The Town Council of Winona Lake, Indiana met in a
regular session on Tuesday, December 22, 2009 in the Town Hall at 7:00 a.m.
COUNCIL MEMBERS PRESENT: Joy Lohse, Sue Gooding, Terry Howie and Randy Swanson
ABSENT: Jim
Lancaster, Larry Long and Mitch Titus,
OTHERS PRESENT: Craig
Allebach, Pete O’Connell, Paul Schmitt and Jim Walmer
Opening
Howie opened the meeting with prayer and the Pledge of
Allegiance.
Approval of minutes – Lohse motioned to accept minutes as amended, motion was seconded by Gooding.
Minutes were approved.
January 1, 1:00pm – YMCA Frigid 5K at YMCA
Second Mile Adventure will be doing the Polar Bear event
in the canal.
Floor Topics: Jerry Nelson wanted to thank Pete and the Street
Dept for their quick switch from leaf pick-up to dealing with the snow and
ice. Gooding asked the Street Department
to add the Fire Department to their priority list of first to be plowed.
Ordinance 2009-12-4
Transfers – Hicks
presented the report and explained that many of the transfers are because we
have cost centers. Transfers need to be
made from one cost center to another to cover expenses. We are required by Indiana Statue to have the
Council approve the transfers. Lohse
made a motion to approve and Gooding second.
The motion was approved.
2010 Wastewater Rate – Lohse made a motion to keep
the rate the same at $44.00 a month.
Motion died for lack of a second.
Swanson stated that since we found $4.00 that the rate could be reduced
by, a rate of $40.00 makes sense. He
felt we have a significant surplus in both funds, but if we are going to build
our own clean water treatment plant that cost $5,000,000 and requires a $44 rate
to pay off that plant, we would need to leave our rate at $44 a month. He felt that it is an outside chance that we
will build our own clean water treatment plant.
Gooding felt that going with the $40 rate goes along with our goal of
trying to keep our budget inline and have respect to the economic
situation. Gooding also expressed that
if we can operate with the $40 a month rate then it is hard to make the case
for our own clean water treatment plant.
Swanson responded that although the meetings are going well so far with
Warsaw, maybe we could find another $2 or $4 to reduce our rate further next
year. He felt that the $44 fee was an
artificial bench mark against which to measure a $5,000,000 plant. If we are going to build our own plant, we
need to measure our own costs against our fee with Warsaw. The $44 becomes bogus, if we are not going to
continue to maintain the surplus. Lohse
responded that it sounds like we are not going in the direction of developing a
clean water treatment plant. If this is
the case, then we have spent a lot of tax-payer’s money on information. If we are not going to build our own plant
then the process should stop. She feels
that we need to go for the plant or quit talking about it. The point today is let’s lower the rate
because we are not going to build a plant.
What ever direction we choose, will reflect in the rate. Hicks shared with the Council that she is not
aware of any Council inquiring of the supervisors why the rate went to $44. Five years ago the Council felt very strongly
that they were going to build a plant and their decision was to raise the rates
and build up funds for that project. The
Town has spent over $150,000 on professionals and we have learned much, but we
are no closer to a decision than we were two years ago. O’Connell felt that the Council has done a
lot of research, but now you need to make a decision. Lohse concurs that we need to decide one way
or another. She appreciates all the
efforts to work rates out with Warsaw, but when do we reach the point of making
a decision. Swanson stated that the only
reason we would build our own plant was if we could charge our customers a
lower rate than what we do now with Warsaw.
He stated that everyone having their own clean water treatment plant
goes against everything “Uni-Gov” is trying to do. Gooding reminded the Council of comments made
by Jerry Nelson regarding the cost of maintaining our own plant. If we can reduce our rates further, then we
would not be building our own plant. We
cannot make a final decision about building a plant; we can only decide the
wastewater rate for 2010. Hicks shared
with the Council that our goals in going into negotiations with Warsaw should
be not only a fair rate, but also a definitive contract with a template of how
that rate is determined. Does the
committee have an understanding of what a fair rate is? Swanson responded that the objectives are to:
(1) get the rate down and (2) do we have some sort of template of how future
increase would be determined. Warsaw is
agreeing with the premise of a template.
Jerry Nelson did not feel that deciding a wastewater rate for next year
is a determinate as to whether we build our own plant. Gooding made a motion to reduce the
wastewater rate for 2010 to $40 and Swanson seconded the motion. The motion passed.
Ordinance 2009-12-3 Tree
Ordinance – Walmer
reported that he did further research after sending the ordinance to the
Council and he presented those changes to the Council. Changes include encouraging owners to replace
dead trees and encouraging developers to include trees in a subdivision. Gooding asked Walmer if he spoke with someone
from Columbia City to see if there had been any ramifications for the
city. Walmer spoke with the city
attorney and he was unsure how aggressive Columbia City had been with the
ordinance. Gooding wondered rather than
writing ordinances would we be just as well off as to have a Board and budget
$1,000 to purchase small trees and give them to resident who would be willing
to plant them on their property. She
felt this would be a more positive approach rather than regulating tree
removal. Howie asked about section H on
page 5 regarding the Town Forester identifying a tree as a “landmark” tree,
does this preclude the property owner from being able to take that tree down? Walmer responded no, unless the tree is
diseased. The Council does need to
decide if tree roots are uprooting the sidewalk or damaging the sewer line,
what limitations you want to have for trees on private property. Hicks stated that the Tree Commission could
incorporate Gooding’s idea of giving away trees along with the ordinance. Schmitt felt that we needed something that
would include public safety issues.
