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August 8, 2011 Regular Town Council Meeting

August 8, 2011

The Santa Claus Town Council met in regular session on August 8, 2011 at the Town Hall.  The meeting was called to order by Ron Smith at 5:30 P.M.

Present:  Ron Smith, Kevin Burke, Dennis Della Morta, Elmer Dilger and Michael Johannes.

Smith announced that the meeting was being recorded.

Also present were Town Attorney, Kevin Patmore; Utilities Superintendent, Russ Luthy, Town Marshal, Joey Brown; and Deputy Clerk, Carol Severson.

MINUTES:

Johannes moved to approve the minutes of the June 13, 2011 (regular session), July 5, 2011 (special session), July 11, 2011 (regular session) and July 28, 2011 (special session).  Dilger seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

COMMENTS FROM THE FLOOR:

Worker’s Compensation:  Mike Becher passed out two quotes for the Workers’ Compensation renewal coverage and explained the differences; IPEP which is a pool plan through Downey, and Bituminous through Bliss-McKnight.  IPEP is not covered by the Indiana Department of Insurance and volunteers are covered on an excess basis, not primary.  Bituminous is an A+-rated company that is covered by the Indiana Department of Insurance and covered by the guaranty fund; volunteers are charged for up front and at the end of the policy year the cost is based on a payroll of $300 each and coverage is on a primary basis and unlimited and is not capped at $25,000.  Becher went on to answer questions regarding coverages.  Burke moved to accept the IPEP quote of $10,386 quote.  Della Morta seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

Handicap access to Town Hall:  Gerald Cunningham was not present so Dilger explained Mr. Cunningham’s concern about the Town Hall’s doors’ weight.  Smith stated that both the outside and inside doors would have to be adjusted for handicap accessibility.  Patmore stated that because of when the Town Hall was built, it was grandfathered by the ADA (Americans with Disabilities Association).

PARKS & RECREATION AND COMMUNITY CENTER

Updates:  Lisa O’Brien gave updates on the Parks & Recreation and the Community Center.

PLANNING AND DEVELOPMENT

Monthly Report:  Phil Brown passed out and reviewed his monthly report.

House on Blitzen:  A hearing is scheduled for Friday, August 26, 2011 regarding the house on Blitzen.  Updated the Council on the Ruth Rice property.

POLICE DEPARTMENT

J. Brown asked for the publics’ help in watching for vandalism going on in Christmas Lake Village and if they see anything to call dispatch.  They have stepped up patrol and will be enforcing the state curfew.  There have also been issues with mopeds and these are being addressed.

Burke made a motion, that due to some recent activity that occurred last month, to require that when a law officer from the department gets suspended from another department who works on our staff for the Town, with security, with Holiday World, that the Town of Santa Claus honor the same suspension that the other Board has.  Smith stated that J. Brown called him and he referred him to Patmore.  Smith said that the Town hired J. Brown to do a job and it was up to his discretion if legally it was not going to bother anything.  The employee in question is only a part time officer for the Town.  J. Brown stated that he had spoken with the employee involved, the sheriff would not talk to him about it.  Also spoke with a detective for Spencer County who told J. Brown what had happened.  J. Brown said that any of his officers could have done the same thing and he would not have suspended them.  Dilger asked if J. Brown had spoken with the people involved.  Johannes stated it was the correct street and the last two numbers of the house address were the same.  Burke stated that his point in making this is that if one agency suspends an employee we should have the common courtesy to suspend him until we have a hearing.  If we suspended someone and they went down and worked part time at another department we would be furious if our employee was able to fill those hours elsewhere.  Dilger seconded the motion.  Further discussion took place and Dilger advised if Brown will talk with the people involved and the Sheriff, he will withdraw his second.  Johannes stated that the officer did not lose his police powers.  The motion died.

FIRE DEPARTMENT

Fire Station update:  Ed Hagedorn gave an update on the firehouse and Patmore advised there were a few minor items he needed to talk to Wetzel about.  Hagedorn advised they will be ready to bid within two weeks.  Patmore will call Wetzel tomorrow.  Johannes moved to have Midwestern advertise for bids for the fire station.  Burke seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

STREET DEPARTMENT

Raise request for Knies:  Luthy made a request for a $.20/hour raise for Knies and explained the First Responder Certification he had received and how it would apply to his job.  Burke moved to approve a $.20/hour raise for Knies due to his First Responder Certification.  Dilger seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

WASTEWATER

PMR:  Luthy passed out his monthly report for July.

WATER

Luthy advised the water plant is doing fine and gave the usage figures.

INDUSTRIAL PARK

No business to come before the Town Council

TOWN ATTORNEY

Patmore read aloud and discussed the various ordinances, resolutions, updates and affidavit.

Ordinance 2011-06, amendment to Town of Santa Claus Code 3.17 concerning firearms (first reading) – Johannes moved to approve the first reading of the ordinance; Smith seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

Ordinance 2011-07, prohibiting fireworks (first reading) – Johannes moved to approve the first reading of the ordinance; Della Morta seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

Ordinance 2011-08, bidding preferences (first reading) – After discussion, Della Morta moved to approve the first reading of the ordinance with “$10,000,000” and “five years” inserted.  Johannes seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

Ordinance 2011-09, Redevelopment Commission (first reading) – Johannes moved to approve the first reading of the ordinance; Della Morta seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

Ordinance 2011-10, amending personnel policies (first reading) – Dilger moved to approve the first reading of the ordinance; Johannes seconded the motion.

Ayes:  Smith, Della Morta, Dilger and Johannes

Nays:  Burke

Motion carried.

Ordinance 2011-11, Town Manager (first reading) – Johannes moved to approve the first reading of the ordinance; Dilger seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

Resolution 2011-04, real estate – Johannes moved to approve the resolution Johannes moved to approve the resolution; Dilger seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

Resolution 2011-05, TIF District – Johannes moved to approve the resolution; Della Morta seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

Resolution 2011-07, Intent to reimburse expenditures – Johannes moved to approve   the resolution; Dilger seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion carried.

Affidavit concerning immigration requirements – Patmore reviewed the affidavit.  No   action to be taken by the Council.

Kasper Drive and LJK Trail – Patmore was advised by INDOT today that all monies are “paused” due to government funding.  The shoulders on the road for Kasper have been determined to be okay.

CLERK TREASURER

Resolution 2011-06, reduction in the cumulative fire 2011 budget to fund the 2012 budget – Johannes moved to approve the resolution; Della Morta seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion passed.

MISCELLANEOUS

Luthy advised no quotes were received for the lighting installation at the Town Hall.  He will resubmit for next month.

With no further business to come before the Council, vouchers were signed and Dilger moved to adjourn the meeting at 7:00 P.M.; Johannes seconded the motion.

Ayes:  Smith, Burke, Della Morta, Dilger, Johannes

Nays:  None

Motion passed.