The Independent-News, Volume 117, Number 22, Walkerton, St. Joseph County, 24 October 1991 — Page 2

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- THE INDEPENDENT NEWS - OCTOBER 24, 1991

WALKERTON TOWN BOARD MINUTES The Walkerton Town Council met t 7:00 p.m. on October 7, with the following members present: Maggie Gaddis, Cheryl Rizek, Walter Heil and Leonard Jaske. Attorney David Holmes and ClerkTreasurer Judy Hiler were also present. The minutes were approved as read. Bill Owen, Bosh Design Group, told the council that they have figured two alternates in the design of the sewer lines at the industrial park. When doing the drawing for Alternate 1, it was found that the cemetery's boundary overlaps into American Door’s property. Owen said that the boundary should be cleaned up if we are going to go with Alternate 1. Alternate 1 is shorter and would be less costly. There was an estimate from Russell C. Eck & Associates, LaPaz, to set boundary stakes for the cemetery at a price of $575 minimum to $875 maximum, depending upon the amount of work involved. American Door recently had a survey done in connection with a property dispute, and their attorney has contacted Holmes in regard to working things out. Holmes recommended that we authorize Bosh to go ahead and prepare everything to bid it out, using the alternatives; approve the plans as they have been submitted and thus giving him the opportunity to talk to American Door’s attorney. It was thought that American Door had their property surveyed. Holmes said that if surveys have already been made, he will try to get copies of them to Bosh and to David Behr. Len Jaske made the motion to accept Bosh Design's plans, as they are now, and to bid the project out. Seconded by Walt Heil. Carried. David Behr reported on a Redevelopment Commission meeting held earlier today. The Redevelopment Commission recommends that the town council restrict all vending machines from being placed on the public sidewalks dong the 600 and 700 blocks of Roosevelt Road, in downtown Walkerton. It is the commission’s opinion that outdoor vending machines detract from the historic nature of the downtown’s historic nature. Behr said that the commission feels that the vending machines detract from the appearance of the downtown, and it’s their preference that the vending machines be put inside the buildings or on the side streets. Holmes advised that no one has the legal right to put an obstruction on public property. Heil asked about merchants putting their wares, out for sale, on the sidewalks. Holmes said that it depends on what we’re going to tolerate. Things that are put out, that are portable or moveable, are generally tolerated. He added that things that are relocated on a daily basis can be distinguished from things that are just left there indefinitely. Holmes said that the machines are only tolerated now, and if the council chooses not to tolerate them any more, it’s within their authority not to allow them. Heil feels that we would be showing partiality by allowing the sale of some things on the sidewalks, but not allowing the vending machines. Jaske suggested that Behr check with the merchants who have the vending machines to see how they would feel about the removal. It was decided to table, so that the council can make a more informed decision. Behr told the council that the contractor, who is putting in the new sidewalks, has run into a problem concerning the dedication plaque in Urey Park. The concrete monument is set on top of a cement square that now sets approximately

five inches lower than the new sidewalks. Behr recommended putting in brick in the front of the monument. The brick will put the monument in line with the sidewalks, and will tie in with the brick squares throughout the sidewalks. Larson-DAnielson has quoted S4OO for labor and materials. Len Jaske made the motion to approve the additional S4OO expenditure. Seconded by Maggie Gaddis. Carried. The monthly police and work order reports were accepted by the council. Charles Hendricks who is with the LaPorte District of the State Highway Department spoke to the council and Mr. and Mrs. Randy Dailey about the curve in front of the Dailey's house on Roosevelt Road. Hendricks said that their traffic department has made a study and they feel that the curve is safe at the speed limit at which it’s marked. Mr. Dailey pointed out that there is a speed limit sign that was knocked down, during the last accident, that needs to be put back up. Rizek asked if any other type of sign or flashing light could be installed. Hendricks replied that large chevrons can be put up, and added that in order to reconstruct that curve, the license branch, one or two homes and a large portion of Mahoney’s parking lot would have to be taken out. There are over six hundred projects in the highway improvement program right now. The reconstruction for this curve would be put in with those other projects, and would have to compete with them for acceptance. Mrs. Dailey asked if it would be possible for the town to salt that curve in the winter, as she has been calling the state highway department every time it gets icy. Hendricks told the Daileys that the highway department salts Highway 6 on a routine basis, but the best way to ensure that it's salted is to continue to call and report it to them. Hendricks added that the speed limit sign and the chevrons can be installed before winter. Attorney Holmes said that he knows a driver who goes both ways on Highway 6 a couple times a night. This driver has told Holmes that he has almost lost it a couple of times, because he has gotten too close to the outside and the road is crowned too much. Hendricks said that it’s a possibility to super elevate the curve and make the road taper all one way. Elevating, or banking this curve is a project that would be more probable than an total reconstruction of that section of the highway. Hendricks recommended that the council write a letter to the Highway Department asking them for a total reconstruction of the curve. He added that all the support that we can get will help with this project. Hendricks said that a letter will be sent to the council outlining what the Highway Department intends to do about the curve. AMBULANCE: The ambulance service has received a contract from Community EMS, wherein Community would bill all runs where they’ve been called in to assist. Theirs would be the only billing, and they would remit fifty per cent of their collections for these runs to our ambulance service. The contract was dated August 1, 1991, and was not received by us until September 25, 1991. Community has been billing our runs, without our knowledge, since the first of August. Holmes said that he has reviewed the contract and doesn’t see any problem with it, and feels that any double billings that have occurred can be worked out. Holmes recommended that we request copies of their insurance agreements. Len Jaske made the motion to accept the contract as of October 1, 1991. Seconded by Maggie Gaddis. Carried. CITIZEN’S INPUT: Mel Divine said that he would like to get a complaint, concerning

