Town Council - Regular Meeting

Okay, today's date is February 10th, 2026. Uh, this is the Burlington Town Council, the monthly meeting for this date. Uh, present is Daniel Stevens, myself, Kevin Hammond, Justin Alder, the town attorney, and Karen Digger, the town clerk. We'll go ahead and start the approval minutes. Um we accept the minutes to accept the minutes. I will second that motion. All those in favor say I. I.

I. Motion carries. Next can be CL. So I processed payroll from last Friday and then perment through yesterday and then go and then like I said in that email I don't know why I did but I went through because I'm working on the annual report and I went back through I looked at all the dispersements and I noticed that I had like a couple things I put a wrong appropriation number on and what I wanted to use. So, I went back and corrected that and it put it on this report from 2025. So, I don't know why I did that, but it's on. We're not spending the money again.

This GPS thing, do you have that on your phone or you have access to that? Yes. Okay. I'm g We can get it for you. I don't care about it. I just want to make sure that we one of us. Yeah. Looks good to me. Make a motion. We pay the bills. Motion to pay the bills. I will second that motion. All in favor say I. I.

I. Motion carries. Next be the town marshall report. What is this medical? What does that mean?

EMS over. Okay. I justly accepted the marshall report to accept the marshall's report. I'll second that motion. All those in favor say I. I. Motion carries superintendent. Well, we had a issue with our well and I think I told you about Yeah, thank you. Because like 3 days after you called p told me I woke up to no water. Oh, really?

Yes. And I was scared to death. Ours was a pressure switch. I was hoping this was cuz I had no pressure here and Karen told me it was frozen was because we didn't have any pressure and there wasn't that. What was the water table dropped so they had to lower it down another 20 ft and did that? I don't Did we ever get a bill from them yet, Karen? No. No. Maybe it's free. Yeah. We got that. We got that. It's pretty simple fix. Yeah. They said that's kind of been happen. Still kind of scary.

It is. But it's been so dry the last couple years. You know, that's something. Uh then we had to get new meters out of the plant s plant and one of them quit and go to the original one and it does come in yesterday. So he's going to come next Wednesday and put it in and now I'll take care of that. Um nothing pushing some snow. I did have a hose break on the sweeper I had to get fixed. I think that's about it. It's good. They're like quiet.

Yeah, those meter meters weren't cheap. I mean, she probably You probably seen what they were. Yeah. I mean, they're 40 years old. So, I say if we get 20 out of They don't make them like they used to. Okay. Well, again, I appreciate everything you do. I've had a lot of comments about how well you did snow. So, continues to come in. So, yeah, really wasn't too bad. Came down easy enough, but it was all day long, you know, right? It was about then it got cold. I think it was the coldest day actually when

Oh, no. That's what I was kind of thinking at first and it froze up. But I thought, man, it's all underground and it comes inside here, but that was that was good, I guess. Yeah. Like I said, we haven't got a bill from yet. So that's been what, two weeks ago. Probably a lot easier fix just to drop it down. Yeah. Just add another piece to it, right?

But it's just sucking air is a problem. So old business. So, moving on to new business. Uh, January 26 payroll allowance docket. I move that we accept the payroll allowance. I have a motion to accept the payroll allowance. I will second that motion. All those in favor say I. I.

I. Motion carries. I did want to add to all the snow that got pushed up over by the curbs and stuff. That was not me. That was a state. State load people. Yeah. Wish they would put some too. All right. Oh, I agree. We had the same problem at this week. They were pushing it off the highway onto the property of our school. Oh, really? Yeah. We're trying to get rid of it. You're shoving it off the highway into our parking lot.

It is what it is. Yeah. Okay. Moving on. Discussion with the attorney regarding community crossing contract. So, um, you guys apparently are trying to get some, uh, streets paved. Is that correct? Yeah. Um, so, and you agreed to a price with this company. Is that 1244? Yeah. So, um, I reviewed this agreement and they pulled it out of some kind of book. I don't know where they done it. Karen suggested that they may have used this a few times,

right? Because we've received community crossing grants in the past and I think this has been kind of a template they've used for the agreement. Okay. So, just this the what I got received my email is I don't know if there's attachments to it. Those are just pages 1 through 15. I know I think that was it. Yeah.

Okay. So I I don't know anything about paving streets or these type of projects as far as my knowledge of that that part of it or if any of that's accurate. I can't really assess that part. But just from a straight contractual um look at this. The issue I have is that I think I'm missing massive attachments and things because it's referring to all kinds of things that I don't have. Like we go through like each page, but starting with page four on here refers to an engineer. They say nonacquable, but every single page refers to what the engineer is supposed to be doing. Notice given them. So, so it's just on a strict contractual basis. That's what my issues were. The other one like right below it, it talks about article 14 of general conditions and and article two of general conditions. I don't have general conditions on here. There is nothing attached that says general condition. So I have no article 214. Every article they refer to in here is not attached. It's not part of this. So I don't know what it says. I don't know what it is. It's not here. Later on they refer to

