them from doing it. I think they're trying to create a situation where

[10:10] if someone comes in and try to do this, it's done in the

[10:14] best way possible for the people of the community.

[10:16] » Yeah, and that's the basis for them doing a moratorium in the first place,

[10:19] which is hey, we don't we've got these data centers springing up

[10:25] anticipating data needs at volumes we did not anticipate we would need 5 years

[10:30] ago because of uh of AI and the computer power that's simply needed for that.

[10:36] Uh and so we want to place a moratorium to try to make sure we do this to rules

[10:42] that make sense. None of those None of those counties or towns are saying, "We

[10:47] want to have a zoning ordinance that totally gets rid

[10:50] of data centers." For exactly that reason.

[10:54] » So I just have a quick question. Um if the board of zoning says, "Okay, yeah,

[10:59] we're going to grant this special exception." Does it still go to the

[11:02] commissioners to approve after that or is it in there?

[11:06] » It's there. The plan commission changes in the zoning ordinance ultimately have

[11:11] to be approved by by the county commissioners.

[11:15] Exceptions do not have to be changed. Approved.

[11:19] » Yeah, that's where I was a little confused. I didn't know if the exception

[11:21] would have to go there, but if it does, we're good.

[11:25] » Right. >> Area plan has to go back to the town.

[11:30] » The They that area plan commission has to

[11:33] come to to well if a zoning ordinance is your planning

[11:38] commission and the county commissioners are in

[11:41] control of passing the county zoning ordinance.

[11:46] That's their call.

[11:50] » I thought we as town had the last call on

[11:54] area planning issues and not >> Well, I don't think on the overall

[11:59] zoning ordinance I don't think you do. >> No, not on the zoning

[12:02] » Yeah, right. That That's what we're talking about is the zoning ordinance

[12:05] itself. If they had a change in the zoning ordinance

[12:09] Yeah. That's them. That's county commissioners that do that.

[12:12] If it's a BZA thing it's an exception then

[12:17] they come to you for your opinion and they get the final word but they've got

[12:21] to have input from you. >> Yeah. Yeah. Yeah.

[12:23] » We give you credit.

[12:29] Any more questions on my topic number one here?

[12:36] Okay. >> I have

[12:38] » Sorry. >> I guess

[12:41] explained to us the way it was or the way it is, I think it's probably in the

[12:47] town's best interest to let the county handle it and

[12:51] see what happens. Okay.

[12:57] » Okay, so item number two, trails mediation and condemnation.

[13:02] Um as you may recall we had in the purchase offers that were made from

[13:10] USI in acquiring property for the trail. There was one landowner who was not

[13:16] willing to agree and so we had to file a suit against him

[13:21] in circuit court for condemnation. Now, condemnation requires first of all,

[13:28] filing a complaint and then letting the affected party file any objections that

[13:35] they might have to the need for condemnation.

[13:39] Meaning, somebody can come in and say, "Well, we think the town's going to put

[13:42] in an ice cream stand." And if the town doesn't really need an ice cream stand,

[13:46] or that's not an appropriate government function, or what is There's several

[13:49] different reasons. Uh and the affected landowner may note

[13:52] such objections. So, the next step is then to appoint a

[13:58] panel of three appraisers who uh then value the property.

[14:04] Once that appraisal report is in, if the town puts the amount of money in that

[14:11] the appraisers say the property is worth,

[14:15] then the property automatically becomes the town's.

[14:19] And there would still be litigation later, potentially, if that guy says,

[14:24] "Yeah, we know the report from the three appraisers was not sufficient, and I

[14:28] want to argue about the actual value." But at that point, you own the property,

[14:33] which is part of the what we're trying to do to get done here, to get the trail

[14:37] project done, uh and uh get get that done in a timely fashion for grants and

[14:43] all that stuff. Well, the headache I've had over the

[14:46] last several weeks is finding three appraisers that would qualify to do the

[14:50] report. Uh one of them has to be a

[14:56] a just a a free freeholder of the property, meaning they own land in

[15:01] Kosciusko County. Well, I got that. That was getting a

[15:05] retired person to do it. The other two, though, needed to be certified

[15:09] appraisers, one of whom had to live within at least 50 miles of the affected

[15:13] property. But there are not of a ton of certified

[15:17] appraisers running around. And there are even fewer of those that

[15:24] wish to take on this kind of project, which frankly is a little more

[15:29] complex intellectually and probably a little bit less lucrative financially

[15:33] than most of the appraisals appraisals appraisals they're doing for mortgage

[15:38] companies and banks right now. But I finally found them.

[15:42] Two weeks ago, the judge issued an order of instructions to them last week.

[15:47] And hopefully we're going to have that appraisal in before the end of the

[15:53] month.

[15:55] Once that is in, I will file that appraisal and then the next step will be

[16:01] for the town to come up with that amount of money.

[16:05] And that's the funding thing with your consultants. I don't know where that

[16:08] funding money comes from, but >> I got it.

[16:10] » You got it. Um and so that'll be the next step in

[16:13] that project. But I wanted to give you an update on that.

[16:17] Uh the project the process has not been moving

[16:21] quickly as I like and it's really because I've had a hard time finding

[16:24] appraisers.

[16:27] Um I I talked to the one of the folks your consultants uh and

[16:32] he said, "Well, the judge is supposed to pick those." And I said, "Yeah, but when

[16:35] we have those picked, the judge turns to me and says,

[16:38] 'Okay, who should they be?'" The judge doesn't have a whole list of

[16:42] appraisers that he goes out there he's asking me, "Okay, well, who do you who

[16:46] do you have?" And

[16:49] that's where that's where the struggle has been, but I finally got folks that

[16:53] can can and told me they are willing to do it.

[16:56] » And that amount could come in the appraisal amount could come in lower

[17:01] than the original offer was or higher than the original offer.

[17:04] » Sure. I might bet in this case it's going to come in lower.

[17:09] » That's what my question are we still obligated to the higher offer that we

[17:13] did do to keep from going court or will we actually pay what

[17:16] » You will pay what the appraisals appraisers say is the value of the

[17:22] property that you are receiving. And you know, you were willing to make a

[17:28] higher offer because you're going to save costs for Well, for example, doing

[17:33] the litigation that I'm involved with you in right now.

[17:36] And that money that you would have given to him is now going to me and to a

[17:40] praiser.

[17:43] » So, effectively, it might be a wash. Cost wise.

[17:46] » You hope you'll do better. >> I would hope so.

[17:48] » Hopefully, yes. >> I think given what I know about the

[17:51] numbers, I think the answer is you're well likely to do better than

[17:54] that it could be a wash.

