City of Bloomington, Indiana Utilities Service Board, 31 Aug 2020

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From YouTube: Bloomington Utilities Service Board, August 31, 2020

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meeting agenda: https://bloomington.in.gov/onboard/meetingFiles/download?meetingFile_id=7509

A

um Then uh it's five o'clock, I'm going to.

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Call to order this august 31st meeting of the utility service board.

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And um uh before we get into our main agenda, we do need to amend the agenda.

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About to amend the agenda because we've got an additional.

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Item added as item 5a, which is a request for approval of a mou.

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For the titchener demolition, um and so are there any.

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Questions before we address this, okay, then, is there a motion to amend our.

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Agenda to include this additional item.

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Is there a second.

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Second, okay, all in favor of amending the agenda.

B

Latrina, can you call the role yes, roberts.

B

I kepler I vernon.

B

Yes, sherman, yes, prime minister, yes, okay,.

A

uh So our amanda is agenda. Our agenda is amended.

A

Oh man, this has been a day. Okay, so um first we need to approve the.

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Minutes from our last meeting are there any questions or.

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Amendments to the minutes saying none is there a motion to approve.

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The minute, second, all right and latrina, can you.

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Please call the roll.

B

Katrina, yes,.

B

Yes, robert hi kapler, yes, sherman.

C

Yes, okay minutes are approved next up approval of the claims we have.

A

uh Standard invoices in the amount of four hundred and seventy four thousand.

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Six hundred and sixty six dollars and twenty nine cents.

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uh Are there any questions or uh comments.

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Seeing none is there a motion to approve standard invoices.

C

D

Second, all right: latrina, can you please call the roll.

B

Sherman sorry sherman, yes, kepler.

B

Yes, parliamenter, yes, burnham, yes, roberts.

B

Yes, all right, thank you. um Next up are utility bills in the.

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Amount of twenty eight thousand four hundred and twenty three dollars and ninety seven cents, any questions comments see none. Is there a motion to approve.

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Utilization, second, all right and like trainer call.

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The role please vernon, yes, kepler.

B

Yes, parliamentar, yes, roberts, yes, sherman! Yes,.

A

All right, those are approved next up are wire transfers in the amount of three.

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Hundred and sixty thousand five hundred ninety dollars and 63 cents.

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Any questions on wire transfers see none. Is there a motion to approve.

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Warrior transfers so move. Second, all right and latrina.

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Prom answer: yes: roberts! Yes, sherman! Yes,.

B

Vernon, yes, kepler! Yes, all right! Next.

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Up uh customer refunds in the amount of 521.97.

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Any questions about customer refunds see none. Is there a motion to approve.

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The refunds second and latrina.

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Roberts yeah vernon, yes, parmenter,.

B

Yes, sherman, yes, kepler, yes, okay, customer refunds are.

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Approved and next up, we have the approval of the.

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Consent agenda and I'll turn this over to vic.

E

Sorry I lost it okay, uh good evening, everyone.

E

I'm happy to present the consent agenda, which is in.

E

Total 13 927.36 uh the first is to peach tree incorporate.

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Peace tree incorporated 6731.36 for installation of a fuel over fill.

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Alarm and replacement of cathode tube in the fuel tank at dillman and then the.

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Second, contract is the indiana door and hardware for seven thousand one hundred.

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Ninety six dollars for installation of the locking crash.

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Bar on the customer service doors at the service center.

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Does any board member wish to take any of these items up separately.

E

uh Hearing none if there's no opposition, the.

E

Consent agenda will be approved, as recommended by staff.

E

Hearing no opposition, the consent agenda is approved. Thank you.

A

Thank you, vic all right now we have the uh item that was added to our agenda.

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The request for approval of a memorandum of.

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Understanding for the titchener demolition- and I will turn this over to.

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Chris wheeler, to tell us about it. Thank you. This is chris wheeler with.

F

City, legal- and um this has actually been a.

