Town Council - Regular Meeting

like this and then we'll go. So, good evening. Before we get started, I'd like to remind everyone that this meeting is being recorded and your participation is your consent to be recorded and broadcast on the town of Akran's YouTube channel. Roll call for attendance. Jim Ser here. Rich Solano here. Tony Ramirez here. Please stand for the allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you.

And we'll start with public hearing. Um Heather Reer from Fulton County Planning Commission in the amendments. Um you guys received the chart of amendments, proposed amendments from the plan commission. Um you like me to read through all of them or is there any discussion? I know Rich and I talked about the first one. So I don't know if we had any more questions regarding the just, you know, is there a lot limit thought? You know, say you have a lot here in town and it's 65 by 140, a pretty small lot,

and you have a house on it and somebody wants to put another dwelling on there. No, we didn't limit the lot size. And um with this with this definition that I added in here because detached additional living space was a permitted use in every district. we didn't have these restrictions

which was in turn um started for like mother-in-law suites that they call it you know um but then people started taking advantage and building twotory homes calling it detachable additional living space which we couldn't couldn't argue that because we didn't have the definition. So we created this definition and changed it to um accessory dwelling unit so they can't be you know larger than the home. So we added these in here for that particular reason. So it can't be too large, you know, kind of for the whole reason it was added into the ordinance. We just didn't have the restrictions on it. In those cases, was it a larger lot sizes? I mean, do you recall?

Um, some of them, some of them were on the lake. So yeah, we didn't have any lot size. I mean, they do have to meet the primary setbacks, which are larger than the accessory setbacks. So it would determine and then we have the impervious surface requirements. So there are um but we kind of just wanted to add the definition just to keep it as a small you know for the whole intent of allowing it you know if you have a college student or you know in-laws you need to take care of her mother and father you know something to that effect for the reason of having it a guest house

but not another actual home on your property. So, so that was the reason for this whole definition just so we had some restrictions because before we didn't have anything. They came in and got the permit and as long as they had a septic, if they were in the county, they were good to go. We didn't have a square footage requirement. Okay. Any other questions on that one?

Well, it's still you can only have one resident, correct? Yeah, it's one dwelling per tractive land, but as I said as the ordinance read, it used to be temporary second dwellings because they could hook up mainly for the county because then they could hook up to the existing septic, but then the home had to be removed. Well, now the health department requires no matter what you have to have your own septic system. So, it was hard to make them make it temporary when they had to go through the finances of putting another septic in. But then we allowed detached additional living space, but then people started taking advantage of it. And a lot of the other counties actually have the accessory dwelling unit. And I just took the definition like I got this definition from Marville County. That's what they use just um for the minimum of 250 ft, but it can't exceed 800. And our requirements are 980 foot for a single family home regardless. But they cannot go over more than 50% of the home that they have there now. So they only have 980 square feet. They can't go over 50% of that size. Easier for us to enforce this when at least we have it backing us up now. So we tell them no, they can't build it. We have had two two of them build another twotory home which in turn created this take advantage of the language that we didn't have. So

yep.

So you're okay with that one. And then the next one I did remove any utility substations as we we can't enforce anything with utilities. Um so I just removed all of that. Um for solar permitting, I just added some new language in there. It needs to meet all of the building codes with the electrical permit that's required. Um, another change that will be for you guys as well, 120 square feet structures or less that's portable. We didn't require permits for, but they still had to meet all the setback requirements, which is hard to enforce if they don't need a permit. So, we changed it to they have to get a zoning permit for any structure, no matter the size and if it's portable. If it's 120 ft or smaller, it just be a zoning permit, not a building permit. So, just be a $50 permit. what's considered portable all wheels on

kids or yeah get those portable sheds but it's always been 120 square ft or less and portable. They didn't need to get permits but they still need to meet setbacks but again that's hard to enforce because we don't know that they're putting them in.

So if they get a zoning permit at least we can tell them how far off the property line they need to be. um general commercial, you guys do have a few general commercial districts. So, we did add in um hospital, sanitarium, rehabilitation center as permitted uses. Um we didn't have that anywhere really in the ordinance and um we added that as permitted use just in those districts. You don't have highway commercial, but you do have a small portion of general commercial. General commercial also we changed it to add housing as a permitted use instead of a special exception. Okay.

Three zones not for you guys and the data centers uh we will be permitting those in highway commercial industrial Then I make a motion that we close the public hear the resolution. Yes. just jump to the end.