[17:57] » Thank you very >> Okay.

[18:01] Third thing is the Miller

[18:08] The The Miller >> Swanson.

[18:10] » Yeah. What's the word I'm thinking of? Uh it's not condemnation. The the Miller

[18:15] demolition litigation. Uh and I have an affidavit which I'm going

[18:21] to leave here and our very qualified pertrazier will round up the uh the

[18:28] building commissioner to sign this affidavit.

[18:31] I will then tender that with my own affidavit circuit court and hopefully we

[18:35] will get an order that allows you to demolish the property.

[18:40] Uh if we do not uh and then I'm sure the judge will set it

[18:44] for a hearing on whether we're entitled to get that. And that will just happen

[18:49] as soon as possible. When I say that

[18:52] might happen, it's because something very unusual happened in this case. We

[18:57] talked about it a couple months ago, which is somebody purporting to be the

[19:01] defendant's attorney in fact decided to file an answer, but they're not really

[19:06] an attorney. So, it's actually it's an illegal

[19:09] practice of a to do that. and the logic of that is fairly clear,

[19:15] which is if you could just pass your own ability on to represent you to anybody

[19:19] else, well, there'd be a lot of folks doing that, and there wouldn't be many

[19:23] of us having jobs anymore. Uh so,

[19:27] that that I don't know what the judge is going to do with that particular thing.

[19:32] I have no idea. I have no question about what I would do if I were the judge, but

[19:36] I'm not the judge, so that's why I wouldn't let him do that. But, I'm going

[19:39] to bring this down to Trisha here after I get done talking, and I'm going to

[19:43] assume that you can arrange for Scott to come in and sign that. If you

[19:47] have any issues, just give me a call. >> Okay.

[19:49] » So, that's the update on that. I know you all wanted an update on that as

[19:52] well. >> Jay, I assume then will if we take on

[19:55] the demolition and pay for the demolition, we'll put a lien on the

[19:58] property to retrieve those costs. >> That is an expense that you can tax onto

[20:03] the real estate, absolutely. >> What about the other properties? Is

[20:07] there any word on them? >> Where are they?

[20:10] » No, no, I haven't the I assume you're talking about the other

[20:13] properties that we've sent letters to and have sent the reports to.

[20:17] » Yeah. >> I'll take that. Sure thing.

[20:20] » I thought you were going to take my microphone.

[20:22] » Nope. >> Okay.

[20:23] There you go. >> The one on Main Street and Fourth

[20:26] Street. >> Yeah.

[20:28] on that, but the means to go about the idea I think is you need to have a

[20:32] building inspector that can look at it. And last I heard, that was lacking.

[20:37] I'm not qualified to go and take a look at it and say whether this person is

[20:41] complying with the orders or not. So, until you have somebody that can

[20:45] say, "Yeah, he did comply." or "No, he didn't comply."

[20:49] I'm kind of stuck. There's not much I can do after this.

[20:51] » So, nothing's been done at all. Is that don't matter? You need a building

[20:55] inspector. >> Yeah, there's nothing I can do. I I

[20:58] mean, the only way I can answer that question is you go down there and look

[21:00] at it yourself and see if anything's been done, but legally, there's nothing

[21:03] I can do because I have to have somebody that can say, "Hey, that building

[21:08] inspector's report was not abided by." And then if if if I get that, then there

[21:15] are things that I can tell you you can do. But I'm not going to tell you you've

[21:20] got rights to do anything until somebody knows more about those buildings or

[21:23] buildings in general than I do says, "Yeah, okay. This is the things that we

[21:28] asked to be done aren't done yet." >> Thank you, Mr. Mayor.

[21:35] » So, that was a lot. Do you have anything else? That's all I've got. Do you have

[21:38] anything else for me? >> Yeah, anything else for the attorney?

[21:45] » Keep up the good work. >> Thank you.

[21:48] » I guess we make a public service announcement that if there are any

[21:51] building inspectors out there who would like

[21:54] to come and inspect some properties, we'd like to hire them.

[22:00] Okay. Anything else for the attorney? We're

[22:03] moving on to public input. >> Mr. Wyatt?

[22:08] » Up. >> You want Mike?

[22:10] » I do. And Mike, you're up.

[22:17] You're right, but

[22:20] » I have two items for you tonight. Uh the first is a pay application on division A

[22:26] waste water water treatment plant project. This is pay application number

[22:30] 12. Um On this pay application is more of the

[22:33] continued progress on that project. A lot of it is internal plumbing, some of

[22:37] the fixtures. Um

[22:39] this one's a little bit smaller than the previous ones uh for $60,584.22.

[22:46] $584.22. And we recommend approval.

[22:51] » Once again, I'll ask you to do that fall within the guidelines of what we had.

[22:55] » Yeah, everything out here is part of the bid prices.

[22:58] » Okay, thank you. >> I make a motion we

[23:02] pay that bill. >> I'll second.

[23:05] » You hear a motion made and seconded. All those in favor signify by saying aye.

[23:09] Aye. Opposed same sign. Motion carried. >> And then the uh second item this is for

[23:15] um proposed change order number three on

[23:18] that same project. There's four items on this change order. I'll just go through

[23:22] each one individually. Uh first um would be to install a new

[23:27] hydrants on the system side of the treatment plant.

[23:31] Um this kind of provides benefit for

[23:34] uh establishing um and setting up the entire treatment plant. Gives them

[23:39] another uh point of flushing. Um kind of also helps uh long term to have a second

[23:45] uh hydrant. They now got hydrants on both sides.

[23:48] The well side and the city side of the treatment plant.

[23:53] Uh second is uh adding a sample tap inside the uh waste water treat

[24:00] inside the water treatment plant. Um right off the raw water uh line.

[24:04] Um this would effectively um make taking raw water samples easier

[24:11] uh for the town rather than having to go to the well building like you do now.

[24:16] Uh third uh would be replacement of the VFDs on both existing supply well pumps.

[24:23] Um this is kind of something that's come up during the project as we thought

[24:29] about how to accomplish uh demoing the wall that is within the

[24:35] existing well building. Um one of the VFDs is on that wall.

[24:40] Our contractor has basically concluded that can be done. We can demo the wall

[24:45] and relocate that VFD while while keeping um the other live. Uh but uh you

[24:51] know, more discussion with the town. The thought was well, these VFDs are pushing

[24:56] 10 years old. It's not beyond their useful life, but

[24:59] it's approaching it. Um and if we did replace them, then we

[25:03] have the ability to relocate them into the new uh water treatment plant

[25:07] building. So, there's a long-term value uh to that as well.