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Situation that dates back at least as far as 2008.

F

um With a house that was built on city of bloomington property out at.

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Lake lemon the house is abandoned and severely.

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Dilapidated now, um as far back as 2008 city of.

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Bloomington utilities had agreed that the owner of the house should.

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Demolish it and remove it, but that.

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Effort never transpired.

F

Today, somebody else is buying the property.

F

Or a property next door, I'm not! I can't recall the exact facts. Bottom line is.

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That this house is an obstruction to their view of the lake.

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And the folks that are purchasing this property.

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Are willing to demolish this structure? That's on.

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City of bloomington utilities property, so it solves our problem.

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uh At no cost to the city they're willing to incur the.

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Expense to improve their own property values and their sight lines to the lake.

F

So the memorandum of understanding spells out that they would be given the.

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Opportunity to come on to our property for the sole.

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And only purpose of demolishing and removing the structure, that's what the.

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Memorandum outlines there is a right of entry, then that.

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Would be signed that does grant them the actual legal right to enter upon the property. For the purpose of demolishing this.

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Structure and then there are two separate.

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Documents that are being signed by the uh husband and wife who own this property.

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That is a waiver and a release, so that should anybody.

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uh In the effort to demolish this structure, get injured that.

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uh It's there they're the ones doing this.

F

And it's not going to be in it a um a liability issue for the city.

F

So those are the four documents that are presented, the reason it came at us so.

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Quickly, at the very last second, this evening is.

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That I did not anticipate that these uh nice folks would be.

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Signing all of this documentation and getting it back to us in time for.

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Tonight they are set to close on the property.

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um And if we had to wait for two more weeks, it could mess up.

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Their opportunity to get the property closed, timely.

F

And I I didn't want to lose this chance for the city, and so I was.

F

I'm glad that you're indulging us to bring this to you at such a late.

F

uh Hour of the day, so staff recommends approval of this agreement. The mou.

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The rights of entry and um I'm happy to answer questions as best. I.

F

Can thank you, jim um yeah chris. um You may not know.

C

Anything about the history of this, but I'm just wondering why.

C

Wasn't the property demolished after 2008 12 years ago.

F

Yeah, I don't know what happened. I have a letter from my predecessor to the.

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Property owner advising that the city has decided that they're not.

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Going to do anything to expec to share costs or take any action to.

F

Take that take down the structure themselves and are instructing the.

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Owner to do that on to do that, to get on to take the.

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Structure down so I have that letter, but that's all I have showing me the.

F

History, I don't I couldn't find. I was trying to.

F

Find something in the last couple of minutes here before this meeting started that would suggest that there might have been some resolution passed by the board. I.

F

Couldn't find that yet um so this may have already.

F

Been addressed once before, but it would have been with different people. So the reason why I'm still bringing it back to the board tonight.

F

It's appropriate because now we're dealing with john and marta titchener when we weren't dealing with them in the in the past.

F

So um I don't know why things never got to the point where the property.

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Where the house was ever actually taken down.

F

But I think it's one of those things where.

F

You know we're a utility gym. We work on water and waste water and storm water.

F

And we're not really stewards of a lake very good we. This is.

F

Not really something that a utility is designed to do is to be stewards of property around a lake and a lake itself. So.

F

It's removed from our site and out of our mind, and I think that it's just easy.

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For people to not pay attention to what's going on out there and that might.

F

Be the best explanation we have so you might have been more activist.

C

If something like this arose now you might be I'm sorry, you might be more.

C

Activist, if something like this arose today,.

F

Well, we have another example of this going on on the other side of the lake.

F

And we are being more active and progressive about it right.

F

Now so I would say my answer at the moment is yes, thank you.

A

um Megan, um forgive me if this is a poor question.

D

But you mentioned that they approached us about this.

D

Correct and um the their reasoning is because it's.

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Encroaching on their view, if we would happen to build a structure.

