Town Council - workshop

That needs to come forward. That's urgent. That cannot wait till our regular meeting can be brought up. We're going to start with the clerk. I would like to ask for a motion to approve the minutes from August 3rd, 2026. All those in favor. So be it. Thank you. Next, I would like to ask for a motion to pay the accounts payable in the amount of $41,961.08. I make a motion. I second that.

All those in favor? Aye.

All those in favor?

Aye.

I think it's still weird. This is now perfectly added.

Coming up next, this is going to be the first reading of ordinance number 2026-03. This will go public to, it'll be publicized tomorrow. It'll run two times and the date that we will pass this ordinance is September 1st will be our adoption hearing. So this is ordinance number 2026-03, an ordinance amending section one, chapter one entitled rates and charges of article two entitled waterworks of title five entitled public works, transportation and facilities of the town Lakeville town code. This is very similar to the ordinance that we passed that was appealed. There are a few changes in this. One of them being that the curb stops meters, distribution valves and or hydrant tampering charge. Yes, so that we added.

Which is $100 plus cost of repair and labor.

Yep. The rest of this was already on there. Yeah. We did make the changes in accordance with what the attorney. Judge. And what the judge recommended when this went in front of the appeal court. So those changes have been made. This is just the reading of the ordinance. So again, it's ordinance 2026-03 and ordinance amending section one of chapter one entitled rates and charges of article two entitled waterworks of title five entitled public works transportation in the facilities of Lakeville Town Code. Whereas The town council, the town of Lakeville, Indiana, the town council has established rates and charges for the water department. And whereas pursuant to Indiana code, this council may change or adjust its existing schedule of fees by ordinance after providing notice and conducting a public hearing. And whereas Indiana code authorizes the town council to adopt by ordinance, non-discriminatory, reasonable and just rates and charges for water services rendered by the town's water department. And whereas the town council has determined that in the latest update to the established rates and charges for the water department ordinance number 2023-02 and 2023-07, related to the issuance of a bond for various water system improvement projects did not include an update to the bulk water rate. And whereas the town council finds that the exclusion of the bulk water rate from the updates to water department rates and charges established by ordinance number 2023-02 and 2023-07 was inadvertent, And the bulk water rate should have been raised at that time to keep pace with the metered rates and charges established then. And whereas ordinance number 202307 pursuant to a rate study preformed at the time by LWG municipal advisors, raised the metered water department rates and charges in two phases. The first, effective immediately, raised the metered water department rates and charges by approximately 93%. And the second phase raised the metered water department rates and charges by an additional approximate 12.1%, resulting in a total of increase from the pre-ordinance number 2023 of seven metered water department rates and charges by 116.4%. And whereas prior to the passage of ordinance number 202307, the bulk water rate was $8.62, which provided a small discount on the first tier of metered water usage rates, then $9.32 per 1000 gallons. After And after ordinance number 2023-07 to total effect, the bulk water rate provided a massive discount at every tier of metered water usage rates. And whereas the town council desires to correct the inadvertent oversight and raised the bulk water rate to a level that is more comparable with the metered water usage rates set by ordinance number 2023-07. And whereas if the bulk water rate were raised by the same percentage the metered Water rates were raised by ordinance number 20 2307 the increase would result in a bulk water rate of $18 and 65 cents per 1000 gallons. However, the town council believes such an increase would be too great a burden on customers of the water department. Whereas, therefore, in order to avoid burdening the customers of the water department with full increase of the bulk water rate at the same level as the metered water rates were raised by ordinance number 2023 of seven, the town council determines an increase of 23 to 24%. to $10.65 per 1000 gallons to be appropriate to raise the bulk water level to a level which remains a discount compared with the current metered water usage rates established by ordinances number 2023-02 and 2023-07. And whereas the clerk treasurer of the Town of Lakeville has given notice of public hearing on proposed changes of water rates pursuant to law. And whereas a public hearing was held before the town council, at which time testimony from interested persons was received after introduction of this ordinance and pursuant to law. And whereas the town council determines it necessary to make changes and amend the water rates and charges in the town in order to provide sufficient revenue for the actions described in Indiana Code 8-1.5-3.8-8. generally including but not limited to depreciation and adequate money for making extensions and replacements to the extent not provided for through depreciation for the waterworks. Now, therefore, it be ordained by the Town Council of the Town of Lakeville Section one of chapter one entitled rates and charges of article two entitled waterworks of title five entitled public works transportation facilities of the Lakefield town code be amended as followed. Attachment A, the schedule of rates and charges for the water services rendered by the water department of the town is hereby amended to reflect attached exhibit A. Section two, the town council finds that the rates and charges described on the attached exhibit A are just inequitable. Section 3, all previous rates and charges not amended as set out on the attached exhibit A shall remain in full force and effect. Section 4, this ordinance shall be in full force and effected after the date its passage and depublication as required by statute.

Okay, I also wanted to point out that there was another change in wording on here that the judge suggested. I can read Exhibit A. This one. Yeah, I would read this.