Either that or if we if you wanted to jump ahead, you're allowed to do that and then Heather could be free to go. Let's go and do that. You owe me. [laughter] All right. We are going to jump ahead and um the ordinances and resolutions. A resolution 11-17-20225A, a resolution of the town of Akran to adopt amendments to the Pulton County zone ordinance. Do I have a motion to accept? So move. Well, second. All in favor? I have sign. I'll email it. Is that fine?

Just long as I have a signed document. Yep. I'll send it to you. I have one more two more public hearings. all of these amendments will be in effect January 1. Thank you. Thank you. Have a good evening. All right, let's move into our

regular hearing. Uh minutes from the act council regular meeting of October 20th, 2025. We have a motion to accept the minutes as presented. motion. Second it favor next business. Hey Paul, it's your turn.

Good evening. That's

like to talk uh my name is Paul Bio like to talk tonight about rabbits and the livestock ordinance that you have. One of the things that I did was pulled a couple websites, Kora and the agricultural marketing resource system, but since they are not classified as livestock, rabbits are exempt from USDA inspections. There's several web pages that show rabbits as livestock. That's when the rays for meat are more mass production type of scenario several example that I've seen driving through towns like disco horses sheep chickens going to practice sheep right there in town. Took a picture of those and took a picture over at Disco. I've seen in Rochester they have a sign on 15 eggs for sale that they have chickens in the back before you get to uh 14 and 20. before you get to where Walmart and all that side of the road in

North Manchester 15 east side of the road there are chickens inside town and I want to know why I can't raise It's at my place. Really looking more of it as a opportunity for me myself with three rabbits, one buck and two. Basically, they'll give birth in 30 days after being simminated. The rabbits will be getting working 6 to 10. They'll be pretty quick in less than 3 months. I reach around 3 lb after [clears throat] they're butchered, which would be 76 pounds of meat for me every 3 months.

[snorts] I've never raised rabbits. I've done a lot of research on them. Doesn't seem that difficult. The other we have would be for kids in town here that are future partners in the 4s. How can they raise rapids when we have an ordinance against them? That makes sense. Pretty much what I wanted to say. Hey, Paul. I I think that um like Disco and Athens, yeah,

they're unincorporated. They're not a they're not an incorporated town. They don't have file or ordinances to go by. Um you know, we do other towns do. I know Manchester, I think, allows chickens. Um, but which I would cons I'm sorry interrupting you, but my point of view chickens are a livestock. That's what they're listed as. Yeah. I um so our ordinance reads, we've read it. Um do you have it up, Andy?

Yes. Uh 95.46 prohibits livestock in town. 95.01 one defines live livestock and that includes uh the term specifically includes but is not necessarily limited to uh most varieties of domesticated rabbits. the phrase that

that's what we have to change in order to change it, right? And we've had someone in here about chickens. Um, and you know, we here's the thing. This is just my opinion, Paul, and you and I are neighbors. I don't want to cause any hard feelings, but um, and we have rabbits in our backyards. every spring local cat they'll have one or two letters in the local cat

yeah the cats wipe them out that's what happens um so if you let so we've already said no to chickens all right and no to no to goats and sheep and and all kinds of livestock and I'm afraid that if we say okay go ahead and you can raise rabbits or butcher Uh then here comes everybody else and they want to do this and this and this and this and where do we stop?

Um so you know we have an ordinance that we go by. Um and I understand where you're coming from. Uh I just don't want to open up a can of worms. This is my that's my that's me and um I don't know.

Well, I would agree. You know, we've had this issue come up uh this year already, and once you open the door for livestock of any kind, then other people are going to feel like their animal should be okay, too. And um you know, this is a nice small little town. Houses are close together. And uh it doesn't take long in your words to go from three rabbits to 23 rabbits in 10 weeks. Um and then what happens when those rabbits start breeding? So, you know, it can get out of control. Uh it's as a board member, I would be opposed to any kind of livestock being the tunnel limits. I can stand chickens because I'm right there on the edge of the test line. There's a gentleman there that has chickens and I personally didn't want chickens in they make a lot of noise. They're smelly spring a lot of times. I get woken up because the rooster over there crowing. I understand that rabbits I guess one thing I didn't mention was rabbits are have no smell that's always composted or anything like that [snorts] livestock in my point of view is something like goats cows horses that are considered [snorts] liven also

because it's listed on USDA as well. And I'm okay if you guys for me it's worth asking.

Yeah. I think just because that's a lot of meat, which is very good for you. Sells for around $22 a pound compared to beef, which is not that good for or pork. That's my main reason for getting wanting to get them was the meat.