D

There or something one day, um you know, I guess, because of their.

D

Reasoning wanting to take it down, there's there's nothing that says that.

D

We can't build whatever we want to there later.

F

It's not a poor question at all. No, that's not really. What's going.

F

On here it's the the building is, is severely dilapidated and it's been.

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It's been to my knowledge vacant for a very long time.

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uh And just uh it's an abandoned property, that's gone into great.

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Disrepair if we had decided to build a utility.

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Structure on our property that, for whatever reason, was being.

F

I don't know for whatever reason we wanted to put something out there. That would be our right and there isn't anything that would prove prevent us from being able to put that structure there. That's that's.

F

Our right to do that. Thank you. Other questions.

A

um I actually have a quick one, so this dilapidated structure is it.

A

Legally considered to be abandoned, um there's nothing yeah, there's nothing in.

F

There there's I mean, there's no yeah, it's been vacant for a very long.

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Time so by if you were looking at unsafe law for.

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Example, um this by definition, is an abandoned.

F

Structure: okay, all right very good.

A

So- and I noticed that jason just joined us, hi jason.

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So jason we were just addressing an additional.

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Item that was added to the agenda and we had some some papers sent out.

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It's requesting approval for a memorandum of understanding for.

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Kitchener demolition of an abandoned structure.

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um So I didn't know if you had any questions for chris.

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Because we're at the point of looking at a motion for this.

G

You know, I don't think so materials when, when they came through this afternoon.

G

And unless I missed something in the discussion, it looked pretty straightforward.

A

Yeah, okay! Well, uh if there are no further questions for chris, then.

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Is there a motion to approve this mou, don't move? Second, all right and latrina.

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Can you please call the roll farm answer? Yes, sherman.

B

Yes, bannock, yes, kepler, yes, roberts.

B

Yes burden, yes, okay, this is approved. Thank you.

A

um Now, before we go on before we go on to old business, I wanted to remind the.

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Public that, if you're watching our facebook live feed that, if you have any public comment,.

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You would like to give you can do that by entering that in the.

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Comments section and then holly will read that.

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Publicly in our meeting so please uh think about if you would like to make.

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Public comment a little later on in the meeting all right. So next we have. uh Is there any.

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Old business from the board, any old business from staff, no.

A

Okay, any new business from the board and new business from staff.

B

None all right, I believe we have one subcommittee report from the rules.

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And regulation subcommittee is that correct.

E

uh No, they meet tomorrow, oh their meeting tomorrow. Okay,.

A

um Then there are no subcommittee reports.

A

um uh What about staff reports? I've just got three.

E

Short things, the first one is, I can't I on behalf of.

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All the staff I'd like to say how nice it is to see julie's face.

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Back on zoom, hey.

A

We're glad to have you here.

E

We presented our budget to the city council.

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During budget hearings on the 20th of august.

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And it went well, we received the straw vote recommendation of eight.

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To nothing, there was one member who didn't vote and.

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uh So uh we've gotten through that much of it.

E

And we'll continue finalizing numbers and getting ready for the next uh phase of the budget process. um The other thing is that we continue.

E

Sampling at the wastewater treatment plants.

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And uh work for sars cov2.

E

And uh we're starting to get some results, but so far.

E

uh We've had uh non-detects or very close to non-detects.

E

In the early in the early samples, so james has been managing that. So if.

E

Anybody has any questions about that. James is the guy to ask.

A

Oh julie, yeah, I haven't heard anything about this.

H

I didn't realize that it could be floating around in the waste.

H

Water, after we're done processing it so james, could you elaborate a little bit.

H

I

Yeah, um so rna of the of the virus is kind of left. The virus may break down.

I

But the rna is still left in the wastewater in the fecal matter, and so we we can test through that way and so we're.

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Testing rna um and we're kind of seeing gene.

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Copies per uh volume, and so we've been doing that.

I

And we actually just got in some stuff, and so I'm updating.