[25:12] Uh and then lastly, if you recall, I mean I believe it was

[25:17] change order one when we added exterior painting uh to the treatment plans.

[25:22] Um that was an add of $20,580.

[25:26] Well, since that time, um ARRO Odor has gone back to their

[25:31] uh supplier and manufacturer of the block to further investigate why it was

[25:36] having moisture coming through. You know, if you recall at that time, we

[25:41] couldn't really determine if it was a short-term thing, if it was going to be

[25:43] a long-term thing. We had a wet spring. The block was allegedly wet when it was

[25:49] sitting on pallets ready to be installed.

[25:52] Um they weren't really able to determine

[25:55] that there was any issue with the block, uh but they also weren't able to

[26:00] completely eliminate the possibility, either.

[26:03] Um and again, the the issue or the the issue in question

[26:06] isn't necessarily the structural integrity of the block, it's just its

[26:09] waterproofness. Um so, with amongst themselves, they

[26:14] weren't really able to satisfy their own curiosity and the the material the block

[26:20] supplier was willing to maintain a good relationship with the town, cover the

[26:24] cost of that exterior painting. So, that's the fourth item here is to be

[26:29] essentially deduct that value back out of the project. Um you know, and it's

[26:34] money saved in in your guys's case. So, all four of those items uh come to a

[26:40] total change order net increase of $39,715.00.

[26:47] Also in this change order is a change a change in contract time, so it's an

[26:52] add of 56 calendar days. That's essentially

[26:56] because of the scheduling of needing to replace those VFDs.

[27:01] That's going to be the very last thing they do. Demolishing that wall within

[27:04] the well building, switching those VFDs into the treatment plant building.

[27:08] So, our contractor is requesting some additional time to do that.

[27:12] Um, we've made it clear that the intent isn't to slow down any other work, um,

[27:16] to, you know, to block their schedule. Um, it's just the VFD the installation

[27:20] that would go into that time. And I do believe that 56 days is probably

[27:24] conservative, but, um, you know, we'd rather them ask for the

[27:29] appropriate amount of time rather than, you know, exceed their their time

[27:32] allowed. So, that's part of this change order as well.

[27:35] Um, yes, we've reviewed it. All of the

[27:38] costs, um,

[27:41] we've got, uh, no issues there. Uh, we recommend approval if that's, um, if

[27:46] these are all items that the town would be interested in. As far as the overall

[27:49] project, we've got about $150,000 in contingency on the project as well. So,

[27:56] these added costs would be part of the the, uh, the SRF funds.

[28:03] Happy to take any questions. >> Question, Ryan.

[28:06] Does the 56-day extension create any create any issues with the grant itself?

[28:15] » No. No, the time frame with SRF is not an issue, no.

[28:19] » Okay. >> No, they they typically SRF usually

[28:21] states that they like all funds to be spent within 2 years, but historically

[28:25] they never penalize when something gets added and that extends the time frame.

[28:30] They know a lot of these projects, while they have very long construction

[28:33] durations, you add work to them, that's obviously going to impact the schedule.

[28:37] So, no, there's not going to be any issues with

[28:40] with the time frame from SRF, no. >> Ryan, I think I can speak loudly enough.

[28:44] I don't need a microphone. That's good. So, backwash tank, where are you on

[28:49] that? Where are they on that?

[28:51] » Yeah, the the issue with that has been >> the water.

[28:55] » that. >> Yes.

[28:56] So, we talked about it a little bit at the last progress meeting. Um,

[29:00] a good amount and then Stephen gave an kind of another update today.

[29:05] Um, essentially they've been going on this for 3 to 4

[29:09] months. Um,

[29:11] That's why you see Yeah, going back 3 to 4 months, very

[29:15] wet. Uh, the ground water was higher than typical.

[29:19] Uh, when we originally when we designed the project, we took soil borings and

[29:23] those soil borings logged uh, ground water depth of about 7 to 8 ft deep.

[29:28] So, that's what they're, you know, uh, basically told to anticipate in a normal

[29:33] water condition at the time of the year that those borings uh, were taken.

[29:38] Um, probably their initial attempt at

[29:41] dewatering, which was essentially a trash pump in its zone, was

[29:46] insufficient. You know, a couple months went by,

[29:49] you know, we did have very heavy rains so they weren't exactly incentivized to

[29:52] hurry things up because of the driving weather.

[29:55] Uh, but it simply wasn't successful. Didn't get the pit dry enough to put

[30:00] backfill, actually do this is a this is a a cast in place tank so they need

[30:05] time to to uh, have it all formed and and dry for an extended period of time.

[30:10] About, uh, I would say 2 to 3 weeks ago they got

[30:15] a different company to do the dewatering. They set up well points

[30:19] um, with a much, much larger pump. Uh, if you've been to the site you've seen

[30:23] it. Um, it's basically a kind of like a a little trailer but uh, much larger

[30:28] pump, much more capable of dewatering as they need to. Uh, they did successfully

[30:33] dewater um, down to the depths they needed uh, but then they

[30:38] probably, I don't know, this is more of an opinion thing but lacked uh,

[30:43] sufficient earth retention to keep the sides from caving in. Cuz now you've

[30:46] kind of taken a lot of that moisture that's kind of holding a lot of that

[30:49] sand back. So, they've had

[30:53] I believe it's the north side of their excavation cave in and that knocked out

[30:58] some of their their well points. And basically they had to shut down their

[31:02] pumps and then so the water came back up. So, they're basically reestablishing

[31:06] their excavation now. They've got the right method of of

[31:11] dewatering in place and can continue to proceed with

[31:15] actually getting it suitable to start forming up and placing that backwash

[31:20] tank. So, they've noted that's been a a point of delay for them.

[31:26] Now, at what point does it become a critical path thing where it actually

[31:30] slows the completion of the project? I'm not certain we're at that point. At our

[31:34] last progress meeting they didn't say we were at that point.

[31:37] Um but

[31:39] you know, it's just that there's not a whole lot of other items that are

[31:42] impacted by the backwash tank. It's kind of its own

[31:46] thing. All of the work with the treatment plant keeps, you know,

[31:48] » No, I understand that. >> Yeah. But that's that's as much as

[31:52] I know. At least in my opinion, they didn't

[31:56] really have the right method at the beginning.

[31:59] But I think they're on the right track now.

[32:02] Yeah. >> Do you see them sticking with that plan

[32:05] or is there a possibility they would have There would have to be some

[32:08] re-engineering take place to make something work?

