Town Council Minutes - 04-22-02
Robert Majdak called the meeting to order at 6:30 p.m.
A motion was made by Robert Majdak to approve the minutes for April 8th, 2002. The motion was seconded by Greg Baumgartner and carried by a voice vote.
• Discuss the drainage problem at 219 Travis Court. Resident Brent Hochstetler was present and asked the Council what could the Town do to help solve the ongoing problem of the drainage ditch behind 219 Travis Court? Council President Robert Majdak informed the Council that he had reviewed a letter sent to Mrs. Hochstetler from the Highway Division of Elkhart County. Based on page (2) of the letter the Council felt that the drainage easement for Timber Valley Subdivision is under the governing authority of Elkhart County according to the PUD, but the Highway Division decided that the matter should be put back to the community, the Town of Millersburg. President Majdak spoke with the town attorney Doug Hayes and he called the County. Mr. Hayes spoke with John Bowers who is an Elkhart County Highway Department Engineer and Gordon Lord the County’s attorney. They both determined that the County is the governmental agency in charge of the easement in question. Mr. Bowers stated that since the drainage does not effect any roadways it is not a priority to the County. The letter stated that the Town of Millersburg could request jurisdiction over the easement from the County, but then the Town would be liable for the cost and enforcement to fix the drainage ditch. The Town could at that time put a lien on the property and the property could not be sold until the cost of fixing the ditch was reimbursed back to the Town. The Town ‘s attorney Doug Hayes suggested the best solution would be for the neighbors to go back to the PUD and file a suit against the property owner in small claims court. Council member Greg Baumgartner suggested that the Town check to see if there were other areas in the Town that may be under the jurisdiction of the County. If there is the Town should somehow deal with it, so problems like the Timber Valley ditch could be resolved by the Town. Council President Robert Majdak believes that the Timber Valley ditch is the only place in the Town limits that is still under the jurisdiction of the County. Council member Greg Baumgartner asked what would need to be done to get jurisdiction? President Majdak answered that the Town files a document, requesting jurisdiction. The County then reviews and approves the request, and then the Town would have jurisdiction. Council member Max Miller asked how much would it cost to fix the ditch? Resident Lee Nisley answered that nobody’s sure because there are three other wet areas that need to be fixed. The County did come out and look at the ditch and informed Mr. Hochstetler that the ditch should be (4) to (5) feet deep to solve the drainage problem. After much discussion it was decided that the Town had no jurisdiction and the County is not going to take responsibility, so Mr. Hochstetler decided to dig the ditch out himself and put in a drain tile. It was discussed that maybe Mr. Hochstetler could try to recoup the cost through small claims court from the offending neighbor.
I. Park
• A letter was received from Senator
Marvin D. Riegsecker concerning the Grant for the ball diamond lights. At
this time all Build Indiana Grant money will be transferred into the State’s
General Fund. The project will stay on the books and will be eligible for funding,
as monies are available.
• Park Board President Lee Nisley presented the Council with a recommendation
of hiring Brenda Garber as the Park Summer Program Director and three (3) assistants.
The Council approved the recommendation.
• Park President Lee Nisley asked the Council if playground signs could
be put up around Eagle Park? The safety audit addressed the issue of signs.
Council President Robert Majdak asked Mr. Nisley how did he want to handle getting
signs for the Park? Mr. Nisley answered that he would get with the Marshal,
and find out what would be the cost and placement of the signs. Marshal Hathaway
will get the information and give the Council an assessment of cost and placement
at the next meeting.
II. Water Superintendent
• Discuss Water Tower maintenance. See attached schedule. Phoenix Tank
will be here on Wednesday April 24th, 2002 to clean the water tower. President
Robert Majdak asked Superintendent Eldridge if the public was made aware of
the water tower project? Superintendent Eldridge answered that he had the schedule
posted at the Town Hall, Post Office and the Credit Union. As for the newspaper
it should be published that if people see the water coming out of the hydrants
they are not to touch them, that means do not turn the water off. Signs were
made and put on the hydrants. Superintendent Eldridge tested the pressure valves
at the Fire Station to make sure they all worked. The first valve tested was
damaged due to an air pocket in the water hose Superintendent Eldridge went
to the lumber company and got a replacement part. Council President Robert Majdak
informed the Council that a pre-planning meeting was held on Friday April 19th,
2002 to inform the people involved of their part in the project and discuss
any foreseen problems. See attached minutes from the meeting.
