Town Council - Regular Meeting

Is it the same as for big trash pickups, one you can put in there?

A big trash pickup is, actually it's on Wednesday. No, I mean the same ruling. A lot of people have asked about that, yeah.

The same ruling, what they'll take is what you can put in there.

If you can throw it in there.

And there's actually going to be two dumpsters, so one will be for the trash and whatnot, and the other will be for scrap. Yeah, so we'll see how it works. Other than that, policy handbook. I think actually one last review and then we can go ahead and so I don't know if you guys want to maybe at the next meeting maybe schedule one more meeting just so if so make sure you guys are okay with it I mean it's not that it we can always revise it so I know we I think we should do it next meeting at 530 unless we're having a

Planning Commission. Not next. Not next meeting, right? That's the second meeting.

Yeah, but the RDC, everything needs to be done by the 15th.

Okay, so we've got to do the RDC stuff first. Okay, all right. So we'll wait until next week, next time.

Yeah, and find out when everybody's available. Other than that, that's all I have for tonight.

There was something I needed to ask you and I can't remember what it is so I'll ask you later. Does anybody hear from the attorney?

The last email I sent to you guys. Did you guys get that?

Yes.

And then Fred, I'm sorry, excuse me. He did email back saying in was saying the days that he had available, so Fred will meet him. And I think Pam was also one interested in.

So you guys are gonna meet?

Yes.

Next week sometime, before the next meeting?

Yes, it'll be before the next week. All right.

Okay, old business. We have a scholar with us tonight. Congratulations, come on up. I get the honor of presenting you with your check. For those of you who don't know, the Atlanta Festival gives a scholarship check to a high school student going to college. And Joshua Morrow is this year's winner. Do you want to get a picture doing this?

Yes, I do. Hold that. Maybe I should do this one. Luke, if you don't want any paper. Good job. Going into the electrician apprenticeship game. Oh, awesome. And you guys are welcome to leave if you want, unless you just. Or you can stick around, whatever you want to do. Thank you for coming though, we appreciate it.

Okay, 296th Street. I'll tell you what I know and then somebody correct me when I'm wrong. Somebody up here, correct me when I'm wrong. From the emails that I've read that have gone back and forth, It sounds like we're still at an impasse, but they have agreed to fill in the potholes until Tipton County has agreed to fill in the potholes until we can come to an agreement. They're not taking any liability. They're not saying it's theirs. They're saying we'll fix it for right now, and then we'll figure it out. Is that a summary of what everybody is understanding? Okay. So has that started yet? Do we know when it's going to start? I didn't see that in any of the emails. They just said they would.

Right. That's all we've seen was that they agreed to patch them, but that's all we got.

Okay. Alongside that, Fred and Pam are going to meet with our attorney and Someone else or just our attorney? Just our attorney.

And eventually we are going to meet with their attorney.

With their attorney and is it going to be county commissioners meeting?

I'm not sure.

Because I heard something in one of the emails about a meeting between county commissioners, but I didn't think that involved us. So I don't know. Did I read something in that I shouldn't have or? thought that came from the same email that they said okay okay but Pam and Fred would want to meet with our attorney next week ish probably Pam okay to try to resolve who who has ownership as to what we think is we've been told by our attorney we've been told by the in dot we've been told by the I talked to a county guy who's worked there for 25 years doing roads. He said, absolutely not your road. So I don't know what else we can do. I mean, the big thing is to get it fixed. And as long as they're willing to get it fixed, we can hash out who owns it later, but let's get something done to get it fixed. I don't know if, Fred seems to be like he wants to be driving on that. That's fine with me, I don't know how everybody else feels, I don't care. But I would like to just get a timeline as to when they're gonna start, when they think they might start patching that. Because, I mean, we need to get it fixed. So, okay. Yes, please. By Camelton County? Yes.

Tiffin County knows that when we annexed it, Atlanta annexed that road, it was ours. But Tiffin County is still getting the tax money. And they know that until... stating that we get that tax money back, the transfer.

So our county commissioners are saying that when we, in 2012 or whatever year, was annexed the property south of the line, the road went with it? I had not heard that yet.

Well, that's what the commissioner told me. Okay. And they know they owe us that money, but they aren't going to. Tell us they owe us that money because they don't want to give it up, and they will go back.

No, they have to. Atlanta has to fill out a transfer request, and then they'll give them the money.

Just one five-minute page.

That's the L-O-I-T-C.

Right. Yeah. It takes five minutes. I gave her the information the other day of the lady in contact, and she'd step them right through it. It takes five minutes.

Well, Jennifer can't do that on her own.

No, I sent it to the attorneys.

So the commissioner saying that because we annexed it then the road belongs to us that's what the commissioners are saying We didn't annex anything north of our county

That's where the attorneys are going to figure everything out.