Exhibit A, Attachment A. Monthly water rates and charges. Quantity of water used per month. The rate to 1,000 gallons. So the first three gallons is 20... The first 3,000 gallons is $20.17. Next 8,000 gallons is $18.26. Next 19,000 gallons is $16.51. Next 30,000 gallons is $14.56. Next 60,000 gallons is $12.79. The next 120,000 gallons is $10.06. The minimum charge for water service where the user is a metered water consumer shall be based upon the meter size as followed. Meter size 5 eighths of an inch to 3 quarters of an inch. The charge is $63.03. One inch is $110.24. One and a quarter is $157.28. One and a half is $272.36. Two-inch is $359.34. Three-inch is $647.83. Four-inch is $1,057.69. And a six-inch is $1,499.04. Fire protection hydrant charges non-water use. Municipal fire protection charge per month per meter, $5.89. Municipal fire protection charge per district use of hydrant, $5.89. Private hydrants per hydrant per annum, $665.86. These charges do not relate to the amount of water used from hydrants. These charges are solely related to the repair and maintenance of hydrants and to the water system itself for the purpose of remaining available and functional for fire protection when necessary. Sprinkler connection. There's the size of connection versus the annual charge. Four inch is $296.27. Six inch, $665.86. Eight inch is $933.58. Bulk water sales. Bulk sales of water for a minimum 1,000 gallons and then each 1,000 gallons after that rounded up to the nearest 1,000 gallons. Bulk water sales, bulk water rates applied to water obtained from town fire hydrants only, which is unheated, is $10.65. Note regarding used... from town hydrants applies even if subsection below applies regarding charges. All water obtained from the town hydrants must be accounted for in town water audits. As such, all entities and businesses obtaining water from the town hydrants must submit a hydrant slip form available at the town hall to the town hall water department clerk Within 24 hours of using hydrants showing the amount of water obtained, failure to turn in such a slip shall be deemed consent by the user for the town water department to estimate the usage of water obtained from the user from the town's fire hydrants using the town's filter plant meters. With the exception of emergency services requiring use of hydrants for emergency situation, all other hydrant users, including emergency service in the context of non-emergency situations, must contact the Lakeville Water Department before using the hydrants. Non-charged for water used for fighting fires within town corporate limits. There shall be no charge for water used by emergency services for emergency situations located within the town corporate limits. This does not apply to water used by emergency services for emergency situations occurring outside of town corporate limits, which shall be subject to all applicable charges. Non-reoccurring charges, a tap charge. A tap charge shall be collected from each customer prior to the connection of the water system in an amount sufficient to reimburse the town for the labor material and overhead necessary for tapping the main installation of service from the main to property line, including the curb stop. and the cost of furnishing and installing a suitable water meter provided, however, that the minimum charge for a tap shall be $400. Request for special meter reading or for meter check is $10 if meter was read correctly the first time and or leak found in property plumbing. Service call, $30 per hour per man plus materials during business hours. $50 per hour per man plus materials during non-business hours. Curbstops, meters, distribution valves, and or hydrant tampering charge. $100 plus the cost of repair and labor. Collection and deferred payments charge. All bills for water service not paid within the 15 days from the billing date thereof as stated in such bills shall be subject to a collection or deferred payment charge of 10% on the amount due. Non-sufficient funds, $15 per return check. Meter deposits, residential connection, owner-occupied or tenant-occupied $200 user minimum, non-residential and commercial connections, an amount equal to three times the minimum monthly charge per meter size and user minimum.

That's it. So that was right. And I will repeat that that was actually the suggestion in which the judge told us that we should change house rules.

SO TONIGHT IS JUST THE READING. THE HEARING FOR THAT IS ON SEPTEMBER 1ST.

NEW SPEAKER 1ST.

NEW SPEAKER 1ST. NEW SPEAKER 1ST.

NEW SPEAKER 1ST. NEW SPEAKER 1ST. NEW SPEAKER 1ST. NEW SPEAKER 1ST. NEW SPEAKER 1ST. NEW SPEAKER 1ST.

NEW SPEAKER 1ST. NEW SPEAKER 1ST.

NEW SPEAKER 1ST.

We'll vote on that in just a minute. Anything else? I would like to ask for a motion to move September 1st

Because we have moved it anyways to the first holiday.

Yeah, the Labor Day holiday. So I would like to ask for a motion to move that to Tuesday, September 8th for our regular meeting. All those in favor? So be it. All right. Joe, do you have anything between now and the next meeting? No. Patrick, do you have anything between now and the next meeting? RDC, anything between now and the next meeting?

No updates tonight. What a session. EDC.

Fire chief. So just updates. We're not making decisions.

The territory board asked me to give a proposal to upgrade the town truck. So I did get those proposals. I DIDN'T GET THEM OUT, BUT I GOT A COMPANY TO GIVE BACK A PROPOSAL TO REFAB THE TRUCK. OKAY.

THANK YOU.

YOU GUYS CAN LOOK IT OVER AND SEE WHAT YOU WANT TO DO WITH THE TOWN TRUCK. BUT THERE IS A MEETING MONDAY AT 6 PM FOR THE TERRITORY MEETING. Did you know there was a meeting Monday?