his Virginia Street Storage, resolved. Divine said that he had gotten a letter from the building commissioner telling him that he had to black top the area round his storage buildings, and he feels that the rock he has put down should serve as a non dust surface. Attorney Holmes said that paving was a condition for approval of the storage buildings. Divine has planted shrubbery at the back of the property, as the natural buffer which is required by our ordinance. After further discussion of the ordinance requirements, Holmes said that he would look up the minutes he had taken at the Plan Commission and Board of Zoning Appeals meetings, and get copies to the council. The council was in agreement that the property should be made to abide by the restrictions in our ordinance. OLD BUSINESS: Superintendent Back hasn't been able to get estimates for the Town Hall renovation. He has contacted four different people but no one has come to look at it yet. Heil suggested giving it two more weeks to get estimates, before postponing the job until next spring. We received quotes for several different projects from Terry Baugher who is a consulting engineer. Among these quotes was one for water- mapping. The council tabled the quotes, so that they can have some time to review them. The ordinance to re-estableish the Cumulative Capital Development Fund was read again, as the notice of the public hearing had not been published before the previous readings. Walt Heil made the motion to do all three readings in short form. Seconded by Maggie Gaddis. Carried. The first reading was accepted on a motion by Len Jaske. Seconded by Walt Heil. Carried. The second reading was accepted on a motion by Walt Heil. Seconded by Maggie Gaddis. Carried. The third reading was accepted on a motion by Len Jaske. Seconded by Maggie Gaddis. Carried. Ordinance No. 1991-05 AN ORDINANCE TO RE-ESTABLISH A CUMULATIVE CAPITAL DEVELOPMENT FUND WHEREAS, IC 36-9-15.5 allows municipalities to establish and continue a Cumulative Capital Development Fund; and WHEREAS, the Town of Walkerton finds that such a fund is necessary and prudent for the financial well being of the municipality; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WALKERTON: SECTION 1. That there is hereby re-established a Walkerton Cumulative Capital Development Fund. SECTION 2. That an ad valorem property tax levy will be imposed and the revenues from the levy will be retained in the Walkerton Cumulative Capital Development Fund. SECTION 3. That the maximum rate of levy under SECTION 2 will not exceed $.12 per SIOO Assessed Valuation. SECTION 4. That the Walkerton Cumulative Capital Development Fund is re-established for the years 1992, 1993 and 1994. SECTION 5. That the funds accumulated in the Walkerton Cumulative Captial Development Fund will be used for: Bridge Fund, Building Fund-Airports, Building Fund-Levees. Maintenance Fund-Channel Improvements, Hospital Building Fund. Firefighting Building. Equipment, Police Radio Fund, Transportation Fund-Buses, Building Funds, Capital Improvement Fund, Street Fund, General Improvement Fund, Building Fund-Sewers, Drainage Fund, Building Fund-Parks, Sinking and Building Fund-Parks. SECTION 6. Notwithstanding SECTION 5, funds accumulated in the Walkerton Cumulative Capital Development Fund may be spent