• Discuss benefits for increase responsibility at Water Plant. No discussion.
III. Wastewater Superintendent
• Discussion and approval of the Interlocal Agreement between the Elkhart
County Redevelopment Commission and the Town of Millersburg. The Council agreed
to have President Robert Majdak sign the Agreement. Robert Majdak made the motion
to approve the Interlocal Agreement as written Greg Baumgartner seconded the
motion and motion was carried by a voice vote. Robert Majdak made the motion
to accept the Bond Anticipation Note Purchase Agreement Greg Baumgartner seconded
the motion and motion was carried by a voice vote. The Clerk/Treasurer was not
present to notarize the documents, so signing will take place when the Clerk/Treasurer
returns to the office.
• Update on reed-bed project. Beer & Slabaugh came the week of April
15th, 2002 and cleaned the west reed-bed, because it only took them three hours
they charge $1,500.00 instead of the original quote of $2,160.00 per reed-bed.
The east reed-bed will cost the original quote of $2,160.00 because it will
take longer to clean.
• Update on the Wastewater Plant. Superintendent Eldridge informed the
Council that everything at the Wastewater Plant was running well.
• Superintendent Eldridge informed the Council that Wise Electric was
at the Forest River lift Station
hooking up power to the meter box the week of April 15th, 2002. President Robert
Majdak informed the Council that he had talked to two landowners on State Road
13 about an easement back to the lift station. President Majdak is to get back
to the landowners tonight April 22nd, 2002. If an easement cannot be acquired
then it will cost thousands of dollars to run the electric line from State Road
13.
• Superintendent Ben Eldridge requested to take vacation June 9th, through
June 14th, 2002. Council approved.
IV. Maintenance Director
V. Marshal
• Update on security system. Marshal Hathaway recommended M&M
Security for the new security system, as the quote from NOBI
Corp. did not include everything the Town needed. The quote was lower, but
things dealing with the well protection and pumps had to be contracted out,
as they were not capable of doing them. After a discussion the Council approved
M&M Security for the security
system for the Town. The Clerk/Treasurer is to check the funds to see how much
of the system we could afford at this time. Final approval will be given at
the next meeting after research of the monies.
• Discussion of the personal policy-Comp-time for the Marshal and other
employees. Discuss Drug policy. The comp-time was discussed with Marshal Hathaway
breaking the policy down into a couple of sections. The Marshal wanted to get
the other employees opinions on the comp-time issue. After a discussion with
the Council Greg Baumgartner made the motion to accept the policy as written
with a correction for spelling Robert Majdak seconded and the motion was carried
by a voice vote.
• Mary Christner representing Marry’s would like permission from
the Council to close Washington Street between Sherman and Jackson on June 9th,
2002 for a Fundraiser for the Millersburg Police Department.
The fundraiser is being held to raise money for a projection machine for the
Marshal’s movie night and training. The Goshen Police would like to come
and display their motorcycles. The Marshal also informed the Council that other
police agencies would be in Town to help with the traffic. Council approved.
• Nextel offered to loan the Town
(6) phones to use during the water tower project. The phones will be used as
a test to see if the Marshal is interested in purchasing them later.
VI. Clerk/Treasurer
• Approval of paperwork for TIF Loan from Farm
Bureau Credit Union. Robert Majdak made the motion to approve the TIF Loan
paperwork. Max Miller seconded and the motion was carried by a voice vote.
• The Town received notice that we have an excess levy from 2001. General
fund $9,943.00, Park-$1,870.00 and CCD $677.00. The Town was instructed to setup
an excess levy fund, then transfer monies into the Excess Levy Fund. The Town
needs to draft an ordinance to setup the Fund.
• Discuss and approve Ordinance 2002-7
concerning the responsibility of the landlord for delinquent water bills owed
by the renter. Section #3 was the area that needed updated to handle the problem
of whose name the billing part of the water bill should be put in. The decision
was to let the landlord decide whose name the bill would be and who would pay
the deposit. The landlord would ultimately be responsible for the water bill,
but would not have to collect from the renter, as the water billing would be
in the renters’ name. Robert Majdak made the motion to pass Ordinance
2002-7 with discussed changes. The motion was seconded by Greg Baumgartner
and was carried by a voice vote.
VII. New Business
Greg Baumgartner made the motion to pay bills. The motion was seconded by Robert
Majdak and was carried by a voice vote.