(Milford)– After one motion was made and withdrawn and another motion failed for lack of a second, the Milford city council Monday evening took no action on a proposed agreement with the county that would have allowed for some improvements to the Lower Gar Outlet to proceed.
The stumbling block is over indemnification. City Attorney David Stein, Junior told the council the agreement stops short of the county defending and indemnifying the city should litigation occur as a result of changes made at the outlet.
After further discussion, councilman Mike Anderson made a motion directing the county to proceed with the project and to work out the language later. The motion was seconded by Todd Schillinger. However Anderson withdrew it after it was mentioned the council had acted on the same motion at an emergency meeting March 19th.
Another motion to approve the agreement with the language as presented died for lack of a second.
But several council members expressed a desire to get something hammered out. Councilman Keith Feller cited action that nearly taken last month by the U.S. Army Corps of Engineers that would have resulted in the removal of the road at the Lower Gar Outlet. He said the two additional culverts six inches above the weir would much better suit the city’s interests in that area.
Saying he also wants to get an agreement hammered out, David Gottsche, Chairman of the Dickinson county board of supervisors who was at Monday evening’s meeting, suggested a joint meeting be held later in the week to negotiate the language, with attorneys of both entities on hand. The council agreed. The joint session will be held at 6:30 p.m. Thursday at the Milford Community Building.
The county and city both have jurisdiction over the outlet and as a result both need to sign off on the project before any permits can be issued by the DNR and U.S. Army Corps of Engineers.
The county wants to do the work this fall when water levels are their lowest.