I understand. I'm just afraid that we're going to open up like I said a can of worms here and then it'll be no stopping anybody. We'll have a regular bar in our check on this at this time. Right at this time I I'm I'm going to my door know like I say we're neighbors and I want to stay friends. So, um, if I notice there's no rabbits this spring, I'll know what happened. [laughter] Well, we do appreciate you coming in. Yeah.

And, uh, you know, it's brought up last month. Yeah. Asking the same question

maybe. But uh yeah, we I don't think at this time we'll be changing the ordinances as a dream or its intent. Well, thanks Paul for for coming and and um apologize and uh anything else I would want. Yeah, [snorts] we will. Thank you, Paul.

Okay. Um, minimum I have to pass out a packet to everybody. Um, [clears throat] essentially on the water project, what we've got are the the pay invoices. Um, I list in the cover letter a summary of everything and then the the associated documents are passed. So we can go down through the summary letter and then if there's specific questions um go back and look at the specifics and answer them there. Uh the uh the first three that I listed are Midwestern invoices and uh normally I don't do three at a time. For some reason I let them back up on me. But uh the first two are the remaining part of the design and the bidding. And then the last one covers uh construction engineering uh since we've been in construction. The actual invoices show the budget. So the first two have been built out 100%. Uh the last one, the 11,000's about a third build. And there's 2/3 left to go on that, which is pretty consistent with where we are on the percent complete surveillance. Then I have two contractor pay claims of which I've attached. Also, we review the quantities and and make sure everything uh looks appropriate. Uh Thomas Excavating Division One,

which is the water man on the south side of town. They're requesting $39,38.35. There's still 128,000 yet to go to complete that. We do withhold uh 5% retainage of the total amount that they have due. The 389,000 that we show is after the retaining has been. And it also uh on the actual pay claim, it'll show the actual amount of the retaining. I'm uh looking at it currently that retainage account is $2,5465. The promise requested 41,000. We're withholding approximately 2,000 and leaving a balance of 39,000 3835. The other contractor invoice that I have is from Asher from the painting of tanks. The amount to Asher this month is 15,770 and for for the most part that's going to cover almost all of the north bank construction painting. uh balance finished is 119,000 which is pretty consistent with what's left to complete on the south and just an uh FYI of how much retainage we are holding on ashure total retainage is 10,390 that we're holding back so it's money they've earned we hold it back as a guarantee to make sure we're happy with

everything. If everything looks we release it. I know that was kind of a quick whirlwind explanation. presenting questions. I'll answer any question you [clears throat] got, but everything look forward on the and and if uh uh if acceptable uh to the board, I'd request uh approval and then Jim's signature on on those paid claims. And I can show you here's normally where sign here goes. Um, and then I do have one other thing at the end, but I'll I'll pause while you discuss the invoices. And then I do have a change order.

Well, I have no questions on the invoicing. You've been monitoring it back. So what you're requesting is 3903835 on one and 15770 on the other. Yeah. Correct. And then the engineering which the three and those go clear back to about March but then the total due on the engineering is 3620. 364.

Yeah. I'll make the motion that we approve payment to Midwest Engineers um the sum of $36,020 and no cents and also uh Thomas excavating and welding uh the total amount of $39,38.35 and Asher industrial maintenance uh $15,770 for payment. I'll second the motion. All in favor? All right.

And just FYI, I will forward these to Shannon because the majority of its grant money and uh I don't remember. There may be a form that you'll have to sign in addition, Jim, and I can bring that up Wednesday, but okay. I'll get with her and and give her all the invoice as well. You say we haven't signed for the other ones anything other than your I think just my state claims then she does turn in a draw to them but I couldn't remember if there was a

okay the other thing then that I have is for Yodar division 2 a change order and I had mentioned this last time so in the back of your packet we'll see change order number one. And if you recall, we approved uh with with their bid, we approved alternate bids one, two, and three knowing that it was a little over our budget. So, we set down uh alternate bid number two was for all the SCADA and all the electronics at the wellhouse connecting it. And it was kind of an as we discussed then it was a nice thing. It was kind of a wishlist thing but be when it came time to to try to tighten our belts and get back within budget. Uh we discussed about uh taking out some of the quote unquote fancy stuff where it would automatically communicate and make it a little bit more manually operated. And at that time, our goal was to um get the price down uh to where we could still afford to do alternate three, which was the well development. This change order reduces alternate number two, which was originally quoted at 92,540. It reduces that by 33,184. uh uh I'm sorry it reduces it to a new total of 33,184. So it's a reduction of 59,359 which in turn uh provides a it's very

similar in price to what the well development is. So now we can do the well development and uh all that within within our budget everything. It also kind of addresses the scope of we are still going to have a little bit of um automation that'll assist Jake in reporting data, but it's not going to have all the bells and whistles, I guess, already. So, um, again, I can answer any questions about that, but, uh, the ultimate final punchline to the change order one is a reduction in contract in the amount of $59,355. That's good news. Very good news. And still everything's functional as far as the controls.