[32:11] » No, I think >> My concern is

[32:13] are are we going to end up seeing a bill because

[32:16] whoever didn't do it properly >> Yeah, that's a problem. That's a

[32:20] reasonable concern, but no. Every I think that they've never asked for any

[32:23] costs or anything ahead of that and they really don't have any grounds to.

[32:26] » That's what I wanted to make sure of. >> Basically, the way our construction

[32:30] drawings show this is what you should expect the ground water to be at. It

[32:33] does give recommendations for dewatering, for earth retention.

[32:37] whether or not they they use all those recommendations, that's that's that's

[32:42] their methods and that's their report. >> Okay, thank you.

[32:45] » Brian, I got a question going back to the 150,000.

[32:49] » Please use the microphone. Thank you. >> When you said we had 150,000, that was a

[32:55] surplus and we're going to take basically the 30,000 off of that. So,

[33:00] » Yes. 40,000 I should say.

[33:04] » There you I'm not used to this, but anyway. Uh

[33:07] » Yes, that's exactly right. >> So, that takes us down to 110, but we're

[33:10] still at a surplus. >> Yeah, yeah, that's exactly right. Um the

[33:13] project after one it closed with us around had a 5% contingency. So, that's

[33:18] the amount that every change order we add to it each project comes out. It's

[33:23] so it's dollars that are in the loan, but not allocated to anything.

[33:27] » And it was actually 59,000, but we got 20,000 credit for the paint. Then they

[33:31] decided to take care of it for us. >> That's exactly right.

[33:34] » I just want to make sure my understanding was correct.

[33:36] » Yeah, and to give you a even bigger picture too on division B,

[33:41] the water main and service project, um we're looking to assemble a change order

[33:46] for that one, but it will be a change order to use unused dollars on that one.

[33:50] It won't the the the point the the target isn't to exceed that original

[33:55] contract amount with that. So, um yeah,

[33:59] you you you'd still have about 110,000 that's unallocated to anything.

[34:05] » All right, thank you.

[34:13] » Any other questions?

[34:18] » I'll make a motion we pay the uh I'll make a motion we pay the 39,000

[34:23] and some change. >> I'll second.

[34:26] » What was the exact number? >> $39,715.00

[34:33] » $39,715.00

[34:36] » Zero. >> Zero.

[34:37] » Zero cents. >> Be a motion made and a second. All those

[34:41] in favor signify by saying aye. >> Aye.

[34:44] » The votes are inside. Motion carried. >> Thank you.

[34:54] » Any other questions for Robert?

[34:58] You got the good one.

[35:01] Moving on to WHR Home Insurance. >> All right. So, we have our general

[35:07] insurance renewal that is up. Yeah.

[35:12] Um and so, our agent is here and our agent's assistant.

[35:18] » Perfect. >> I know, right? Um are here and I will

[35:20] let them introduce themselves. Um basically, we have our renewal amount

[35:24] and he spoke to my folks, but he'll tell you the details.

[35:29] Blue for all of us. >> What's that?

[35:31] » The microphone is new for all of us. >> All right. Good evening. Uh thanks for

[35:36] having us. Peter Shepherd and Mike Hall from Billyard Hall Insurance.

[35:40] Uh thank you for your partnership. I I really appreciate it. Um here to

[35:44] kind of go over uh the '26-'27 uh year for your insurance. Um

[35:51] kind of give you a high-level overview of what we got. Um

[35:55] we can certainly spend a lot of time in the details. Um

[35:58] I've sent Trisha a proposal. Uh looks like this.

[36:02] I've spent the last uh couple months here putting together some numbers. Uh

[36:06] so, kind of give you a brief out- outline.

[36:09] In totality, the policy from last year to the upcoming year increased about 6%,

[36:15] which is about $4,000 of premium. Uh we all felt comfortable with this

[36:20] renewal percentage. Um the market is seeing anywhere from 10 to

[36:23] 15%. Um that's after speaking with the

[36:27] underwriter multiple times again over the last couple months. Um,

[36:31] it's kind of an indication of what the market is doing.

[36:34] Uh, it's shifted to become a soft market. Things will start to be more

[36:38] competitive, rates coming down. Uh, so I think in tandem with soft market,

[36:43] um, and your your percentage year-to-year both in percentage and

[36:47] premium wise, we felt comfortable. Uh, however, to make sure that it's

[36:51] competitive for you and it's, uh, aligned with what you want, um, in

[36:56] terms of cost, uh, I spent some time going out to

[36:59] market to re-market the account, uh, which is pretty standard. So,

[37:03] um, went out to a couple different markets.

[37:06] All came back not competitive, either at what this renewal was or more.

[37:11] Um, and so again, kind of solidify that point, we felt

[37:14] like, uh, the insurance renewal was

[37:17] competitive. So,

[37:21] that's kind of a high-level overview. I said, "Okay, answer questions my client

[37:25] might have to, um, like I said, thanks, but

[37:28] that's kind of what we had presented.

[37:32] » And I just have to say like Peter tolerates me, I'm sure at best, but

[37:37] we've gone through a lot of the different parts of the policy with the

[37:40] clients who's calling and has found some other things, um, along the way, and

[37:45] he's always, uh, looked into it, resolved the issue that we had, and

[37:49] we've been able to work through some of the challenges, um, but making sure that

[37:53] our policy is correct, and we're actually covered for

[37:57] all the appropriate things is a lot of work. So, we meet like every quarter and

[38:01] go over a different aspect of it because it's very time consuming for both of us.

[38:05] And so, I just wanted to tell you guys how much I appreciate how much time he

[38:09] puts in to make sure that our stuff is accurate because he doesn't technically

[38:13] have to, but if he wants to keep our business, he

[38:15] does, you know, that. But, we we just want to stop encountering

[38:20] some of these problems that we've been encountering. So, um I just wanted to

[38:23] let you guys know that I appreciate his help with that.

[38:31] » I have one question. Um

[38:36] you're calling our water treatment plant, I'm assuming our new facility. Is

[38:40] that what's on this policy? >> Correct.

[38:43] » And the those replacement costs are reflective of

[38:48] what it would cost to replace that facility?

[38:51] » Yeah. So in the report that I have, there's a

[38:54] statement of values, and so we can we can reference that if you'd like, but

[38:59] » Well, I I Well, I you're the personal property, is that the equipment inside

[39:03] the building? >> Yeah, so any any piece of equipment or

[39:06] anything that's movable within buildings can be put under what we call business

[39:10] personal property. >> Well, I have an issue with that because

[39:14] the one component in there is 4.5 million dollars.

