All documents presented during the same are on file in the Clerk Treasurer s office and may be reviewed upon request.
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1 The met in regular session at 6:00 P.M. on April 3 rd 2014, at its regular place of business located at 100 West State Street, Pendleton, Madison County, Indiana. All documents presented during the same are on file in the Clerk Treasurer s office and may be reviewed upon request. Town Council President Robert Jones called the regular meeting of the Pendleton Town Council to order. He called for a moment of silent prayer and asked Mike Hall to lead the Pledge to the Flag. Roll was called and a quorum established. Council Members present: Robert Jones, Jeanette Isbell, Chet Babb, Chad Wolfe, John Armington and Clerk Treasurer Timothy J. Ryan. Also present: Town Manager Tim McClinick, Town Attorney Alex Intermill, Fire Chief Gardner, Ambulance Chief Meyer, Utility Office Manager Jo DeWitt, Police Chief Farrer, Judge Gasparovic and Deputy Clerk Treasurer Linda Kreigh. Clerk Treasurer Tim Ryan Reported the Town s two working accounts and savings as of March 31 st 2014 was $9,442,230.40, total interest earned for 2014 was $6,542.08, and total claims for the month of March 2014 was $1,072, Announced that Dawn Speedy will be replacing Penny Creger in the Clerk Treasurer s Office. Penny will be retiring from her position on May 2nd of this year. A MOTION TO ACCEPT MINUTES FROM TOWN COUNCIL MEETINGS DATED MARCH 6 TH 2014 AS PRESENTED AND TO APPROVE THE CLAIMS WAS COUNCIL MEMBER ISBELL. MOTION CARRIED. NEW BUSINESS: Ordinance (An Ordinance amending Ordinance concerning golf carts and other Non-traditional Vehicles) Town Manager McClintick Explained this issue was discussed at the last council meeting as the current ordinance does not allow golf carts on State Street. The amended Ordinance would allow the golf carts to be on State Street until they reach the nearest town street or alley between the segment west of the railroad overpass and east of Fall Creek on State Street.
2 Page 2 Town Attorney Intermill State this ordinance would need to be published in the local newspaper and would become effective on date of publication A MOTION TO APPROVE ORDINANCE ON FIRST READING WAS A MOTION TO SUSPEND THE RULES AND HAVE A SECOND READING FOR ORDINANCE WAS MADE BY COUNCIL MEMBER BABB AND SECONDED BY COUNCIL MEMBER WOLFE. MOTION CARRIED. A MOTION TO ADOPT ORDINANCE ON SECOND READING WAS Ordinance (An Ordinance amending the original annexation Ordinance) Town Manager McClintick Gave a brief explanation of the fiscal plan estimates he had given to the council. Stated this was a rough estimate of the cost for services the town would have to provide to the original proposed annexation area comparing it to the cost of services the town would have to provide to the proposed revised annexation area. A short discussion began concerning the pros and cons with the original annexation and the revised. In the original the town s electric company would have to run a three phase overhead line from the town s substation to Newco metals, Newco currently has this connection with their current electric provider. The town s water company would have to install 12 water main if Newco Metals requested water but water hookup for the other property owners in the area is not mandated like sewer hookup is. The town would be responsible for 3.25 more miles of street maintenance. Town Attorney Intermill stated the town would have the ability to control the growth in the proposed annexation area and the council needed to decide if the investment the town would have to make for the proposed annexation area would pay off with future development in that area. Town Attorney Intermill Explained that the Town of Ingalls is proposing an involuntary annexation and has started the process. One option is for the to wait and see if the involuntary annexation is completed or is remonstrated. Thirty days after Ingalls adopts the annexation ordinance property owners in that area have ninety days to file a remonstrance against the annexation. Explained the can adopt the original annexation ordinance that include property Ingalls is proposing to involuntary annex but the court most likely would rule in favor of Ingalls as they have started the process first. Another option is the could revise their