Yeah. Yeah. Like what we were wanting was just like the Cadillac never have to be a able to go in the wells. It's probably a good thing if we still do go in the wells. So yeah, it's not Well, and um this where you were talking about not doing the boring underground and doing like radio communication. Yeah. Or whatever. Yeah. Yeah. Yeah. That'll be there will be some communication. And the one nice thing, and I'm not trying to justify, I guess, from that standpoint, but um the wells are less than 100 yards from the office.

So, it's it's it's easy. I'm doing another job where the wells five miles from from the plant. So, um, so it's a little closer walk than that other community. Yeah.

So, again, if if uh if that amount I mean, and I know it's hard to say, we went through uh both our electrical engineer, we had a conference call, I think you were on that conference call. It's been a couple months now, but we kind of talked through what was being reduced to get to this amount. So, it brings us back within. That's what we wanted. [laughter] Very good. Yeah. Well, um there's no more questions. Do you have any more questions?

No, I don't. A motion that we approve uh change order number one uh reduction in the total for alternate bid number two for $59,355.

All right. That's so we owe the 593 that's a cost savings. That's what I thought. Yeah. All right. Okay. 30. I just kind of what we would ultimately pay for that. All right. All right. I second it. Okay. All right. Oops. It's probably passes. You're good.

The last thing I would just point out, um, I going to be up here Wednesday for a wastewater meeting and got a lot to talk about. Um, so I going with and I called Rebecca today. I I felt like there was enough stuff that we didn't want to bog down tonight's council meeting with. We probably got every bit of an hour and maybe an hour and a half of discussion whatifs and talk about stuff. So, we've made some headway. Um, it's still there's still a lot of tricky stuff in it. So, we'll talk about it on Wednesday. Good. So, Other than that, that's all I have this evening.

You're going back tonight? I am. Wow. Going back tonight and I'm going to go back and work on the wastewater lagoon all day tomorrow and then be up here Wednesday. Good. Question for you on um Thomas. Where's the signature for the other ones have a post for the owner to sign? This one does. notice that I signed. I did have the engineer and then the contractor. I just didn't know where you wanted Jim to sign for approval. I just assumed that it had a place for the town, but let me see.

Um maybe we add a line at the bottom and just say uh uh you mean put it over. Can I put it over here? Yeah. Okay. Yeah, it's interesting. I didn't notice that it didn't have that. And what do you want to do? Do you want to sign them now or do you want to um

I have them ready. It won't take him long to sign the three. Have him sign above a town council president on that one. Have them sign next to the blue date and then next to the word buy on that one. Should be

Thank you. And I' I've seen that form come through a bunch of times, but I've never noticed it didn't have a town signature. And the other one, no, I'm sorry. Um, does it have Yeah, it does. So, it the other one has the signing line for the funding agency and they never sign it. So, the only people that sign the funding is Rural Development. Okay. We got Rural Development. But, you get these back. I give them to Mark and then he can scan. Yeah. I was going to say if you want to just trade these.

I can have them sign these, too. Just for my records. How about if I scan and just send it to you and you'll have unless you want an original signature. No, I'll just scan it in the morning and send you everything. Okay, we're good with that. I'm good because then I just have your invoice in the over. I have the cover sheet. That's sufficient for now. Okay, all I have for you. Thank you, Mark. You're welcome to stay and you're welcome to go. So now you have a trip,

man. Just hit a deer. That is not bad. Only because my partner Andrew Andy that was up here last time, he has a doctor's appointment that morning. But I think we're I think we're fine. We're meeting in Caramel at 11 and we'll easily be able to get here. Hour and a half. Yeah. So I think we'll be good. All right. All right. See you then. See you on Wednesday. Thank you.

Okay. Utility adjustment request. First one is um Walnut Jeff Tilden. Jeff had surgery today so um wasn't able to make it. Um, and this is actually uh for two months, I believe. Yep. We've we've talked about this one before. And you had a water leak. Yeah. Got a massive Yeah. And it was found and corrected.

63,834 gallons. Um, motion approve. the U amend adjustment request for Jeff Hilden as presented. I'll check it. Hi. Hi.