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um A spreadsheet that we have, we have eight sampling sites around the city.

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The east wastewater plant and then six additional sites and so.

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um And as vic said, most of them are um less than the detection limit that there.

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Are some that are showing higher, um uh specifically around student.

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Housing apartments and things of that nature.

H

So the testing sites are before it gets to the plant.

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Six of them are, and then two of them are at the influence of the wastewater.

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Treatment plants, and so if it's just the rna, that's left.

H

Over, even if it gets through the the.

H

Treatment system and it gets back out into the water- that's not a way that.

H

People can get it right, okay, correct, no, and even when.

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You're testing that um the virus isn't transmitted or being.

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Able to be transmitted through the the wastewater at that point. It's it's.

I

A

Any down questions all right. Oh I see uh jason, it's not really a.

G

Question but uh vic I just wanted to issue thanks.

G

To you and your staff for the water main break that they addressed.

G

On the north side yesterday I was out walking early sunday morning and saw a.

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River uh running down the streets and I'm not.

G

Sure, if anyone called it in before me, which was a little before eight o'clock,.

G

But uh they were out there pretty swiftly and worked on it all day.

G

And I saw them kind of finishing up on things today, so.

G

Thank you for that quick action thanks so much.

A

Jim is this time for comments? I don't have anything just to.

J

A

um Did you have any other staff report nope? That's all. I have okay.

A

Then I guess we are in comments. Okay, well, um just a couple things, one.

J

Thing that I wanted to mention with my friend jason is.

J

As we move forward the board, I should say we'll have a lot more conversation.

J

To do with infrastructures and pipes and breaks and that sort of thing.

J

um And I'm glad to hear of a great response, and that is another.

J

Conversation um for another day with with regard to.

J

Our infrastructure and our piping throughout the city um vic mentioned.

J

That at the city council presentation there was eight to zero.

J

And one person wasn't there or one person didn't vote.

J

He said um I was a person that didn't vote for that.

J

um I I'm sorry, I know it was a bad joke. I'm looking on faces and.

J

You guys cannot believe that that is not true is my wicked sense of humor.

J

um One person was not there that night, but my comment is: I really want to thank.

J

Vic and his staff for doing a stellar presentation, um I've been on the board for a while.

J

Now, as a liaison and I'm getting used to that, um so I.

J

Would have expected no less, but I just want to give kudos to vic and.

J

His staff for a wonderful presentation- um hopefully we can pass it in another.

J

Month or so, thank you so much thanks. Yeah.

E

It's all because laura and brad and the whole team.

E

Are putting all that together? Well, I was going to say that, but I thought I'd.

J

Probably ought to acknowledge you as well. Thank you.

A

All right uh and holly are there any public comments coming in on facebook.

A

Live, um yes, we do have one uh citizen.

K

Who is curious? Why this? Why the city, why cbu isn't taking care.

K

Of the building um at lake lemon, since it's on our.

K

Property, as opposed to these citizens taking care of the.

K

Building, that's on our property, oh um and I turned that over to chris.

A

Orvik or vic the building was, it was constructed illegally.

F

It's not our building. It was built there by somebody else without permission.

F

And it was determined to be a trespass, and the city had asked the.

F

Previous owner, who was the one who put the building.

F

There in the first place to have it removed again, I don't know the history that happened.

F

Between getting them asking them to remove.

F

Their encroachment and now, but here we are now and.

F

We are fortunate that somebody else is willing to remove that building. That was.

F

Originally put there through a trespass and an encroachment.

A

And so it's my understanding that the building itself.

A

Isn't necessarily a detriment to cbu and our functions.

A

It's not in the way of anything that you know we, we would have a motivation to.

A

Tear it down it's just taking up space on our property correct, so we don't really have any.

A

Motivation to do anything about it.

A

Currently, do we no, I would agree with that.

F

It, I think, would be um a misuse of the ratepayers funds.