[39:17] And your your replacement cost is far more

[39:20] » It's not the new filtration plant. >> Oh, okay, I'm sorry. That's That was

[39:24] what I wanted to clarify. >> We will have to add that one to it goes

[39:27] live. >> Okay, once it goes live. And have me

[39:30] » Cuz you have to have the construction finished. Like right now it's in

[39:33] construction. >> That's That was my That was my concern

[39:36] and my question. >> Yeah, I assume you have what's called a

[39:38] builder's risk policy. I don't think that's a separate policy that covers

[39:43] whatever it is you're building. >> Okay. I I'm just This is going to She

[39:48] just made She clarified the biggest question I had. It is not covered yet.

[39:53] » Correct. >> That is That is the question because

[39:55] this didn't make any sense at all. For that.

[39:59] » Yep. >> No offense, but

[40:00] » No. >> That's all I That was it.

[40:06] » Yeah, I'll just add a secondary note. Um in this proposal document, um

[40:11] I've also towards the end made some considerations, so things that I would

[40:15] want to bring to the table just for you to consider.

[40:18] Um so you can take a deeper dive into that and have any answered questions at

[40:20] a different time. But um something that I

[40:24] uh in talking with my colleagues um wanted to make a mention of what's

[40:27] called social engineering and invoice manipulation.

[40:31] Uh with the increase in all of AI that is about to

[40:34] uh be fold on onto us. Um there's some things that I think

[40:39] I'd like to talk about or discuss at some point uh just so you can think

[40:43] think about um going in the future. So I I paid a note

[40:47] of that consideration at the end of the document. So

[40:58] » Do we have any other questions for the insurance people?

[41:04] If not, do we have a motion to adopt? >> I make a motion we renew our insurance.

[41:10] » I'll second it. >> Being a motion made and seconded, all

[41:13] those in favor signify by saying I. >> I.

[41:16] » Opposed, same sign. Motion carries. >> I'd like to just say thank you for

[41:20] allowing us to help for all these years. So we appreciate

[41:24] the opportunity that you give to us and if you have any questions, just please

[41:28] let us know. >> Thank you.

[41:31] » Thank you very much.

[41:44] » You're welcome. >> Uh first of all, the Milford Lions Club

[41:48] would like to thank Brenda and Trisha. We called in an

[41:52] emergency last week when we saw the weather might be raining Saturday and we

[41:57] don't need a bunch of elders out trying to get in the pavilion during the storm.

[42:01] So we were able to heat the building and we ended up using it. So we just wanted

[42:05] to say thank you from the Milford Lions Club. I know you guys have a lot going

[42:09] on, but you saved our butts on that one.

[42:12] Appreciate it. Second of all, I just want to let

[42:15] everybody know about our fish fry this Saturday. It's a drive-thru fish fry.

[42:21] It's to support the Milford Lions Club and the Milford Lions Festival

[42:26] because Milford Lions Club used to earn its money for our Christmas party and

[42:30] everything from Polk Auction. Polk Auction is no longer Polk Auction, so we

[42:34] don't have that ability to earn the money. So, this is our first fish fry

[42:38] we're trying with the Eagles from Syracuse helping us

[42:42] and we're splitting the profits 50/50 and we encourage people to come out and

[42:46] help us and support us. And that's all I got.

[42:51] It's at Mr. Ruedisueli. The drive-thru. Mr. Ruedisueli is

[42:55] letting us use their electricity to fry it and we'll have an entrance off of 15

[43:01] and an exit out the side of Mr. Ruedisueli and that way we keep traffic

[43:04] flowing. It's carryout only. Seven pieces of fish for $15 or four pieces

[43:11] for $10 and we'll have baked beans for $4 as a side.

[43:15] » And as a side note, too, you can get pre-sent tickets.

[43:19] » Yes. >> So, Mr. Smiley

[43:21] » I have plenty of them. >> And they're going to get food truck

[43:23] Friday tickets. >> All right. We will be selling food truck

[43:26] Friday tickets for food truck Friday because we Milford lets us be there and

[43:30] we appreciate all their help. We're just We only ordered 175 lb of fish and I've

[43:36] sold 11 lb so far and four other pounds have been sold. That's where we're at.

[43:41] So, we can use all the help we can get to

[43:44] blow this one out of the water and start making it a tradition to make money for

[43:48] the Lions Club because we need to have a way to support our Lions Club where we

[43:53] can keep supporting our community. >> What are the times?

[43:57] » 11:00 to 4:00. Pre-sold tickets are good till 2:00 p.m.

[44:03] And we're having it rain or or because we don't know what the weather is, cuz

[44:07] they don't know what it is. >> And when you say you're splitting the

[44:11] amount 50/50, who's the two 50/50? >> 50% to the Milford Lions administration

[44:19] fund. That's how we have our Christmas party and everything. We have two funds

[44:22] since we're nonprofit. We have a fund where we earn money, we can actually

[44:27] have like our Christmas party and pay for it cuz we

[44:31] that's our biggest thing for the the Lions Club itself is in the families

[44:35] because we get Santa Claus

[44:38] kids and it's a big thing and it costs a lot of money. Well, Polk Auction used to

[44:43] pay us twice a year to go out there and set and we would check tickets when

[44:46] people would leave the auction to make sure they paid for what they were

[44:50] getting. Well, Polk Auction is no longer there.

[44:54] So, we no longer have that availability to earn the money. So, we're trying to

[44:58] do this as a new way to earn money. And we're hoping it is a success and we

[45:03] do it next year. Luckily, we have the Eagles from

[45:07] Syracuse helping us do this and it helps keep our costs down.

[45:11] » So, the Eagles are getting the other 50%?

[45:14] » No. No, the Eagles do not get one penny. Let me make They actually help donate

[45:18] the fish. Last time they donated the chicken.

[45:21] The Milford Lions Club general fund will get 50% of the profit and the Milford

[45:25] Lions Festival for 2027 will get the other 50% of the profit. The Eagles are

[45:31] not taking anything at all.

[45:35] And we're just hoping for it to be a success.

[45:39] » Perfect. >> Thank you.

[45:44] » Thank you, Jerem. Yeah, I know.

[45:47] Want everybody to support the Lions Club here.

[45:51] Uh do we have any other public input before we get to departmental reports?

[45:59] Okay, Fire Department.

[46:03] » I have nothing.

[46:13] » Anything for the Fire Department? >> Keep up good work.

[46:16] » Thanks. >> Keep up the good work.

[46:18] » Thank you. >> Police Department

[46:22] » I just have one item for discussion. We are currently

[46:28] » Mr. White >> with uh

[46:30] the school for a new contract. >> New contract?