Oops. There it is. And we have one for um Dustin man 402 West Rochester Street purchase property in 2025 and process remodeling. property has been consistent usage and he's requesting an adjustment on his bill as a for the average minimum usage. What was the do you know what happened there with the other that needed to be repaired?

No idea. But whatever transpired, this is the incident and then it's back to so and when I contacted him, he had no idea what could have caused it because there's not his primary residence. No, it's the um it was Linda Guyger's old house down at Whittenberger and Rochester Street. The one that's they painted gray. He's remodeling that. So there's nobody living there. So [clears throat]

I guess I can't really answer and he's not here. So, just a request for Justin as presented second. And then we have Gagna Motors uh located at 210 West Rochester Street. Uh they're asking for a adjustment on their water bill. Um do you believe to John toilet? [laughter]

You know when when did you fix it? Just out of curio this past Saturday. Okay. Just for when I look at the reports or something just to make sure. Yep. Uh make a motion to approve the adjustment adjustment request for Gagen Motors as presented. Second favor. I Justin. Oh, you should have the incident reported.

Halloween safety and Halloween night both went really well. Um, no complaints on that. Had defensive tactic training today as well as deescalation training in Plymouth. Finishing up with all state mandates the first week of December, but got everything out of the way. Jake and I ran the Dodge pickup truck up to Copsker yesterday. Um he's run a little bit behind, but we should have it this week. Yeah.

Um we looked at it while we were there. He's got to take he's got everything wired. It's going to take the radio, our equipment, and put it into the new vehicle and um dent the windows and I believe is it banner. Um, we'll have it and then I'll get with Chad. Um, yeah, Chad Lewis or Kaio and have a letter.

But yeah, that's why we're at that. I think he's going to keep the truck out there. He's stripping some stuff out of it today and then he's going to get with Jake and um see what Jake wants done as far as lights on that vehicle. Will he take the lettering off of it? Yeah. I mean, as long as we requested it. He said they would probably stop better if we left. Probably not. [laughter] Um, but yeah, I have I would say he's probably going to do that. If not, we can do it.

Okay. regardless. But yeah, love it. We'll probably do it. I'll probably just go to the person that he uses to put on it. Good idea.

And he's got all the He's done a great job. I don't know what all the technology is, but other than that, guys, that's all I know. I probably be my assumption. Anybody have any questions? Thanks, Stephanie. Thank you.

Uh, you should have my report in front of you. The North Water Tower is officially full and it says we are awaiting test results. Well, we got the test results back. Good to go. All right. First day back in service was today. So, it's back in service. Um, the next line down says the South Water Tower be drained in the next couple days or weeks. It sounds like from the discussion I had with Mark before the meeting started, they're thinking about waiting until spring to do the inside, too, which is fine with me. um for a couple reasons. There's more house fires during the winter, I think. I'd like to have two water towers full of water for the firemen. Um and whenever the water plant starts getting worked on, it's going to be raw water that's still treated going to the system. But if it's any dirtier, then I would almost rather the dirty water go in the south tower before it gets redone. If that makes sense. The plan is for the water not to be much dirtier at all. But they can have a little acceleration.

Yeah, you have some. When will they make the determination? The contractor. Um, but he said Mark said we talked about it on Wednesday. Okay.

So, um the water water mane replacement south of town is going pretty well. Um they're down a couple guys on their crew, but they've still done a pretty good job. They got to the end of it today. They put the new hydron in on the end. Now they're just going to have to go back and do all the service connections and all that fun stuff. But all in all, pretty good. I think I thought they were boring that water line.

They boarded under um Sokco's or I'm sorry. Well, kind of under under Sokco's uh delivery ramp at their blue building. That was the only little section in Borville. Oh god. I think kind of the excessive utilities in open cut made more sense to them. Yeah, there I mean I would at least play I would hate to know how many utilities they'd hit by now. The amount of utilities that they've dug up is ridiculous.

And not even utilities, like just people's gutter lines that go down underground and go who the heck knows where. But yeah. Um, so yeah, that's that's going pretty smooth. Um, as you guys may have noticed, the wetlands burn off did not go as plain as I noticed at all. Um, we're going to try doing it again this year, but we've got rain coming in tomorrow. And then you look at the forecast over the next couple weeks, there's rain, quite a bit of rain. So, I don't know if they'll get done. I wish they would, but I can't believe they didn't burn first time we tried. RNR visuals here did some root cutting. Um, they only hit I think three mains, but those three mains, it took them, they were here until 4 and they started at 8. So, we've got three cleaner maids now. But I just had them hit the spots that we've had trouble with over the last year or two. And I think they I think they did a pretty good job. We're getting some numbers together for tree removal for the uh paving project next year. Um I got one quote back. It was like I don't know $7,000. So, I'm probably gonna get a couple more quotes, but either way, I don't I don't think anybody will be able to get us in until next year. I know the ones we want to use can't get us in until next year. Um, which is fine as long as it's done before they start putting new sidewalks. I checked with the guy out there by Rock Lake. Um but the road before Rock Lake um

