Continuously serving Kosciusko County since 1854
MILFORD - Town of Milford attorney Jay Rigdon said unlike his usual report, he had several matters for the council’s attention at Monday’s meeting.
The first topic was data centers. He said at a previous meeting he was asked to investigate whether the council could ban data centers in the town of Milford. He said the communities that have banned data centers have their own plan commissions and since Milford doesn’t have its own plan commission, the town would have to get the county to pass an ordinance.
Rigdon said right now, the way the county’s zoning ordinance reads, data centers would require an exceptional use, which would require approval, but not an automatic ban. He said if a request was made regarding a data center, they would seek Milford’s opinion.
Councilman Ken Long asked if they could pass a moratorium and Rigdon said no.
“So, we are at the mercy of the county for any zoning issues?” Long asked. Rigdon said that was correct.
The second matter was an update on trail litigation and condemnation. He said USI Consulting worked on that project and on purchase offers, but one landowner was not willing to sell so they filed suit for condemnation. The affected party has to object, and he reportedly made no objection. So now the town has to obtain three appraisals and if the town puts in the money that the appraiser determined the property is worth, it becomes town property.
Rigdon said he was having a hard time finding appraisers. One had to be a land owner in the county and the other two certified appraisers — one within 50 miles. Finally, two weeks ago he found all three so he’s hoping they’ll have appraisal numbers by the end of the month. The next step is for them to pay the amount the appraisals determine.
“This is not moving as quickly as I’d like but I had a real hard time finding appraisers,” he said.
The third issue was the Miller Quonset hut on Syracuse Street. He said he had an affidavit he was leaving with the clerk to have the building commissioner sign it and hopefully they’ll get an order to demolish the property.
Councilman Jim Smiley asked about other properties, but Rigdon said he can’t move forward until a building inspector determines whether or not they’ve completed the work.
Council President Doug Ruch said, “If there are any building inspectors out there, we’d like to hire them to do some work for us.”
Water Treatment Plant Project
Ryan LaReau, of Commonwealth Engineers, brought a couple of items to the council. The first was a pay application for the water treatment plant for $60,584.22. The council approved paying the invoice.
He also had change order #3 containing four items for the council’s approval, including installing a new hydrant system on the side of the treatment plant, which would benefit establishing and setting up the plant and giving them another point of flushing. They also want to add a sample tap inside the water treatment plant, making the task of testing raw samples easier.
The change order also includes replacing VFDs (Variable Frequency Drivers) located within a wall that they want to demolish. LaReau said the VFDs are pushing 10 years old and by replacing them now they will be able to demolish the wall and place the VFDs in a better location.
The fourth item is a deduction of $20,580 for the cost of exterior paint. LaReau explained that change order number one added exterior paint but moisture kept getting in so R Yoder went to their brick supplier and, while they couldn’t determine for sure the issue was with the bricks, they also couldn’t rule it out so the brick supplier offered to pay the cost of the paint.
LaRue said the total cost of the change order is $39,715. LaRue said the change order also adds 56 calendar days to the project because of the scheduling of the VFDs and he said that would be the last thing they’ll do.
He reminded the council they have $150,000 in contingency funds and the cost of the change order would come from those funds.
Ruch asked if the additional days would be an issue with the State Revolving Fund loan and LaReau said it would not. The council approved the change order.
General Liability Insurance
Peter Shepherd and Mark Hall, from W.R. Hall, were present to talk about the renewal of the town’s general liability insurance. Shepherd said compared to last year, the rates increased 6%, an additional $4,000, compared to the market, which is about a 10 to 15% increase over last year.
Clerk-Treasurer Tricia Gall said they went through the policy with a fine-tooth comb to make sure they’re not missing anything.
Shepherd said he added some notes for the council to consider regarding things they should talk about regarding AI.
The council approved renewing the insurance.
Streets and Parks
Utility Superintendent Steve Marquart reminded residents that the fall clean-up is Sept. 24-26 and more details and flyers will be available in the clerk's office in the near future.
He brought a request from DLZ, the general contractor for the new post office. They want to block parking spaces on West Emeline Street to put a storage construction container on the south side of the demolition area. They’ll be there about four to five months.
Long asked about snow plowing and Marquart said they’ll plow around it. Long amended the motion, allowing it as long as Marquart works with them regarding the placement of the container to ensure that it’s back far enough from the intersection.
Marquart reported the cleaning and inspection of the water tower is completed and the paint may last another three to four years.
He also asked for and received permission to purchase a 2016 Kawasaki 4010 Mule side-by-side utility vehicle for the parks department. Lake City Honda quoted with and without a three-year service contract. The council approved the purchase without a service contract for $7,361.72.
In other business, the council:
• Approved having the town pay the cost of the school resource officer while the contract with the school is in the works, not to exceed 90 days.
• Approved paying Commonwealth Engineer’s invoice for $34,377.96.
• Approved an amendment to the salary ordinance. The change was an additional 50 cents per hour for Todd Haines as he passed a test for pesticide application, which he can now do under Marquart’s supervision.
• Approved having Goshen Fiber Network at the water filtration plant for a set-up cost of $1,299 and a monthly fee of $270 for a three-year term.
• Declared as excess a generator and two transformers and will have Metzger Auction sell them.
• Heard the Milford Lions Club’s first fish fry is Saturday, Aug. 15 at Mr. Rooters from 11 a.m. to 4 p.m. It is carry-out only. Enter off of Ind. 15. Seven-piece fish is $15, four-piece fish is $10. There’ll also be baked beans side dish. Pre-sale tickets are available and will be available at Food Truck Friday this Friday. Proceeds will support the Milford Lions Club Christmas party and the Milford Lions Festival.