[46:34] » For the SRO. And while we are in that process, we

[46:40] have money left over from the

[46:43] previous year

[46:47] from the council to use those funds under the old

[46:52] contract from the previous year until we

[46:55] establish the new contract.

[46:59] » Town >> Do you foresee it taking

[47:02] longer than we have money to pay an SRO? >> No.

[47:05] » Okay.

[47:13] » I'll put a motion if we have the money left over that we pay it. We need that

[47:19] have it in there then when the school catches up, if they

[47:23] do catch up. Not to exceed 90 days right now though

[47:27] because I don't know how much money we have in there

[47:32] left. >> 90 days is a good estimate.

[47:34] » Just over $4,000, isn't it? >> It's actually almost six, but

[47:38] » Okay. >> As the current

[47:40] contract or previous year contract, what is left in the funds will cover about 3

[47:45] months. So, 90 days is appropriate. >> Well, I'll I'll put it for 90 days.

[47:50] » I'll second. >> We have a motion made and seconded to

[47:54] allow the payment to occur for 90 days. All those in favor signify by saying I.

[47:59] » I. >> Opposed?

[48:01] Opposed say sign. Motion carried. >> Is there anything else?

[48:06] » Okay, good work.

[48:09] Wastewater.

[48:18] I don't know if you guys know this or not, but the main lift rehab structure

[48:22] has been completed. Um they just need to pick up their

[48:25] equipment for the bypass they had. They haven't done that yet.

[48:30] But uh Ken Long stopped in and took a look at it. It looks real good and they

[48:34] can. >> Yeah.

[48:36] Interesting. >> Yeah, it's interesting how they do that.

[48:40] Um also um somehow within the last month or so, we ended up losing our wastewater

[48:47] treatment sign out there out front of our wastewater department.

[48:52] So, I am looking into replacing it. So, you might be seeing a quote for the

[48:59] next meeting on that one. I've looked the stream, the fields, rode

[49:04] around in my side-by-side out in the field behind my house. I cannot find it.

[49:07] So, I think maybe it grew a pair of legs.

[49:14] Okay, underneath the street department, uh reminder of everybody to everybody

[49:20] that our fall clean up in 20 2026 is September 24th through the 26th.

[49:27] Any information that you need to get on that, which I have some flyers that you

[49:32] will have here what, beginning of September?

[49:36] At town hall, so you can read those. Also,

[49:41] this is an asking for DLZ. DLZ is the general contractor that will be building

[49:47] the new post office. Um they are out asking if they can block

[49:52] the parking spots on the west M line, on west M line next to the new post office

[49:58] project. So, those ones there on the north side of M line, those four parking

[50:04] lots, and I think there's a couple of non-parking areas.

[50:08] They want to place a storage construction container there.

[50:12] So, they can put their stuff in there cuz there won't be any room

[50:16] inside there when they're demoing. So, they're asking the board if they can

[50:22] do that, and it They're saying something somewhere around 4 to 5 months. So, then

[50:28] I'm assuming they're going to have it out there the whole time.

[50:34] » What's that going to do for plow and snow?

[50:38] » Well, we'll just have to plow around them, I guess, Tony.

[50:42] You won't be able to plow the snow in that area. Nobody will be allowed to

[50:45] park there, so >> Well, I'm not

[50:47] I don't want friction from them because because we have to plow snow around that

[50:52] container, and it very well might They might have to dig

[50:55] it or something. >> dig it out. They might have to take a

[50:58] pail or not a pail or but shovel or something,

[51:02] but shovel and clean that out. >> That was

[51:06] my question, too. Is I got I mean, are you guys going to backdrag so they can

[51:09] get in the doors, or are we going to be responsible We'll have that time.

[51:12] » going to try our best not to bury the entrance to it. Now, along the side,

[51:18] that would be different, but to the entrance to it, you know, we can try our

[51:21] best you know, plow it in.

[51:25] » So, what you don't think that's going to interfere with your time doing that? Cuz

[51:28] backdragging takes more, we know. >> Yeah, I think we'll be just fine. We got

[51:31] to backdrag some of those areas anyway, so

[51:35] » If they don't like it, they can move it. >> Okay, make a motion.

[51:40] » I'll make a motion we allow them to have it.

[51:43] Um, put the storage container in the parking

[51:46] spots there on the north side of the demolition area

[51:50] for the demolition crew. >> It'll be on the south side of the

[51:54] demolition area on ML Street.

[51:58] » South side, yeah. >> North side of ML Street.

[52:01] » Could I modify that just a little bit? I want

[52:06] you, Stephen, to work with them and tell them, "Okay, I We want it here."

[52:13] Because we need to keep it away from the intersection just a little bit. We don't

[52:17] want to block I understand the sidewalk's going to be blocked, but

[52:19] we've got kids that walk through there. I don't want someone to not see a child,

[52:25] so it's going to have to be back far enough from the intersection

[52:28] that we don't have that situation. So, they can put it there provided you tell

[52:33] them exactly where they're going to put it.

[52:35] » Okay. I think >> I second the motion so amended.

[52:42] » Okay, we have a motion and amendment. Second. All those in favor signify by

[52:47] saying aye. >> Aye.

[52:49] » Aye. >> Opposed same sign. Motion carries.

[52:51] » Obviously, the sidewalk that's right in front of the building is not going to be

[52:55] walkable anymore, either. I mean, it's not really walkable now. There isn't

[52:59] much of a room there. For the public safety, you know, not to

[53:02] go right there in front of the building while they're

[53:05] demoing it. Also, on the water department, um

[53:11] our cleaning and inspection of the water tower is now complete.

[53:15] Um we do have our mixer running now.

[53:20] So, that is helping with the keeping the chlorine residuals maintained and also

[53:26] keeping the sediments from building up on the bottom of that water tower.

[53:30] I have not got that report back yet. But, just from talking to the guys,

[53:36] they're thinking we could go a few more years on the paint.

[53:40] So, that's a good thing.

[53:43] Also, moving on to the parks department, I'm asking permission to purchase a 2016

[53:51] Kawasaki Kawasaki 4010 mule to help the park attendance

[53:58] duties. Um, for whatever we have had out there

[54:02] now, I think we bought it like in 2008 or 2009 and it was used then.

[54:08] Um, this would help him is actually has a it's a utility side-by-side.

[54:13] Um, so it has a bed on the back end of it

[54:17] to help hold the tools and possibly load, you know, trash or sticks or

[54:22] whatever else in there. Um, I have two quotes from uh for two

[54:27] different ways on this Kawasaki. Um, from Lake City Honda Kawasaki of Warsaw.

