Town Council Minutes - 01-14-02

Robert Majdak called the meeting to order at 6:30 p.m.

A motion was made by Robert Majdak to approve the minutes for December 17th, 2001with corrections. The motion was seconded by Greg Baumgartner and upon a vote was approved unanimously.

• Nomination of President for the year 2002. Council member Greg Baumgartner nominated Robert Majdak for President Max Miller second the nomination Robert Majdak accepted and motion was carried with a voice vote. Robert Majdak nominated Max Miller as Annual Board of Finance President Greg Baumgartner second the nomination Mr. Miller accepted and motion was carried with a voice vote.

• The following Positions & Outside Professional Services were approved unanimously for 2002:

• Keith Hathaway - Marshal
• Ben Eldridge - Wastewater Superintendent
• Ronald Chupp - Water Superintendent
• Abe Beachy - Maintenance Director
• F.M. Teal - Liability Insurance
• R.J. Reece - Medical Insurance
• Yoder, Ainlay, Ulmer & Buckingham, LLP - Attorney
• Wightman Petrie, Inc. - Engineers
• Max Miller - Annual Board of Finance President
• The Goshen News - Paper Publishing Agency
• Lee Nisley - Park Board President
• H.J. Umbaugh & Assoc. - Financial Advisors
• Farm Bureau Credit Union - Depository

• Mike Stump representing Forest River presented a proposal for a change in the PUD for the building site on S.R. 13. After talking to the County Zoning Board Mr. Stump was advised to bring the change to the PUD to the Town Council for approval. The Proposal asked that the Town give permission for the sewer connections that were to run into the north end of the building is changed to run under the building to the east side into the bathrooms. Council member Max Miller was concerned about the lines running under the building and asked if the Town would be responsible for any problems to the lines after the Town took over the infrastructure? Mr. Stump answered “No” that special piping will be used and that Forest River would take all responsibility if a problem arises. The Council suggested that an agreement be drawn up between Forest River and the Town of Millersburg. Clerk/Treasurer Wanda Chupp and Mike Stump are to discuss and prepare the agreement. Council President Robert Majdak asked Mr. Stump where would the fireplug be installed? Mr. Stump responded that it would be connected on the north end of the line. After much discussion the Council approved the change.
• Paul Miller owner of Rock Homes and developer for the Roger Heights 6th addition presented a Plat for approval. Mr. Bill Dutton representing Wightman Petrie informed the Council that the Plat is the layout of the subdivision. The signing of the Plat would give Mr. Miller the approval of the Town concerning the water and sewer hookups and allow Mr. Miller to start building homes. Council member Greg Baumgartner suggested that Council President Robert Majdak speak with County Zoning person Mark Kanney before signing the Plat. After much discussion the Council suggested that Mr. Miller get a maintenance bond and bring it to the Town Hall on Friday January 18th, 2002. An agreement will be drawn up on Tuesday January 15th, 2002 stating that Mr. Miller will get a utility maintenance bond.
• Other issues discussed were:

a) Moving of the hydrant that is too close to the new road Mr. Bill Dutton from Wightman Petrie Engineering presented the Council with a quote for moving the hydrant see attached quote. The Town of Millersburg will furnish the fire hydrant assembly at a cost of approximately $1,200.00 and Mr. Miller will pay the tap-in cost at approximately $1,000.00. Both parties agreed to pay their portion. There will also be excavating labor involved. Mr. Bill Dutton recommended that the Town put in a wet-tap before moving the hydrant as it would prevent shutting down the water on Larimer street and any need for bacteria testing. Council President Robert Majdak suggested that Mr. Dutton and Superintendent Chupp chose the contractor to do the excavating as the contractor would be bonded and held responsible if any damage was done to the new street. The Council agreed that the Town of Millersburg would be billed and then the Town of Millersburg would bill Mr. Miller for the excavating cost.
b) Mr. Miller had bought a valve and was told he’d be reimbursed for said valve. The Council agreed.
c) Mr. Miller needs to finish the hard surface on Blessing street. It was suggested that Mr. Miller get a maintenance bond on the street work.
d) Water Superintendent Ronald Chupp informed the Council that there needs to be a (5) or (6) foot covering over the water main before the Plat is signed. At this time it has not been done.