that in the kins in the bin. The bin spells. And there's exhibits ABC they refer to late in this thing. We don't have Is it possible that they copied and pasted it off the internet or something? That's what I think. It's 100%. Yeah. cuz they like I said they just but they're I don't know or they use it out of a form book and just like so it's kind of I don't know um so for me to sign and say this looks great can't say that because I don't even know like 90% of the stuff in here doesn't even is that what

doesn't either exist for me to review or it doesn't even apply probably to our project. So, should we write him my email and say, "Hey, what's all this stuff?" Well, I emailed you Ken's number. Yeah. So, if it's possible to get with him to to know, I would say get with Ken cuz Ken should he's the engineer, so he should have all that. So, he does stuff. If they didn't just copy and paste it,

then I try to look at it as basics, you know, like like I said, the price. We all agree the price. We all agree what streets are being paid. That stuff's in here. I mean, the rest is and it's like boilerplate language. All right. That has been it's just it's it's a one-sizefits-all. They've tried to ram it down to some kind of small project. It's probably written for projects with all these addendums and all these things that it's referring to that are multi-million dollar projects. But so, but nonetheless, I mean, it doesn't really I can't sign off on it because of the fact if we did like would that we don't have that other stuff or does that mean we're liable for that other stuff we don't have?

Well, potentially, but I doubt that there's anything that's going to trip us up the debt side of a way of just knowing that. I have no I don't I guess just our experience with Ken and this company, these we you know, he's been good in the past. But if you're asking me to as the attorney for the town to say this is a good contract we should sign. I can't say that. But to come up with something new is going to be tough for me because I don't do painting contract. I don't know that that side of it. I don't know. I guess I could talk to Ken to see if there's some ground.

Could you reach out to Ken just to see cuz he may have did he all that stuff he produced this? I Yes. Yes. And if you need something else, he could probably send it to you or he could modify it to take this stuff out. Yeah. That's probably just a general fun. Yeah. And one thing I noticed too is like I said, I try to reread it as in general like basics like the most important parts like what happens if they don't come in on time. Oh, they're saying that it' be substantially completed within 200 days. Does that seems long? That seems long. That seems real long. Yeah. I think for four four streets, right?

Well, one of their issues is they can't do nothing till the plants open. Asphalt plans on weather. Okay. And they thought it would be around I thought it was around Mayish is what maybe sometimes in April. It just depends on weather. If it starts warming up, stays that way, they'll open them up. It feels like this is like the smallest part of a giant document. that I don't have because it's referring to all these things and you know the town's obligated to this pursuant to this section of this and that's a different document somewhere else. There's a bunch of that in here. So

if we just sent him a message that said that just that thing you just said, couldn't he just go in and remove all that or does does that need to be in there? I don't I mean I don't know that it needs to be in there. I think if he just had something with the basic terms Yeah. Um, but once again, Ken's not a lawyer, right? So, um, I don't know. Maybe we I just call him and tell him you're concerned. So, the company doesn't have one like the paving company. Not that I know of. No, cuz normally we're the one contracting with the paving company, so it would come from our hand.

I think he sent all that stuff while we're running. As far as I think all that in the biz that was in the biz in the biz, but that was those those that those those last pages in here and that's usually all we saw. That's what um the information that went into the uh for the for the video. That's usually all we get from him. Okay. I just know according to him because there there are things that have changed with this now. My understanding is everything has to be to INDOT by March 1st. Okay.

And so we're on a time crunch now to make sure we get because then he has to there has to be a request uh for funds which some of that paperwork has already been emailed to him but this is part of it. Okay. All right. We'll we'll do while we can we'll see if we can get that cleaned up something that makes more sense.

And then you know then not only that like once it's cleaned up Kevin has to sign it and then it has to go to Central Paving for them to sign it. So I mean there's there's some time in there too is you know his availability to come over and sign it once that's done. like it can't be done like February 28th because then we've got essential paying also has to sign it and then it has to get to Keny company doesn't do their own contracts that blows me away like most service people would have their own stuff right you know you're I would think so

yeah your company your whatever utility companies whatever would have to provide it especially a project this big I don't know maybe this So, we've done this the way though you think in the past with Kim. As far as I'm aware, yeah, cuz we've done contracts. I mean, we've had community crossing grants before and I guess I'm asking too to see if he may need to format a grant. You know, that sort of thing. I don't know. I don't think so. I mean, I think um just showing that the agreement is there between us and the contractor. All right.

But I did email if you need his number again, I can get it to you. But I did email that to you. Yeah. Okay. All right. I'll have to do something tomorrow with Thursday. All right. We'll get some movement on it. Call our email. Is he in jail? Mhm. Yeah. That'd be great, too. Okay. I'll send you I'll I'll send another email with his phone and email address. Okay, awesome. So, we will table that contract until you guys get this worked out.

Yeah. Okay. Excellent. Any other miscellaneous business for the town? Make a motion to adjourn. I'll second that motion. All those in favor say I. I. I.