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Town Minutes from 8/19/2022

Minutes from a Town meeting on 8/19/2022.


AUGUST 18, 2022

In attendance in person: Teresa Retherford, Lindsay Washmuth, Chad Blake, Noah Bozell, Jason Kleinbub, Evan McMullen Town Attorney and Paula Lee.  In attendance by phone Dennis Molina.

7pm meeting called to order.

Retherford suspended the meeting and opened the floor for public comment.  Molina asked the Council to consider paying the utility clerk back wages and be done with it.  Bozell stated he would make that motion. Blake stated a motion could not be made during public comment. McMullen recommended that because we are in settlement talks at this point with the opposing party that we not do that at this time. 

Retherford resumed the regular meeting.

Ray Tincher spoke to the Council regarding a golf cart parade he would like to have in the Town.  The date for the parade would be October 23 at 3pm.  Tincher would like the parade to become an annual event within the Town.  There is no set route yet for the parade, Council advised Tincher to present a route for the parade and speak with Chief Naselroad regarding any road closures that may be needed.

Tom McMillan LHS Football coach came before the Council to ask if an “L” logo matching the athletic department logo could be painted onto the water tower as the tower faces over the football field.  The painting of the logo would be paid for the Lapel High School.  Discussion was held on the water tower painting, and if a decal would be better than a painted logo or possibly a banner that hangs off the water tower.  Kleinbub asked how we would hang a banner and Blake said wind would damage a banner.  Mary Armacost Utility Superintendent said tower would be painted within next 5 years and asked if McMillan could wait.  McMillan said the school would pay to have it painted now. Council said they need to do some research on when the tower needs painted per the last inspection.

Motion to approve the July 21 minutes made by Kleinbub, 2nd by Retherford voting yes Kleinbub, Retherford and Blake.  Abstaining due to absence Washmuth and Bozell.

Motion to approve the July 29 minutes made by Washmuth, 2nd by Kleinbub and all were in favor.

Motion to approve the May 17, 20, and 25th Executive Sessions made by Blake, 2nd by Washmuth and all were in favor.

Motion to approve the claims as presented made by Retherford, 2nd by Blake and all were in favor.

Motion to approve Thieneman Division A Pay App #6 in the amount of 187302.00 made by Washmuth, 2nd by Blake and all were in favor.

Motion to approve Atlas Division B Pay App #7 in the amount of 184,335.19 made by Retherford, 2nd by Washmuth and all were in favor.

Motion to approve Atlas Division B Change Order in the amount of 75036.00 regarding railroad crossing on Pendleton Ave and a 2 inch tie in, made by Retherford, 2nd by Washmuth and all were in favor.

Bozell stated he would like to revisit what Molina said earlier Bozell made a motion for the suggestion that the Clerk/Treasurer made, Washmuth 2nd.  McMullen said it was the advice of Council that there was no agreement in place to absolve liability of the Town.  Bozell stated the agreement needed done.  Mc Mullen stated that 1. We don’t have an agreement in place and 2. If you pay it out at this point there’s no obligation for the opposing party to sign that.  It’s Counsel’s opinion that you’re opening up the Town to liability. Having spoken with the party Bozell, Kleinbub and Washmuth were certain the party would sign an agreement.  Motion to pay settlement contingent on signed agreement made by Washmuth in the amount of $6150.00 2nd by Bozell.  Retherford stated she had not seen an agreement for signature.  McMullen stated there was no paperwork signed at this point there is a tentative agreement and is being sent to the individual tomorrow.  McMullen advised Council to wait until the agreement is done before money is paid out.  Kleinbub asked the amount to be paid out, McMullen stated $4305.00, Kleinbub asked what the counter offer was.  McMullen stated that was the agreed amount during the settlement talk however not set in stone.  She was to have her legal counsel review the document.  Washmuth suggested a Special Meeting to discuss the settlement.  Kleinbub and McMullen discussed a meeting with the party on Monday and why the document wasn’t signed at the time.  McMullen stated nothing had been papered at the time for the party or her counsel to review.  Motion rescinded, Special Meeting to be scheduled. 

Motion to approve Resolution #12-2022 Additional Appropriation from ARPA Funds in the amount of $40198.80 ($23998.80 for police Tasers and $16200.00 for 2022 Street Repairs/Field Review & Construction Plans) made by Retherford, 2nd by Kleinbub and all were in favor.

7:39pm Washmuth left the meeting.

Motion to approve Midwest Paving as the lowest most responsive and responsible bidder in the amount of $624,978.59 made by Blake, 2nd by Bozell and all were in favor.

Motion to approve Amendment #1 to Kimley Horn agreement in the amount of $72,300.00 for construction phase support and Michael Baker for inspections during the CCMG Project made by Kleinbub, 2nd by Bozell and all were in favor.

Ordinance #7-2022 Vacate Alley between Steele’s property and Funeral Home.  Motion to suspend regular rules for passing this Ordinance and to waive the 3rd reading made by Retherford, 2nd by Blake and all were in favor.  Motion to pass Ordinance #7-2022 voting yes, Retherford, Kleinbub and Blake, abstaining Bozell.

Sewer Rate Increase discussion held, legal team to form into Ordinance for proposed rate increase.

The awarding of the annual grant money from the South Madison Community Foundation to a local school group was tabled until next meeting.  Kleinbub to reach out to Lapel Middle School to find a group to donate to.

Chief Naselroad spoke on the upcoming PAX Beerfest this weekend, security is in place for the event.  Naselroad has posted the notice for Officer Foster’s position.  Still waiting on equipment/parts for body cameras.  Tasers have been ordered with 6 week ship date.

Motion to approve the purchase of one FLOCK Camera for the police department in the amount of $5350.00 with $2500.00 annual fee and $350.00 installation fee made by Retherford, 2nd by Kleinbub and all were in favor.

Planning Update: Planning met Woodward Place PUD was presented, Planning Commission gave a favorable recommendation to the Council for the zoning of Woodward Place PUD.  Blake stated that the property was still property of the Conrad family and we legally cannot change that purpose until there is contract regarding ownership to Cole.  Cole stated document is within packet.  Cole and Brain Stump presented the updated plans for Woodward Place to the Council.  Motion to approve 1st reading of Ordinance #8-2022 Woodward Place PUD made by Blake, 2nd by Bozell and all were in favor.  2nd and 3rd reading to be held at next meeting.

Utility Update: Motion to approve McAllister Water Plant Generator3 year service plan Renewal in the amount of $4175.00 made by Blake, 2nd by Bozell and all were in favor.

Hutchison to attend annual gas conference.

The leaf machine is in need of repairs cost estimated between $1500.00 and $1700.00.

Unifirst restocking of first aid kit discussed.

IDEM sanitary sewer inspection went well only one issue but Armacost is working with Bellucci to work it into continuing water project.

Motion to approve water tap pricing proposal from Fox Contracting 403 E 5th Street put in new tap for a service line at the cost of $9629.00 made by Retherford, 2nd by Blake and all were in favor.

Office Update- AIM Conference is in November, Lee and Retherford are already registered to attend. Website refresh thru Regal Computer discussed and tabled Blake to reach out to Regal to discuss. 

Payroll Docket discussed and signed by Council new requirement by SBOA.  Letter from Ron Ragan regarding upcoming natural gas prices increases shared with Council by Lee.  Council asked if Ragan could post a notice to Town website regarding upcoming price issues.

Being no further business to discuss, the meeting was adjourned.