• Mr. & Mrs. Wortinger residents at 12576 C.R. 42 was present to update the Council on the sewer connection request made at the last meeting. Mr. Wortinger had talked to Burt Slabaugh from the Elkhart County Health Department and he suggested that Mr. Wortinger asked the Town of Millersburg to run sewer lines to his property as he is within the 300 feet requirement for Town sewer hookup. Mr. Wortinger’s property is outside the town limits. Wastewater Superintendent Ben Eldridge reported that he had Beer & Slabaugh give him a quote for the extension. The quote was for $15,180.00. The Council asked that Mr. Wortinger acquire a quote for a septic system and report back to the Council. Mr. Eldridge suggested that Mr. Wortinger could hook on to the system if he would pay the cost quoted by Beer & Slabaugh. Mr. Wortinger said that he believed he could put in a septic system at a cheaper cost. Mr. Bill Dutton from Wightman Petrie advised the Council that it would not be cost effective for the Town of Millersburg to run sewer lines as only one other customer lives in the area and was not interested in hooking on to the sewer system. Mr. Wortinger asked that the Council write a letter to the Health Department stating that the Town of Millersburg can not afford to incur the cost of extending the sewer system at this time. The Council agreed that the letter could be written once Mr. Wortinger gets a quote for a septic system and finds it is cheaper than hooking up to the Town of Millersburg system.

I. Park
• Park Maintenance person Kurt Kritzman would like to let the public know that there will be a Friends of the Park meeting on January 29th, 2002 at 7:00 p.m. at the Town Hall and the public is invited. A letter will be mailed to area residents. Residents are encouraged to attend and gave suggestions on the future of the Park.
• Mr. Kritzman also informed the Council that new equipment has arrived for Eagle Park and will be installed as weather permits.

II. Water Superintendent
• Monthly Report-See attached
• Discussion of wellhead protection. Superintendent Ronald Chupp informed the Council that he has enough people for the wellhead protection program committee and would like to set up the first meeting. The meeting was set for Thursday January 24, 2002 at 7:00 p.m. at the Town Hall. Clerk/Treasurer Chupp is to inform the (9) people on the committee. The committee people are:

1. Mr. Phifer - Wightman Petrie Environmental
2. Robert Majdak - Council President
3. Greg Baumgartner - Council member
4. Max Miller - Council member
5. Ronald Chupp - Water Superintendent
6. Ben Eldridge - Wastewater Superintendent
7. Abe Beachy - Maintenance Director
8. Abe Schlabach - Clinton Township Fire Chief
9. Kurt Kritzman - Resident

The following are issues Superintendent Chupp would like to address at the first meeting:

a) Any underground storage tanks at Carriage, Inc.
b) Fencing for the wells
c) Chemical hauling by Helena at the railroad tracks.
d) Familiarize each person on the committee with emergency procedures.
e) Correction on mapping of lines.
f) Write up for IDEM on progress of wellhead protection plan.
g) Extended costs.

• Quote from Miller Excavating for the Forest River hydrant move See attached. The Town of Millersburg agreed to pay for the hydrant to be moved @ a cost of $1,904.65.
• Discuss Blessing Street hydrant move. See above discussion Paul Miller.
• Present Ordinance 2002-1 Water rate increase and announce date of public hearing. The Council approved for publication Ordinance 2002-1. Ordinance will be published on Friday January 18th, 2002 and public hearings were scheduled and posted as follow: January 28th, 2002 first and second readings, February 11th, 2002 third reading and adoption.
• Present Ordinance 2002-2 Comprehensive Program for Operation of Water Plant. The public hearings were scheduled as follow: January 28th, 2002 first and second readings, February 11th, 2002 third reading and adoption. The ordinance will be published within (30) days after adoption.