Walmer responded that we have the authority already in the
right-of-ways. Lohse reminded the
Council that in order to become a tree city we must have a tree ordinance. Also, trees are beautiful, but trees increase
storm water absorption and will benefit the Town regarding drainage. The Council needs to put in place guidelines
that will benefit the community. If we
don’t put guidelines in place with some teeth it will be ineffective. If we are not proactive then Cherry Creek and
Wyland Ditch will continue to deposit soil into the lake and the canal. We will continue to see the flooding occurring
and no where for the water to go. This
is the purpose for tree planting. We
have a responsibility to our community and to help maintain Winona Lake. We continue to table this ordinance and Lohse
wondered if the Council team did not want to approve the ordinance. Tree City issue has been on the strategic
plan for the community for a year and a half.
Howie has an issue with the “heavy handedness” of the ordinance in light
of the response from the audience last meeting.
Do we want a resident to pay when they are cleaning up their
property? Hicks responded that this
ordinance does not contain that; it was removed. Swanson stated that he is against larger more
obtrusive government and are we passing an ordinance that addresses a problem
that does not exist? Would the Town have
the ability to address a nuisance tree on private property? Don’t we already have that ability already
because of right of way? Walmer
responded that we probably could not unless the limbs of a tree were hanging
over the sidewalk or street, we could take those limbs off. You would have problems getting a court order
to remove a tree for public safety; this new ordinance would enable us to
remove the tree. If a property owner had
been notified a tree needed to be removed and they do not remove it, if the
tree falls on someone on a street, the Town would have immunity. Schmitt reported to the Council that the
Police would not have time to enforce this ordinance. Walmer said the Forester would receive
direction from the Council regarding enforcement. Gooding stated that she is in agreement with
the need to promote trees in our community, but has issue with all the diseased
trees and public safety issues. She
wondered about making a tree board and giving them a year to do the pro-active
stance. Hicks reminded the Council that
an ordinance is required first before you have a Tree Commission or
committee. The Council has spent $1,500
to $2,000 on Walmer’s time for an ordinance.
As the financial officer for the Town, Hicks asked the Council to not
hire a professional and have that expense until a direction has been decided. Walmer received an ordinance model that had
several “holes” in it. Walmer felt these
“holes” were part of the issues the Council has had to work through. Lohse expressed concerns over the Council
working through this issue so that it comes to fruition. Swanson stated that his opinion has evolved
with the Tree City status and now we are dealing with the issue of problems
with trees on private property. He
questioned if we were passing an ordinance that deals with a non-problem. Lohse stressed the Council should be a team
working together for the betterment of our community. Lohse wanted to know from the other members
of the Council what their desires were.
By consensus the Council tabled the ordinance. Allebach recommended the Council have a
pro-active approach by setting aside some money for tree management, but not
necessarily be a “Tree City”. Hicks
asked what the benefits were to being a tree city. Lohse responded that it is an environmental
recognition. Allebach shared with the
Council that people have come forward wanting to assist with this project. Gooding responded that this is the direction
she would like to go. Gooding made a
motion to rewrite the ordinance to establish a tree board and fund the board
with $5,000 to promote active planting and maintenance of the “treescape” in
Winona Lake. Lohse second the motion and
the Council passed the motion.
Ordinance 2009-12-5 –
Revising Personnel Handbook – the changes dealt with accumulation of
compensatory time for Police Officers and misuse of Town computers. Swanson made a motion to approve the changes
on first reading and Lohse second. The
motion passed. Lohse made motion to pass
this ordinance on second reading and Gooding second. The Council approved the motion.
Craig – met
with a group to look at ways to deal with the sediment coming down Wyland
Ditch. They had a conference call with Carrie
Pintar who is interested in working on a LARE grant – a lake and river
enhancement grant. The project would
also clean up the Wyland Ditch. On
January 5th there will be a walk through with representatives of the
Town, Grace College, Winona Lake Preservation, Carrie Pintar, a consultant and
a county surveyor. The feasibility study
would be 90/10 and 5% of the 10% would be cash and the other 5% could be
in-kind service. Once we were in
construction in 2011, it would be 75/25 with 10% cash and the rest in-kind
services. Winona Lake Preservation has
to apply for the grant, a government entity cannot apply.
Gooding – Shared
how impressed she was with all that the Fire Department gives to our
residents. She made a motion to purchase
each of the volunteer firemen a turkey at a cost of $400. Swanson seconded the motion and it passed.
Hicks –
Reported that the Town received a $1,200 donation from the Winona Lake Grace
Brethren Church and the office sent a letter of thanks on behalf of the council.
Gooding made a motion to
adjourn and Lohse second the motion. The
motion passed
Meeting was adjourned after signing claim vouchers
_________________________ ___________________________
TERRY
HOWIE RETHA
S. HICKS
PRESIDENT
CLERK-TREASURER