man I can't think of his name right now but uh

open to suggestions yeah check with him I'm not saying he'll be suspended but see what he can do a shame of looking around the deck has gone Good. I suppose it's the worst time of year. Um especially when a snow comes through and knocks down all the leaves at once. Yeah. Terrible. So, we have a little problem with keeping antifreeze in the Yes, we are. And didn't we just have that? Yeah. I think it was three years ago we put a new radator in it. Four years ago, I think I knew some we did. Yeah. and it's ain't great,

but we're trying to baby it through. We've been refilling it and we're trying to baby it through until the end of season, but I don't know. The last time we had this, we we took it to I can't even remember who it was to try um patching the hole little holes in the radiator and they couldn't. So, if it's little holes in the radiator again, I don't have to buy a new one, I guess. Again, I don't know. I don't know. I don't know if it's like that acids in the leads or something getting in there and stuck in between the the radiator and the grill. And I don't know, doesn't make any sense to me. But

now, do you have any you have any knowledge, suggestions, knowledge? Radiators with leaves on them. How down in there? Uh, they're everywhere. They share. We So, if we We used to We used to have a mesh screen that goes over the grill, but right behind that is completely open. So, it would just suck it in one way or the other. Wow. Then it would get stuck between the screen and the radiator, which is almost worse than it just being on the radiator where you blow it out. So pull it out.

So yeah, I don't know. And I think the the radiator that the radiator before this one, I mean, it was it was old, so it lasted a while. So I don't know. I don't know. Like I said, I try getting through this year. Um, the nice thing is it's not really a fast lead. [clears throat] usually get a couple days out of filling it. But but yes, you did hear correctly.

Okay. Good day. Um the engine brake ordinance sides have been delivered.

Um the last I knew our permit was still out waiting to get approved still. So I'll touch base with them again and find out for sure. But that's the last I knew. Um which isn't surprising at all. Just kind of how the cookie crumbles with them. Um you want to reach out to him, right? I Yeah, I don't know. The Jetervac, um, we're having problems with a water pump leak on it. And to my knowledge, I don't think the engine has ever even been serviced on it. And I'm not a diesel mechanic, and I wouldn't claim to be one. So, Brown Equipment Company, they do this thing where they will come pick up your machine, take it to their building, take it to their shop, and do a service on it and give you a list of things that they noticed that was wrong with it, and you could tell them, "Hey, we want whatever fixed." I mean, they put everything on there, so we wouldn't have to get everything fixed. Um, but it sounds like he'll be here tomorrow to pick it up and he should be hearing hope by the end of the week um an update on it. Um, but the other the other option was have Best Equipment, which is who we bought it from, have them come to the shop and look at it for I think $2,700 bucks. And that's before or I'm sorry, that was No, that was $4,100 if they came and looked at it.

That was cheap. And that was before any fixes on it. And if we took it up there to them or over to Indie to them, it was 2,700 bucks. So we talked to the Brown Equipment guy and I said like, "You just think it'll be under $4,000." And he was like, "Yeah, I'm pretty sure we can beat that." So, but yeah, the park bathrooms are still open. It's a miracle. So, I'm kidding. Hopefully within the next couple weeks you can shut them down.

Shut them down. We're so close to just like the winters are so mild now. We're so close to just Oh, you just jinxed us right there. Jinxed you. Some people ask well

um so have you done have you heard anything about or talked to anybody about the smell there? Yes. Yes. That was another I'm glad you brought that up. I completely forgot about it. Um I got a hold of Vand Dot and told them they had a stinky man or pet basin. Okay. And I went in and told Adam today that I asked him if I endot had been there yet and he said no. I was like okay well they're supposed to be put a cone out for them. That way they they can see where they need to go. Okay. Um but I told him I was like I'm I'm not convinced that this is your problem but it's something we can mark off the checklist.

Thank you for doing that. Um, but I did some looking and there's there's a thing that I think we could put in a pipe that it goes in the pipe and whenever water flows through it, it opens. But other other than when water's throwing flow through it, it's closed. But it's like $300 for that little piece. So, I don't know. I I'm I'm not convinced it's the town's issue. I'm really not. Could be, but I'm not convinced. So, Okay. Well, and when I went in there, it smelt fine. All right. Um, but I have been in there and it smells like Yeah. And I have too. I've been there. It's bad. Yeah.