[54:34] One is with a 3-year service agreement, which is an extended warranty. Um,

[54:39] that's for $8,999.72.

[54:44] And then with the no service contract, that's a straight-up as is, uh, it'd be

[54:49] $7,361.72.

[54:55] I have drove the machine. I've inspected the machine best of my abilities. I

[54:59] didn't see anything with it before they even cleaned it up and I didn't see any

[55:04] problems with it.

[55:07] And he's got money in the budget for that.

[55:12] We have any discussion or motion?

[55:18] » Well, between the two of three of us, what do we think is the best option?

[55:26] » The 3-year service contract included or without?

[55:29] » I think it's a lot for a 3-year service contract, my personal opinion.

[55:33] » $1,600? >> Yeah.

[55:35] » It's a used machine, we take a gamble. I think it's worth the gamble.

[55:40] » I think it's worth it, too. I mean, I think if we keep it serviced

[55:45] and all the more it's going to be used, I don't think it's worth paying $1,600

[55:48] extra.

[55:53] » I would make the motion that the blacks has got to be sold via to accept the

[55:58] quote for the as is cost of $7,261.

[56:05] » Something keeps on >> 300

[56:07] » 300 >> 300

[56:08] » I'll second that motion. >> Been a motion made and seconded. All of

[56:13] those in favor signify by saying I. Opposed signify

[56:18] Thank you.

[56:46] » Steven, I have to say I got a grandchild that's 15 months old

[56:51] and last week my wife wanted to take our grand baby to the park for the first

[56:55] time. We went to Syracuse and looked at their

[56:58] parks and they're beautiful parks and everything, but we couldn't find a swing

[57:03] where a baby could sit in that little bucket swing

[57:07] till we got to Milford. Now, I didn't get out and look at every individual

[57:10] thing in Syracuse, but I looked at it from the road.

[57:13] We could see it clearly from Milford and that's where she ended up taking our

[57:17] grand baby and I I just thought it was great that we ended up in our own

[57:20] hometown park because she wanted to go to Syracuse and I said, "Let's look at

[57:24] them all." And we ended up in Milford. She did, I didn't, but I just thought it

[57:29] was neat that the park looks good. >> Thank you.

[57:37] » We have anything else for waste water, storm water, street water at all?

[57:44] » Keep up the good work.

[57:47] » Moving on to the clerk. We have a motion to allow me to sign the

[57:52] bank reconciliation statement. >> I'll make that motion.

[57:55] » I'll second it. >> You have a motion made and seconded to

[57:58] allow us to pay the Commonwealth >> Aye.

[58:00] » Aye. >> Opposed same sign, motion carries.

[58:31] Commonwealth invoice. >> All right, so I think the right is this

[58:37] way. Um

[58:39] so this is just the monthly Commonwealth invoice for the water project

[58:43] uh for the filtration plant. And it is for $34,377.96.

[58:56] » Do we have a motion to approve the Commonwealth invoice?

[59:00] » Just one question, Trisha, on the bottom of the document I have there's an

[59:04] additional 750. Is that second? >> It's a different

[59:07] » Different coming up. I make a motion we pay the Commonwealth

[59:11] invoice for 37,000 plus. >> I'll second it.

[59:16] » You have a motion made and seconded to allow us to pay the Commonwealth

[59:19] invoice. All those in favor signify by saying aye.

[59:22] » Aye. >> Aye.

[59:23] » Opposed same sign, motion carries. >> Yeah, sorry. I just didn't take that out

[59:27] before I scanned it. >> No, I didn't know if it was an add-on or

[59:32] » That was the first ever contract that you guys approved for the water bottle.

[59:35] » Okay, should okay.

[59:38] Okay, ordinance 2026 stage five dealing with a salary ordinance amendment.

[59:45] » All right, so it's not in here either. Yeah, nobody leave it only today. No,

[59:48] I'm just kidding. So, this um salary ordinance is for a 50 cent per hour

[59:54] increase from 5 because he passed his first license for the pesticide

[59:59] uh training that you guys had approved at the last meeting. So, this is the

[1:00:02] first of probably hopefully two to come when he passes the second license, but

[1:00:06] he got that seeding time or about it, but he got that license.

[1:00:10] » Yeah, he got the core exam. He passed the core exam, so he did pass half of

[1:00:14] it. So, now he's a registered technician. He can spray under my

[1:00:19] supervision. >> I make a motion we raise his pay 50

[1:00:24] cents like we >> I agree with you.

[1:00:25] » I second. >> Here's the motion being seconded. All

[1:00:29] those in favor signify by saying aye. >> Aye.

[1:00:32] » Vote says aye. Motion carries.

[1:00:44] Fiber network at the filtration plant. >> All right, so this is also kind of a

[1:00:48] joint Steven thing. Steven and Steven work really, really hard.

[1:00:53] Um so, they want to get fiber at the new water filtration plant.

[1:00:59] And so, there's a proposal from Goshen Fiber Network who's really typically

[1:01:03] used for fiber and phone. Um and there is a

[1:01:08] agreement here that you have to sign. It's a site upgrade of $1,299

[1:01:14] set fee. And then there is a monthly fee of $270

[1:01:19] for the lowest of the two options that they had. and when I talked to him about

[1:01:24] it, he said the lowest option would be fine, the 250 meg

[1:01:29] thing is the 3-year term that we had to agree to and since that's more than our

[1:01:34] approval authority, you guys have to approve of getting that since it's not

[1:01:37] existing. So, um

[1:01:40] just want to make sure if you guys want that, but he did talk to Bill Anderson

[1:01:43] about what is needed for the um

[1:01:47] what do you call it? >> telemetry

[1:01:49] » Yeah, telemetry system. >> telemetry and SCADA

[1:01:52] » Yeah, and SCADA, that's what I was thinking of.

[1:01:55] Um so, it should be sufficient um according to Bill Anderson who is our

[1:01:59] installer for those services.

[1:02:04] » Okay, do we have any further discussion on the fiber network agreement?

[1:02:10] If not, then we have a motion to accept.

[1:02:15] » I make a motion we accept the 250 meg.

[1:02:20] » the lower >> Yeah.

[1:02:22] » the lower of the two if it's sufficient and we are

[1:02:25] confident it will service the need. That makes the most sense. We don't need

[1:02:31] more than we need. >> It's a 3-year term, correct?

[1:02:35] » Yes. >> I'll second.

[1:02:38] » Yeah, the motion has been seconded. All those in favor signify by saying aye.

[1:02:42] Aye. Opposed, signify by saying nay. The motion carries.

[1:03:07] Okay, next item.