So the attorneys are going to have to figure out whether us annexing the property below south of 296th Street had anything to do with the road or not. That's the first thing it has to be. I understand the county commissioner said that. That doesn't make it legal. So we have to figure out.

The map they give me is on my side of the road. I live on 600th.

Okay.

You guys got the whole road.

That's the reason he snow plows every year. No, that's not the reason. The reason we do that is so that people can drive on it because we know that the county won't do it. That's the same reason we plow down here at the end of Morris and Central. That's not ours either, but we plow it just because our residents have to get to 19th.

Same thing here. They did say they would fix the potholes, but we don't know the timetable.

Right. They did say until we can come to an agreement on who owns it, they will take care of fixing it for right now, but they didn't tell us when.

Well, let's go.

Thank you. We're going to try and get them to figure out when. Okay. Thank you. Appreciate it. No problem. Okay. But we don't have that knowledge, so I can't.

I know that, but I don't want you guys going into this blindsided. Okay. Knowing that I think the lawyers already knew this and haven't been doing anything about it. Because I talked to him two weeks ago, right after the board meeting, the commissioner. And he came back like two days later and told me all this.

Okay. Well, I mean, if Alex tells us to fill out that paper, we'll fill out that paper. But until they tell us that, we kind of have to wait on them to figure it out. The last I heard from the lawyers was in that email that They weren't 100% positive, but they were pretty sure we didn't own it.

Is that the gist of what- Yeah, the NDOT email states that we do not own it, we are not getting revenue from it, and that's where the attorneys are saying that's the case. That is the case. And every- And I would know, and I talked to Jim Higgins about when we started all this. And Jim's like, NDOT is the one that you're going to have to go through. They're the ones that would have it.

Well, I know our attorneys had said, and the guy I talked to from NDOT said, the south border is always that county.

Right.

So that would be tipped.

And I went back in on the annexation papers. There's nothing. There's nothing.

We annexed property that was south of 296th Street.

And Alex even asked me, he said, Jennifer, did you guys annex north at 296th? I said, no, we did not.

And there's nothing in there about us annexing the road either.

It's not a connecting road. If we annex the Bald Diamond, we'd have to annex the road that connects our town to the Bald Diamond. If we annex east or west, we're not going to annex north. Just because we annex on our side of the county property next to us doesn't mean we annex the road north of that.

I agree with you, but they don't.

And the commissioners are now saying that we annex county line. Is that what I'm hearing?

At least one commissioner, yes. But that doesn't mean he's right, and that doesn't mean that's the way it is. Let's just let the lawyers handle it, and then... When they figure it out, as long as Tipton comes and puts Patch in there, I think we can figure this out. But that's got to get done, because somebody's going to get hurt. Jennifer, I don't want to put it on you, but is there a way we can talk to the attorney and say, this is what they said they would do. Do we have a timeline as to when they might do it, just so we can tell people?

Sure can.

Anybody else have anything on 296th Street? So Luke did bring up an issue with two issues. The first one I think the most important is that people are coming to his house to complain to him about whatever, which I don't think that's right, Luke. You should not have to have that happen. your kids and wife have nothing to do with your job, I would say don't let that happen. If you answer the door and somebody's there to talk to you about something that's going on in the town, just respectfully say, look, I'm not dealing with that right now. And if they won't go away, call police.

The scariest one for them was The gentleman that just left. I can understand that. The kids were upset just based off the way he approached me. And, you know, they're in my back, so I can't. I called Fred. I may have acted. I don't know, but I called Fred immediately and said, hey, the guy just showed up. He was heated just like he was a minute ago. But if somebody's water is leaking or their sewer is leaking, I don't mind if they... see my truck and say, hey, because I would want the same.

I would say it's your discretion. If someone comes up to your house and they're heated, get rid of them. There's no point in that. If you want to help somebody, that's fine. I'm not saying you can't do that. I'm saying if you have a problem with somebody, there's no reason they need to come to your house.

The last one was the issue in the subdivision with parking was my problem. personal phone after hours. And it's another reason I want a work phone. And so I had to say, hey, limit your contact to my personal phone after hours. And they said they would be here, but they're not here, obviously.

So there is an issue with parking. I think we're going to table that until the next time so that everybody can have an opinion on what we're going to do about it. I would like you to

put together a recommendation to say this is what i think we ought to do as the street commissioner i'm i'm 50 50. i'm wait you knew what jordan says and tell them every time or or well you can just let you guys know hey it's an issue when i go to tell these cars they are very upset i understand that put that put that down in writing get both options say

know if we continue to tow people are very upset and the other option is to let people park and if you got a third option put that down too just so that we can see what they're what's available i i don't have a problem having you continue to tow and call in arcadia every time you have to do it if people aren't supposed to park there they're not supposed to park there i mean that's just the way it is right if they don't have enough room to park I mean, it sucks, I understand that, but doesn't everyone on that street have a garage and a driveway? That's a couple cars they could park. I mean, I don't want to be heartless, but you knew we were buying a house that you weren't allowed to park on the street. I assume you did.