I'm not discounting what they're saying, but but he said when you get a little bit of rain rain, it stops.

I don't get it. I don't what I explained to him was like when when it smells so bad in here, how can you go outside and smell nothing? Like if it was something outside that's making it stink in there, why can't you smell it outside? There's been times I've smelled it outside, but not all the time. I mean, I'm good. What happens but yeah, could could be related, could not be related. I I don't really know. And I gave them a list of things to try and they I think they tried them and they never found anything. So So the that valve you're talking about is something that we'd have to purchase.

Yeah. It's just like I would have to even look go down there and look at how we do it. But it's just like a little you put it in there and then you drill a hole through the top of the pipe and then you thread a a like an eyebolt down tight and it holds it in there and whenever there's flow it just opens up.

Yeah. the water just pushes it open and whenever there's no flow it closes back because that's like the only thing that I could think of from the smell standpoint is like that that goes down and dumps into the sewer main but most catch basins do. So that's why I don't understand why this one would be so bad as opposed to several other ones. So I don't know. Okay. Well, thanks for doing that. Appreciate it. Anything else?

I don't think so. Okay. Good. Uh Andy, um I talked with uh Rebecca about the outstanding small claims judgement we have against Melissa Abbott. And so that has been scheduled for a second order to show cause hearing for January 12th. She was served she was served the last one county sheriff served her by leaving and mailing. So, she did not appear. And and when someone does not appear, uh when they've been ordered to appear, uh the judges will only issue, uh uh a bench warrant, state bench. I always do that.

Only issue a body attachment for failure to appear if they were personally. They won't they won't do it based on leaving a mailing. Leaving a mailing service is good enough that if you sue me and you prove that they left a mail and I don't answer the complaint, you can win the case by default. But when it comes time to, you know, uh uh uh taking the next step and the resources of a deputy to to bring someone in, um that has to be by personal service. And so the document entry said personal service, the actual note the deputy made says. So I called over the court date and this time the order is going to specify county must personally serve. So it doesn't come back served if they say well we try going out there and and which you have to have some allowance for that they're they they're not required to park a cruiser and wait till 12 hours until no one shows up. Um, so, uh, uh, if she still doesn't show, then my next suggestion is that we file a request for proceeding supplemental to the Indiana Department and uh, see if they will disclose where any employer that's telling the state that they're withholding taxes on their behalf. We can use that without participation. We could use that information but uh better

yeah that they might but uh uh there also there are also other judgments so I suspect we are not the only people which is not unusual. your turn. Yeah.

And I think that the property uh served in Kiasco County appears to be just on contract. So uh uh the other option is we could domesticate our judgment in Kasiasco County and in theory we would have a lean on her equity if she's in the purchase of process of purchasing a contract. um uh that that could pan out to something eventually. That's more of a we do that. It's kind of a set it forget it. Uh she does not believe you're not unable to attempt to foreclose all property. I can tell you that. So recommend that.

Those are some of the other options. And it's a weird situation to be in. The reason I called over I didn't running in it. I don't want Akan to get an unwarranted reputation for uh um asking for warrants from people over effectively debt. I said I hear that all the time. Well, so and so got arrested for owning this debt. Said, "No, you don't have debtor prisons. No one gets arrested for owing a debt." Nine times out of 10 they got arrested because they got ordered to appear for a postjudgment proceeding to answer questions about how they're going to pay the debt and they didn't show up for the hearing. So those people are not getting arrested throwing debt. They're getting arrested because they show up when a judge order show up. She show up and answer my questions and the questions might not lead to us getting paid but she wouldn't be in content court order to show up. That's kind of a bad system. I did not have anything else.

Thank you. Ordinances, resolutions. Ordinance 11-17-2025 2026 salary ordinance.

I read through it. I do not have any. So, the one addition I'll just for the record um with um we talked about with the Senate bill or enrolled act one or whatever the all the changes come with property tax and local income tax. Um with full-time employees having the ability to have overtime and things of that nature. Um there wasn't an explicit like 3% raise this year for their salary. However, um we figured it in as a non-discretionary compensation. Um I talked with um HR company that does our handbook just to verify that I was calculating things correctly. So um you take what their 3% raise would be based on their 80 hours a week. And then I also um was to figure their um average overtime as well. So um printed reports and did a calculation and um that is how the three amounts for each employee were determined on um and that pay will come in addition to your normal compensation on the last payroll of March and the last payroll of September um is when those will happen. So, um, and I'll get you a copy of this for your records as well. But just so you know, and then as things and hopefully legislation air and clean up, um, this next legislative session, maybe next year's can just be factored in and we don't have to continue to do non-discretionary, but that way we can hopefully sustainstead salaries. Yeah.