III. Wastewater Superintendent
• Monthly Report-See attached
• Report on accomplishments. See attached. Superintendent Eldridge informed the Council that his (6) month review would be coming up in February and asked if his salary could be increased? The Council agreed to look at reviewing Mr. Eldridge in February. Mr. Eldridge was not given the 3% raise on his first paycheck of the year 2002. The Clerk/Treasurer Wanda Chupp is to pay Mr. Eldridge his back pay and update the computer system to reflect a 3% raise in pay. The salary ordinance will also need to be updated.
• Superintendent Eldridge informed the Council that he will be starting classes for wastewater certification on Thursday January 31st, 2002 from 6:00 p.m. to 10:00 p.m. at Ivy Tech State College and has scheduled to take the test on May 9th, 2002. Superintendent Eldridge would like to know if his school time counted as personal time or work time? He also wanted to know if he should drive his vehicle and charge mileage or drive the town’s vehicle? The Council agreed that Superintendent Eldridge will be paid for his time to and from and time at school and could use a town vehicle.
• Superintendent Eldridge reported on the state of the wastewater plant as follows:

a) Facility is functioning as it should and the tests are where they need to be.
b) Capacity - IDEM will give the Town (3) warnings when the plant reaches capacity.
c) After consulting with Dave Denman from IDEM and Brad Clark Superintendent of Middlebury all three agree that a third reed bed is needed.
d) Drying beds could be used.
e) The Town does have a land application permit.
f) Use land or landfill to dispose of sludge. To dump on land cost $1,100.00 cost of testing. The landfill charges $26.00 per ton to dump.
g) The Town would need a vehicle to remove the sludge and needs removed on a weekly basis.
h) Could store sludge get a bin from Himco and then haul out.
i) After beds were cleaned should last from (6) to (10) years before needed done again.
j) One of many reasons the reed beds are so full is that Superintendent Brad Clark had to empty the digesters into the reed beds at least once and wasted from the day digester directly to the reed beds through out the winter in the year 2000/2001 due to the pipes freezing.

• Present Ordinance 2002-3 Wastewater rate increase and announce date of public hearing. The Council approved for publication Ordinance 2002-3. Ordinance will be published on Friday January 18th, 2002 and public hearings were scheduled and posted as follow: January 28th, 2002 first and second readings, February 11th, 2002 third reading and adoption.
• Present Ordinance 2002-4 Sewer Usage and operation plan. The public hearings were scheduled as follow: January 28th, 2002 first and second readings, February 11th, 2002 third reading and adoption. The ordinance will be published within (30) days after adoption.
• Superintendent Eldridge asked permission to take a personal day on Thursday January 17th, 2002. Council approved.

IV. Maintenance Director
• Monthly report-See attached
• Resident Vickie Archer asked the Council who decides when there is enough snow to plow? Council President Robert Majdak responded that the Maintenance Director makes that decision. President Majdak stated that he wasn’t sure how Mr. Beachy decides when there is enough snow to plow, but would talk to Mr. Beachy and decide what the guidelines should be to determine when there is enough snow to plow.

V. Marshal
• Monthly Stats: Yearly Stats: See attached report
• Proposal on what to do with old Police vehicles. Marshal Hathaway informed the Council that he recommended taking both the 90 and 93 Chevrolets to the LaGrange auction. The Council approved the recommendation.
• Marshal Hathaway presented the Council with the updated description on adding the custodian position to the Marshal’s Clerk position. The item will be discussed at the next meeting.
• The Marshal hosted (2) movie nights for the youth. On the December 27th movie night (4) children attended and Amanda Lewis won the door prize and on January 3rd (6) children and (1) Adult attended and Brandy Hammond won the door prize.
• The Police department received its radio license and it is good until the year 2012.
• Marshal Hathaway requested to attend a conference in South Carolina the week of January 21st, 2002. The trip will also be partially a vacation. The Marshal informed the Council that he would use his compensation time for the time he is working. The Council approved. President Majdak asked how he planned to cover the Town? Marshal Hathaway informed the Council that he had worked out a schedule with the Reserves , the State Police and the County Police.
• President asked the Marshal had he worked on the safe driving program? Marshal Hathaway answered that he wasn’t doing much with the program at the time, but would after he returned from the conference.

VI. Clerk/Treasurer
• Need signature on the document for the safe deposit box at Farm Bureau Credit Union. President Robert Majdak signed the document and a copy was returned the bank.

VII. New Business

Max Miller made the motion to pay bills. The motion was seconded by Robert Majdak and was carried by a voice vote.