[1:03:13] » All right, so as part of the construction process, uh

[1:03:17] we have a couple items that we would request for the council to declare

[1:03:23] excess so that we can research avenues to install them.

[1:03:27] So, um Steven might be able to help me out some

[1:03:31] of that, but the the first item is the generator that is

[1:03:35] at the existing water treatment plant, right, Steven?

[1:03:39] » Yes. >> And so, we had discussed previously in

[1:03:42] different meetings that um it was to be taken offline and we were going to maybe

[1:03:47] use it somewhere else where the town could use it, but technically even this

[1:03:51] found that can't be used anywhere. Um potentially, I guess you could say.

[1:03:56] » It's too small for their main lift station and it's too big for the other

[1:04:01] ones. I mean, it's way over killed. >> And then the other item that has come up

[1:04:07] is a transformer box. We are getting a new one in the water

[1:04:13] filtration plant, and so we have an old one that

[1:04:17] two of them We have two old ones that uh have some value to someone.

[1:04:25] And so, in order for us to sell those or get rid of those, um

[1:04:29] we'll have We have to follow certain processes, but the first part of that

[1:04:32] process is for you guys to deem it excess and then we can research

[1:04:37] how we're going what process we're going to use to get rid of it. So, my idea

[1:04:41] would be to check with my preferred option, right, to see if it can be done

[1:04:45] there, at which time I'll come back to you guys and see if you want to set a

[1:04:49] reserve, or we can advertise it and accept bids

[1:04:54] if um M.A.S.K. doesn't want to do that. And there's other ways that we can do

[1:04:58] it, too, but those probably would be my top two to look into

[1:05:01] um if you guys are interested in doing that.

[1:05:04] » My opinion, and my opinion only, would be that

[1:05:08] we would look into M.A.S.K.'s selling the items

[1:05:12] in an auction sale for us because with the amount of traffic they have and

[1:05:18] and advertising of it, I think we get the highest and greatest value so versus

[1:05:23] trying to advertise ourself and and take bids.

[1:05:27] » I just have one question about that generator. This is a

[1:05:35] This is a what is. Would there be any

[1:05:40] use for that generator at Farview?

[1:05:45] » Over at the campground. >> Okay. So, the one you have is sufficient

[1:05:49] for the needs there. >> Yeah.

[1:05:54] » That was my question.

[1:06:02] » I'll put a motion that we I'll put a motion that we uh

[1:06:08] get with Mettler and start an auction to get rid of it instead of losing value

[1:06:13] just sitting around. >> I'll second.

[1:06:17] » Any motion made and seconded to allow Mettler's to look into selling those

[1:06:22] items for us? All those in favor signify by saying

[1:06:25] aye. >> Aye.

[1:06:26] » Aye. >> Opposed same sign. Motion carries.

[1:06:29] » Do you guys want to do a reserve at all or are you

[1:06:35] » I don't know. >> What do you like to reserve on those

[1:06:38] items? >> I have no idea what that generator would

[1:06:41] worth. I haven't really researched that too much.

[1:06:45] » Maybe Stephen and I can talk about it and then just let you know if we're if

[1:06:49] we feel comfortable setting a reserve. How about that?

[1:06:52] And then we can talk about the next meeting. I'm sure it won't be sold in

[1:06:55] the next 30 days. >> Yeah, we got a full few months yet.

[1:06:58] » Yeah. >> It's not ready to sell yet, is it?

[1:07:02] » No, no, no. >> Right.

[1:07:03] » No. >> Yeah.

[1:07:04] » Just trying to get prepared. >> No, I understand.

[1:07:09] » And you have an idea of some sort. >> That's the only adjustments that we

[1:07:15] have, right? >> Yeah, the generator and the two

[1:07:17] transformers is all that we're talking about right now.

[1:07:21] » Okay. And

[1:07:23] you told the adjustments. >> Um so then the utility adjustments are

[1:07:29] actually a positive $293.83.

[1:07:36] Um I would say the majority of it is probably refunds for overpayments, and

[1:07:41] then there were some late fees that were added and a few were taken away.

[1:07:45] So, there's not a lot of activity, but just

[1:07:48] a little bit there.

[1:07:50] » Do you have any discussion on the utility adjustments?

[1:07:53] » I make a motion we accept the utility adjustments.

[1:07:56] » I'll second it. Since it's a positive, it's in our

[1:08:00] favor. >> Yeah, the motion made and seconded. All

[1:08:02] those in favor, signify by saying aye. >> Aye.

[1:08:05] » All those in favor, the motion carries. >> Okay, and then I just have one more

[1:08:09] thing that I didn't actually have on the agenda. And so, thank you for most of

[1:08:14] you, except for Mr. Michael. That was very gracious

[1:08:18] to um start using the microphone, but I've actually received a lot of

[1:08:22] complaints about people not being able to hear.

[1:08:25] Um and so, I want this was like something that I had in my office that I

[1:08:29] was like, "Let's try this." And see if it helps, because it's not It's also the

[1:08:34] recording, but also people actually sitting in the room.

[1:08:37] Like if they're on opposite opposite sides of the room, they're having

[1:08:40] trouble hearing. So, I just wanted to try to do a small attempt to set up all

[1:08:44] possible. I know it's kind of clunky, and we're figuring it out. Maybe I'll

[1:08:48] get some more microphones, but me These are meat thermometers, so

[1:08:52] they're sitting in my office. So, I thought let's try and see if this works.

[1:08:55] So, hopefully it helps. Um I think good.

[1:08:59] And so, that's I I know I just kind of forced it upon everybody, but I don't

[1:09:03] have a better solution without without adding a lot of technology know-how and

[1:09:07] that is not me. So, I just want to say thank you guys for

[1:09:11] humoring me and trying this new way to do meetings. So,

[1:09:18] thank you. >> Okay.

[1:09:20] » And not to single Tom out, but just say but to single Tom out.

[1:09:26] » Do we have anything else for the clerk?

[1:09:32] Keep up the good work. Moving on to accounts payable vouchers.

[1:09:41] » I make a motion to accept the accounts payable vouchers.

[1:09:44] » I'll second it. >> Being a motion made and seconded, all

[1:09:47] those in favor signify by saying aye. >> Aye.

[1:09:50] » Opposed, same sign. Motion carries.

[1:10:04] There is no further business, do we have a motion for adjournment?

[1:10:07] » I'll make a motion we adjourn. >> I'll second.

[1:10:11] » Being a motion made and seconded, all those in favor signify

[1:10:14] by saying aye. >> Aye.

[1:10:16] » Opposed, same sign. Motion carries. >> Thank you.

2026.08.10 Milford Town Council Meeting

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