Okay. All right. Thank you. Anything else at the moment?

Can I get a copy of that new water ordinance?

Yeah.

It'll be publicized. Yeah, once it's publicized.

Yeah, if you want to stop in, we can get you a copy of that. All right. Anything else? No. I have a few things to go over. We are going to start with, I was sitting outside yesterday on the phone waiting to come in. And Danny, this is maybe between you and Patrick. Did we ever, we never did anything with that awning that we were talking about. Well, the what? The awning.

Oh, on that? Above the door in the deposit box. You're talking about?

No, I'm talking about our town hall. I'm just sitting there looking. So there's two things. don't know if we still have if we can get a new quote for an awning over that and to do another one of those um like boxes with the key with the glass to put announcements in so cindy's windows not blocked every day so can you guys look at that and figure out when you come up with things so there's that um tomorrow there will be an appointment of a new clerk um I don't know exactly what her first day will be. I did send her a message earlier letting her know she could stop in during the business hours next week to fill out the paperwork and kind of get to know the office, and hopefully with a first start date of the following Monday, because that'd be the beginning of the pay period. Yes. So she's not sworn in yet, but the announcement has been made by Jackie Horvath, the head of the Republican Party, and she is appointing Nicole Carr. So she will be sworn in tomorrow by county. So there's that. Now I'm gonna get into something a little more personal here. I'm going to read this and I will give. I made this decision on Tuesday, August 18th. I will send this to the Union Lakeville Fire Territory Board, Union Township Trustee and the Town of Lakeville Town Council. Please accept this letter as my formal resignation from my position on the Union Lakeville Fire Territory Board effective August 18th, 2026. After careful consideration, I've decided that it is in my best interest to step down from my position on board. I appreciate the opportunity and have, I have had to serve the, I appreciate the opportunity I have had to serve the residents of the Town of Lakeville and Union Township and toward providing quality fire and emergency services to our community. I am grateful to the firefighters, emergency personnel, board members, and all others who dedicate their time and service to protecting our residents. I wish the Union Lakeville Fire Territory and its members continued success moving forward. So I will give one of these to Kelly, and I will give one of these to Brian so they are covered, and Jacqueline has her original copy. So I will get these passed out. With that being said, I just have a bunch of medical things going on, and I missed two meetings out of the four or five we've had this year, and it just, it's too much. So I had to clear my clip. Now, with that being said, this past Tuesday, we did have a meeting, and we all agreed, and we passed it. And this is the official letter that we all need to sign. There's a couple copies. Again, so we can give them to everybody. Appointment to the Union Lakeville Fire Territory Board. The Lakeville Town Council hereby appoints Dan Cassad to serve as the Town of Lakeville's representative on the Union Lakeville Fire Territory Board, filling the vacant seat on the board. This appointment shall be effective August 18th, 2026, and shall continue for the remainder of the applicable term, subject to the provisions governing appointments to the Union Lakeville Fire Territory Board, approved by the Lakeville Town Council on this 18th day of August 2026. So I need to submit first. That way I can hand this off to the correct people. What we are going to do with this is on our agendas, if you look where each department has a report, what I would like to do is to add fire territory above fire chief, so that way we can get an update on the territory. And the fire kind of coincide there, but that way we can get updates on our agenda as needed. AFTER MEETINGS.

DAN, THERE IS A MEETING ON MONDAY NIGHT AT 6 P.M. DAN, IF YOU COME OVER TO THE OFFICE, I'LL GIVE YOU A COPY.

I WILL GIVE YOU ONE OF THESE ALSO. THANK YOU FOR STEPPING UP AND HELPING OUT. I APPRECIATE IT. DAN KNOWS FIRE VERY, VERY WELL, AND HE KNOWS OUR WATER DEPARTMENT VERY, VERY WELL, AND I'm very happy with this decision.

Okay, so I gave you one of these, right?

Yes. Yes. You need to attest all of this.

SO, AGAIN, ON MONDAY, I WILL MAKE SURE I HAVE A COPY OF YOUR APPOINTMENT, YOUR APPOINTMENT STATUS. YOU'RE WELCOME. ON MONDAY, I WILL STOP IN AT THE BEGINNING OF THE FIRE TERRITORY BOARD JUST TO HAND COPIES TO THE TRUSTEE AND TO THE PRESIDENT OF THE TERRITORY BOARD. DOES ANYBODY HAVE ANYTHING ELSE TONIGHT?

I just want to say thanks, Ann, for setting up. Oh, Lori, Lori's really been struggling lately, and we are praying for you. Everybody in this room is praying for you. Next week. We appreciate what you've all done.

Thank you very much. Next week, just a public announcement, I am going to Cleveland Clinic on Tuesday. I do not know if I'll be back that same day or if I will be over there for further testing and surgery from there. So keep everybody updated when we go from there. If I come back home, everything around is normal. If not, April will be in charge for a little bit. She loves it. All right. Anything else? Thank you very much. I appreciate it. If not, then I'd like to ask for a motion to close this meeting at 6.24 p.m. No motion.

All those in favor?

All right. So be it. Bye-bye, everyone.