Gosport Town Council members met twice in the month of February
Gosport Town Council members Marian McGee, Mike Miller and Ernie Arnold met twice in the month of February. Town attorney Terry English was also present at both regularly scheduled meetings, held in the Gosport Community Building.
Working in the absence of clerk-treasurer Don Hall, the board opened its Feb. 11 meeting with the Pledge of Allegiance, followed by separate 3-0 votes to approve the Jan. 28 meeting minutes and Feb. 11 bills to pay.
Town employee Troy Stallsmith reported that a water leak on a private service line extending north along Smith Road had been 95-percent corrected by a private contractor. In response, the council directed deputy clerk Wanda White to notify customers served by the water line via letter that they would be responsible for water usage resulting from the remaining “very small leak” and would be billed accordingly by the town until the line was fully repaired.
Acting on a motion from McGee, seconded by Miller, the council later voted 3-0 to approve a one-time water adjustment for the Rooney property.
Stallsmith also requested and received permission, 3-0, to purchase 10-tons of cold patch asphalt to repair potholes in town streets. This type of premixed asphalt can be used immediately without heating and is described as ideal for repairing larger holes in paved surfaces, without the need for special equipment.
Brian Rogers, Gosport Volunteer Fire Department Chief, provided the council with an update related to Owen County’s overall future communications plan. The radios currently utilized by the department will not operate properly in the county’s proposed communication plan and will need to be replaced at a cost of between $36,000 and $40,000. This would include the placement in service of 13 portable radios at a cost of $1,100 each, Rogers explained, as well as five mobile radios costing $2,000 each.
Rogers also reported eight sets of firefighting turnout gear will need to be replaced by the department by year’s end, at a total cost of $70,000. This type of gear is primarily designed to protect against burn injuries and heat stress and is composed of several layers, which include an outer shell, a moisture barrier and a thermal liner.
The council met again two weeks later, on Feb. 25, with all three council members in attendance, along with town attorney English and clerk-treasurer Hall.
Following the recitation of the Pledge of Allegiance, the council cast separate 3-0 votes to approve the Feb. 11 meeting minutes and Feb. 25 bills to pay.
Moving on, the council addressed late notices and fees related to water and sewer billings, with the goal of having outstanding balances paid in full before a customer would have their water service reinstated.
Hall commented by laying out a scenario, which he said Town Hall encounters frequently.
“This happens regularly, where someone comes in and says, ‘I know the shutoff is on the 5th, but I get paid Friday morning on the 7th. Can I have those two [additional] days to get my payment in,’” Hall said. “We’ve always worked with people because this is a small town, not a big city. For the people who are being charged late fees, it starts out at $25, increases to $50 and then $75 if they continue to fail to make payment. They are paying a premium to have the water turned on and off.”
After a lengthy discussion, the council simplified the issue by agreeing that any outstanding late charges and related fees would need to be paid before a customer’s water service could be reinstated, though short grace periods could be permitted at the discretion of Hall and White.
“Whatever is owed should be satisfied before their water service is turned back on,” Miller explained.
In news related to the sewer department, Stallsmith reported that new spray nozzles to control foam are to be installed in the clarifier at the sewer plant. The council also directed English and Hall to review the operations contract with Bynum Fanyo Utilities to determine if the hauling of sludge from the plant is classified as “maintenance” under the town’s operations management agreement.
Currently, the town is being billed separately by Bynum Fanyo for the hauling of sludge.
“I am satisfied after looking at the agreement that Bynum Fanyo is responsible for hauling services,” English stated. “It doesn’t specifically address hauling, but it does say in the scope of services that they are to plan, assign and direct labor, materials and resources to maintain the town’s water distribution, wastewater collection and treatment facilities. I would say that that’s a part of the maintenance agreement.”
The town is currently operating on a five-year contract with Bynum Fanyo. The monthly cost of the operations contract is roughly $5,500. The contract expires in December of 2026.
Hall emphasized that he did not believe the scope of the contract’s services includes the costly hauling away of sludge.
“They are responsible for scheduling when it needs to be hauled away, but I don’t think they are responsible for physically hauling it away,” Hall said. “It’s thousands and thousands of dollars a year to haul away the sludge.”
English added, “Schedule B [of the contract] has a whole list of things that they are responsible for, but hauling is not one of them. You can infer that hauling is part of their maintenance responsibilities, but I don’t see anything separately [in the contract] about hauling. It says the $5,500 is for the full scope of services. It doesn’t say services, plus we can bill you separately for any additional hauling charges or anything else. If they are doing that, to my way of thinking that is outside of the scope of the contract.”
The council directed Hall and English to review the matter further before contacting Bynum Fanyo to discuss and clarify the overall terms of the contract.
“Contracts are made to be specific,” English responded. “You don’t draft contracts because you trust the other party. You draft contracts to be able to litigate before a judge who could decide as to exactly what the contract means. If there is ambiguity here, then we need to address the ambiguity.”
Council members also addressed ongoing issues related to a fire-damaged and dilapidated home at 122 W. North St. and voted 3-0 to approve the use of Gosport Town Park on April 19 for an Easter Egg Hunt, sponsored by the VFW Post 7850.
The Gosport Town Council will meet again on March 11 and March 25. Both meetings will begin at 7 p.m. in the Gosport Community Building, 301 N. Ninth St.