3 Page 3 annexation ordinance to eliminate the property Ingalls is proposing to annex as the Town can revise an annexation ordinance with less area and this would still make this a voluntary annexation for the Town of Pendleton. The council decided to proceed with a revise annexation that did not include territory that Ingalls was annexing and stated in the future if the Ingalls annexation was remonstrated then the Town of Pendleton could precede with another annexation for that property. A MOTION TO ADOPT AMENDED ORDINANCE ON FIRST READING WAS MADE BY COUNCIL MEMBER BABB WITH THE REQUEST TO HAVE PENDLETON COUNCIL PRESIDENT MEET WITH INGALLS COUNCIL PRESIDENT TO CLARIFY THE BOUNDRIES OF THE PROPOSED AREA BOTH ENITIES ARE ANNEXATION THE MOTION WAS SECONDED BY COUNCIL MEMBER ARMINGTION. MOTION CARRIED. Pendleton Town Court Council President Jones Read Resolution R13-09 concerning the restructuring and relocation of the town court that the council approved September 5 th, 2013 Town Attorney Intermill began a short discussion by explaining that state statute was put into placed allowing a town by ordinance to create or abolish a court every four years. The town can maintain an ordinance violation bureau through the Clerk s office which will receipt fines that are not contested. Any contested violation the clerk s office will refer to the Town Attorney and a date will be set up for a hearing at the Madison County Courts. Stated all moving ordinance violation must be paid or heard at a court. Town Attorney Intermill also stated that courts are not create to make revenue as this would create a profit motive for the judicial system, fines are supposed to be a deterrent The council began discussion about the pros concerning closing the court this would allow the police department to occupy the building once the court closes and the town can choose to create a town court again at the time allowed. The council also stated that the restructuring of the court was no reflection on the judge as he has done an exceptional job as judge or the staff at the court as they run an efficient court. A MOTION TO AMEND RESOLUTION R13-09 SECTION D TO READ OCTOBER 2014 TO REVIEW ABOLISHING THE COURT WAS MADE BY Ordinance (An Ordinance establishing a Department of Storm Water management)
4 Page 4 Joe Tierney from GRW Engineering Explained this ordinance would create a new storm water management program and authorizes the town to consider the costs of collecting and treating storm water drainage. Stated a board will be established consisting of three members who live within the town s boundaries. Stated a study was done for the purpose of setting rates which will be based on a flat rate for residential and agricultural homestead properties, agricultural properties shall be exempt. Other properties will be assigned an ERU based on total impervious area on the property. Explained this is a mandatory requirement for all entities. A MOTION TO APPROVE ORDINANCE ON FIRST READING WAS MADE BY COUNCIL MEMBER BABB AND SECONDED BY COUNCIL MEMBER ARMINGTON. MOTION CARRIED. Town Manager Tim McClintick Stated an agreement was executed with IMPA Service Corporation, this will allow the town to contract with IMPA to maintain the substation and evaluate our system for maintenance. Stated contracts and notice to proceed were executed for the rehabilitation of the water towers starting May 1 st, 2014 Stated the downtown streetscape project is under way. Met with Marty Vangas who is Vice President of the Economic Development of INDY Partnership on potential development leads Stated the finalize agreement to implement online bill paying was signed Jo DeWitt announced the utility office has hired a replacement for Dawn Speedy. Kate Edwards will fill that position beginning May 1 st, A MOTION TO APPROVE THE TOWN MANAGER S REPORT WAS MADE BY COUNCIL MEMBER BABB AND SECONDED BY COUNCIL MEMBER WOLFE. MOTION CARRIED. Judge Gasparovic Stated the Pendleton Town Count nominated two elementary teachers to participate in a continuing education workshop covering appellate process, problem solving courts, juvenile family matters and Supreme Court oral argument. A MOTION TO APPROVE THE JUDGE GASPAROVIC S REPORT WAS
5 Page 5 Fire Chief Gardner Informed a total of 37 runs were made in March 2014, training included CPR/AED, business meeting, SIDS, Blood Borne Pathogen, and Autism. A MOTION TO APPROVE THE FIRE CHIEF S REPORT WAS MADE BY Ambulance Chief Meyer Reported a total of 94 runs were made in the month of March, 48 ALS, 38 BLS and 8 disregards. A MOTION TO APPROVE THE AMBUALANCE CHIEF S REPORT WAS COUNCIL MEMBER WOLFE. MOTION CARRIED. Police Chief Farrer Stated Officer Ryan Baker and Officer Sam Quiroga completed the School Resource Officer training. Stated mapping software for the area schools was discussed at the monthly Chief s meeting. Reported Officer Baker began the Academy and will be there for the next 15 weeks. A MOTION TO APPROVE THE POLICE CHIEF S REPORT WAS MADE BY PUBLIC INPUT Linda Castor Had concerns about traffic speeding on State Street. Police Chief Farrer Stated he would put the digital speed sign out when repaired and possible move a speed limit sign to make it more visible. There being no other business brought before this Town Council, the meeting adjourned at 8:40 P.M. Prepared by: Approved by: Timothy J. Ryan Robert Jones Clerk Treasurer Council President
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