And everybody else got a 3% poss ordinance number 11- 17-2025 uh compensation uh Four employees elected officials of the town of A Fton County, Indiana. Second it. All in favor?

Resolution 11-17-20 transfer of appropriations. Insurance went up. So to cover the installment, I had to move funds from to our building maintenance to insurance. Much to approve resolution 11 uh 17205 appropriations as presented and second it. All in favor? I We already took care of the minutes uh dockets of $277,2327 and payroll allowance of 23,14925

and dockets I'll just say obviously it's a lot more generally than we do every month. Um, I had the payment out to Asher for their a claim number one. Um, that was in here. So, that's why you see the significant increase of

I had to pay from the town's funds 32,69936. Um, then the portion was 100 measure that. Yeah. $148,950. Um, and that was the grant money from the state and those are paid claims that we approved back October 8th and just went through the process. Any questions?

Motion of who? uh adopted of 17 November 2025 for 277, $2257. Not second. All in favor? I then allows motion that we allow for 22,949. Second. All in favor? I Anything else? Yes. Um, one thing that came in and I sent it back

yesterday, our 1782 notice for our 2026 budget was received. Um, our budget was approved as um submitted. So, we are good on that. Um, I even got an email because Eric, um, Epic Tilly just gets it as another outside source to make sure somebody's seeing it because you have 10 days to respond um, in case there would be any changes. And, um, Eric forwarded to Adam. Adam responded and said everything looked great on their end. Um, we're under the max by $21, so that's fantastic. I wanted it to be zero, but, you know, I'll pick 21. So outside of that I don't have anything else.

Uh nothing else I will make a motion to journ. Yes I have a question. Okay. And I put a few hires on my property. All right. Good for the environment. No, I have no idea. I don't know anything about that. I know that we have anything.

Counselor, where does that set? Well, I've never been asked that, but I mean, where is Mark producing? Where does he do business or does he just sell some honey? I don't believe he does sell honey, but I Wherever is uh I don't think he's doing it anymore. I like Yeah, I don't think he is, but I think he did one time. Yeah,

I know he did because uh when Mandy worked with his wife, I think they gave her some honey. Yeah. Made me sweeter. [laughter]

Well, if it's being done for agricultural related purposes, then we have to ask, is it does it meet our definition of livestock? done for agricultural purposes. If if it's done for personal purposes, there's no there's no agricultural purpose to it. Um it's not in the list of animals explicitly include. So if you have pet bees, I don't think that's Have you ever done this before reference?

Yeah, I have. Well, if you you know what you do this do it over by this because I'm allergic to bees. [laughter] I get stung with a bee. I swallow like a dag on the serpent.

Oh yeah. I know people all across the United States. I know people who are raising them now they're out of country. If you're raising them in town, let's say, and you're producing honey and taking it to a farmer market, then I think that probably violates the ordinance because you're doing it for an agricultural purpose. If you're if you're raising them or keeping them for honey for their own purpose, think you have a better more defenseful position that it's not for an agricultural firm. But again, I just at first blush, we don't we don't seem to use the term anyway. Probably where that would just be

I think it's not in there.

Right. Well, quite honestly, I think that the bigger problem I I would be concerned about in town is that you are knowingly close to neighbors and and literally if if I were raising bees in town. Um, I could in theory I could be doing it completely in uh uh in compliance with the ordinance, but if it's 50 feet away from a teenager who who didn't have his EpiPen, you have to think about are you do you have a literal liability risk in doing that kind of thing? And that really doesn't have anything to do at all. I could I could uh uh do do a lot of things with my property that are permissible or not prohibited uh and then create risk to those around around me and those risk are much less if I'm doing that 7day out. So just don't forget that angle of it

less from my point of view here in town should have eyes here in town. Not someone owns eyes but would be in the trees trees. Sure. But but the the the difference in liability risk between colony of bees that happens to park in my pear tree and colony of bees I encourage to park in my pear tree 50t away from my neighbor. That could be an important distinction someday. These are not mean a half down the road just holding on to the limb with all the around.

They're going to be in They're going to be in a box, right? Yeah. I got a friend that raised bees. For the record, you sign, please. Thank you. Okay. Um we journ sir. Thank you guys.