for purposes other than the purposes stated in SECTION 5, if the purpose is to protect the public health, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the Town Council President issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund. SECTION 7. This fund takes effect upon approval of the State Board of Tax Commissioners. Adopted the 7th of October, 1991. Cheryl A. Rizek, President Leonard Jaske, Councilmember Maggie Gaddis, Councilmember Walter L. Heil, Councilmember ATTEST: Judith R. Hiler, Clerk, Treasurer Back told the council that the Electric Advisory Board has agreed to allow the hiring of a new employee. Roman Brehm, who’s on the Advisory Board, added that there’s a proviso that the electric rates will not have to be increased in the next two years because of the hiring of the additional employee. Len Jaske made the motion to hire Steven Groves at $6.50 an hour, or $13,520.00 annually, to be paid out of the Electric Operating Fund. Groves will be on probation for a term to be decided at the time the council approves the new job classifications and town policy. Seconded by Maggie Gaddis. Carried. Rizek asked Back if the leaf vacuum will be ready for use in the near future. Back said that they hope to have it going before too long. NEW BUSINESS: Rizek had received a letter from Angie Neidlinger asking permission to close the middle of Grissom Drive for a block party on October 19, between the hours of 2:00 p.m. and 8:00 p.m. Len Jaske made the motion to allow. Seconded by Maggie Gaddis. Carried. The council reviewed a service contract from Tipton Testing for testing electric meters in 1992. Len Jaske made the motion to accept. Seconded by Walt Heil. Carried. Rizek asked Holmes what he has found out about our grant money. Holmes said that David Behr is going to Indianapolis to talk to the Department of Commerce about this grant. Holmes feels that the Department of Commerce is willing to negotiate our positions concerning the money in the Rural Development Loan Proceed Fund. He added that we have committed a portion of the funds in the Rural Development Loan Proceed Fund to the Chamber of Commerce. This committment had been included with the original Community Development Block Grant application, and had been approved by the Department of Commerce. Walt Heil made the motion to authorize David Behr and David Holmes to negotiate settlement with the Department of Commerce. Seconded by Len Jaske. Carried. Holmes said that the old grant to the Rural Development Loan Proceed Fund was to be used as a revolving loan fund for industrial expansion. The Walkerton Industrial Fund is ready to document a need for the money in that fund, if necessary. Holmes said that with the projects that we have going, there is no question that this money is needed for our economic development. The Industrial Fund is prepared to use the money for infrastructure in the industrial park. The balance in the Rural Development Loan Proceed Fund is approximately $54,000. There is already an agreement to loan $32,000 of this money to the Chamber of Commerce, and Holmes asked for the council to approve a loan of the remaining $22,000 to the Industrial Fund, if necessary. Len Jaske made the motion to allow the loan. Seconded by Walt Heil. Carried.

Attorney Holmes advised the council that paperwork concerning the grant for the Adams Street railroad crossing should be coming in some time in December. This paperwork has to be filled out and sent in to the state by April 15, 1992. If the paperwork is not received by us by January 10, 1992, then we are to call and make sure it is sent to us. Holmes asked the clerk to make copies of a letter which he received from Brent Martin and Russ Jimerson concerning the property they own at 806 Ohio Street. The letter is a response to a letter they received from Chief Gassensmith asking them to clean up the property. Holmes advised that the council should review this letter, so that it can be discussed at the next meeting. The council reviewed an application for the rental of the upstairs apartment. There were questions concerning the ages of the children, if the applicant had other sources of income, and how much she previously paid for rent. It was decided to table a decision until the next meeting. The clerk asked Holmes if a woman who home schools three children has to meet any special requirements with the town. Holmes replied that there is no commercial enterprise in schooling children at home, and there would not be any requirements to be met for the town. Superintendent Back said that a state wide mutual aid agreement was discussed at a recent IMEA meeting. Back said that they were told to be sure that they have insurance coverage for both men and equipment when they go out of town for mutual aid. Attorney Holmes said that the Bliss-Mc-Knight insurance group always insists on seeing any type of proposal such as this one, and will give us help in drawing something up. Holmes asked Back to give him any information, concerning mutual aid, as it becomes available, so that he can get with BlissMcKnight. Holmes is sure that Bliss-McKnight will end up drawing up the agreement that everyone will sign. At the IMEA meeting, it was also suggested that the electric utility have it’s own unlisted phone for use during emergencies. There are usually so many incoming calls during anemergency, that it is hard to get an open line to call out. Back was not sure if the police or fire departments have unlisted numbers. He is to check with the other departments to see if they do have unlisted numbers, and if an extension would do for the electric department, or if they need their own number. Holmes also suggested a portable phone that can be taken away from the site. Back had quotes for a chipper with automatic feed. The Electric Advisory Board had previously okay’d this purchase. Back would like to buy the chipper in November with payments deferred until the first of the year. The quotes were as follows: Deeds Equipmentsl2,9B4.oo, North Equipmentsl4,32s.Bs and Vermeer-$16,200. It was decided that Back should see if he can get the payment deferred until the first of next year. He is to bring an answer back to the next meeting. Len Jaske made the motion to accept claims 1005 through 1083 for $90,125.27, and payroll docket dated 10/1/91 for $17,832.26. Seconded by Maggie Gaddis. Carried. Walt Heil made the motion to adjourn. Seconded by Maggie Gaddis. Carried. TABLE COVERING For Picnics To Banquets " Rolls 40” Wide x 100 Yds. independent-News 601 Roosevelt Rd., Walkerton