I didn't, actually. Some of them didn't. Like when I moved in, there were no signs posted yet or anything.

So that changed since you've moved in?

Yeah.

Okay, well, that's a consideration then.

But even then, like... We had, at my place, we parked in the yard if we needed to and stuff like that. And there were multiple times that people came to Luke because one of my ex's kids would constantly park on the street, and I informed Luke. I was like, I'm not getting in the way of your job. He's been warned. It is what it is. And he went and towed his truck. Like, I dealt with the aftermath from the other half, but it was one of those, like, he's been warned. He's told he can park in the yard. He wants to break the rules, and he paid the consequences for it.

And I assume you're not towing somebody the first time you see a car parked there It's a hey get your car off the street kind of a thing and a warning and a citation and then there's a steps you go through to Before you get the towing So they know they're not supposed to be parking there and

But also, that is caveated with, I could tow them without... You could.

Yes, you are completely within your right to do that. I'm just asking what your process is.

Right, right. And the reason I'm bringing it up now is because it becomes more dangerous each time.

Well, I would say until next meeting, between now and then, I would call Arcadia every time you have to tow someone. To be safe so that it's not you doing it. I mean, you're the code enforcement officer. They're breaking the code. Put it on Arcadia to come down here and stand there while they tow it. And if they got a problem, then they can come up here. Yell at Jennifer. Okay? Yep. You good? Yep. Okay, let's move on then. Anybody have any other old business? Nope. Okay, I am in the dark on what CCMG pay app one and pay app two are.

Two pay apps tonight. The first one is for 138,357.90. And then you've got your retainer still at 44,000. So if you want to pull the retainer until they get the dirt work done, you can. But if you guys would like to pass, this one is ready to go.

That work has already been done?

Yes, this is work that's already done.

Okay. Somebody want to make a, we want to look at it first or do we have that?

You've got them in here. We've got it in here.

Okay. How much work do they have left? They got some.

They have no more streets, full streets to do, right? I mean, they're just doing touch-up and fixing?

Yeah, they're going to cut. They're going to make a cut on East Meridian. They're going to make a cut. I don't know. You guys don't know the streets like me, but like Toby, like... On this way, 20 yards west of Toby's old carport, make a cut around there, and then quality control guys still not been out about this, which could be a possible another cut.

Repaving.

That's pretty significant. Now, do we pay them the 130 and keep the 40? Probably. That's probably a good idea.

I would agree with that.

I would say the work they have left is less than 40 grand. So, hold the 44. That's the 138,357, correct?

Yes. I make a motion that we make the payment of the 138,357 dollars and 90 cents for work that's been completed and we withhold the 44,434 dollars and 8 cents for the retainer. I'll second. All in favor? Aye. Opposed?

And we have some awesome new yellow stripes on Walmart.

Yeah, I saw that.

for some odd reason.

Maybe we can put a pickleball or something up there.

They're going to stripe Allen Hopkins, too? No. I said, stop. I was like, no. They were painting stripes, and I'm like, just sign my name. The engineer put in, we're like, do not do that. And they did it. We're like, why did you do that? I was like, I thought that was interesting.

What is the payment? $130,000?

Okay, there is nothing more on our new business does anybody on the council have new business Not hearing any is anybody in the audience have any questions comments or concerns

Okay. So that would be a state thing or a county thing?

The railroad tracks would be a state thing or a county?

It's a railroad thing.

It's a Port Authority. They fix coffee.

Port Authority?

Yeah. Nickel Plate did come in and put a little bit of.

They fixed their coffee. You know, all of them until May. The May and then the next two are the ones that are.

The worst?

They didn't get anything out of money.

Yeah. Well, they had 800,000, but they fixed two in Cicero.

800,000 to fix two intersections? Two crossings?

I appreciate that. That's nothing new, though.

I'll be a bullseye, go ahead. Anybody have anything else? That was the primary.

There were two seats and two people, so. Okay, okay. So then it's the next.

In November, you'll actually vote for those two people.

No, you'll vote for both of those two. Yes.

Fred's and Murray's are up. Fred is running again, Murray is not, so Johnny is running in Murray's spot. Murray's spot. Fred's running for himself, Johnny's running for Murray's spot. Yep. Anybody else got anything? We have a motion to sign our claims and adjourn.

I'll move we sign claims and adjourn.

Second. All in favor? Opposed? All righty.