F

That they're, paying in to these utilities to be out there removing.

F

Somebody else's tran uh transgressions and indiscretions okay.

G

Gene can I make a comment on that sure. Thank you. Jason.

G

So just want to tell you that it's been some time ago um and maybe not even.

G

Part of this administration, but the property and planning subcommittee.

G

Looked at this at one point that we have actually lots of these encroachments.

G

Around lake lemon and I'm not sure that we ever did any.

G

Follow up on that between administrations or not. But it might be something that we should revisit at some point because to chris's.

G

Point, um you know these structures have been.

G

um You know illegally constructed on cbu.

G

Property and so either we should, you know, make.

G

Them go away or we should be collecting some kind of fee for them.

G

To encroach so would entertain looking at.

G

This more in the future, if the administration wants to do so yeah so ordinarily, when you're, when you.

F

Buy property that sits next to a waterway.

F

Generally, the laws of real estate would have you owning right up to and.

F

Oftentimes into the waterway, so if you, if you buy.

F

Property, next to a river, generally speaking, you own to the middle.

F

Of that river or creek, you don't own to the edge.

F

You own to the middle and then, when you buy next to a lake generally.

F

Speaking you own up to the edge of the water.

F

Sometimes, actually out into the water, depending on.

F

The type of waterway in this situation, however, it's a man-made lake.

F

Lake lemon was created for the purpose of.

F

Retention of water, in the case that the city needing to use.

F

Water that that lake was constructed on a meets and.

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Bounds legal description that defines the.

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Property that the city owns and within the property that the city.

F

Owns sits a lake when people buy property.

F

Around this lake, they only own up to the edge of cbu's.

F

Property line not down to the water's edge, but people.

F

Thinking they understand riparian rights, which is what they're called.

F

Mistakenly start to build things up to the water's edge.

F

Which happens to be our property, so it's understandable.

F

How these things happen, but there again I will say.

F

We're a utility that doesn't have a presence out at lake lemon right now. We.

F

Don't we don't police that area and these.

F

Things happen without our knowledge, often in fact always so we end up having to deal with these things.

F

After they've been constructed so chris building a walkway from someone's house.

C

To where they could tie a boat up next to it is actually.

C

Encroachment building a walkway onto our property to get to the lake is an.

F

Encroachment and walking across our property to get to.

F

The lake is trespass wow.

C

Okay, that's the hornet's nest, you're supposed to go use the.

F

Access points where they can put their boats in and go float around the water.

F

But everybody treats it like it's just a man-made lake and that they own up to.

F

The water's edge, so it's a real mess. There are lots of.

F

These are around the lake and it's probably a good argument for you.

F

Know why utilities shouldn't be in the business of being lake.

F

Managers so again I'll reiterate that if I I.

G

Would I would entertain property and planning looking at this, because I mean not only in my mind: is this an.

G

Issue of of fairness and riparian rights, but it's.

G

Also uh likely a liability issue for the utility, um and so you know you know if you're going to.

G

Build a walkway, you know, maybe we'll say. Yes if we approve the plan.

G

And they pay a fee and they sign a waiver. You know or something like that.

G

But we ought to get some kind of management protocol uh in place to to address this um in a.

G

Uniform manner around the lake, if you, if you just go on the monroe county gis.

G

You can see um now the gis is not always accurate, but it's a great great.

G

Quick reference: you can look at how the property line of what the city owns.

G

Goes near the houses and what chris is saying is 100.

G

Correct I mean I can see where that mistake is made, but you know that's the.

G

Property owner's responsibility to figure that out before they build anything well, thank you, and, and so there are some.

A

Issues we may want to look at in the future as a board.

A

uh Holly were there any other public comments.

K

No further questions or comments okay. Well um then, I would entertain a motion.

A

To adjourn, oh I'm sorry, julie did you have something.

A

A

Okay, so we are doubly adjourned. Thank you.

L

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