City Council
Regular MeetingCicero, IN · July 17, 2012
Minutes
4 TOWN OF CICERO
TOWN COUNCIL MEETING MINUTES
July 17, 2012
At 7:00 PM
Call To Order: President Brett Foster called the meeting to order and Mr. Schrumpf gave the
prayer. President Foster called for the roll call and the members of the Town Council were
present or absent as follows:
Present: Brett Foster Absent:
Jerry Cook
Kay Hartley
Eric Hayden
Dennis Schrumpf
Declared a quorum present.
Others Present: Jan Unger, Clerk Treasurer
Charlie Cambre, Park Superintendent
Pat Comer, Street & Utilities Director
Dave Hildebrand, Police Chief
Steve Peachey, Fire Chief
John Culp, Town Attorney
Keith Bryant, Town Engineer
Approval of Prior Minutes:
Town Council Meeting Minutes, 3, 2012, 7:00 PM – Ms. Hartley made a motion to
approve the Town Council Meeting Minutes of July 3, 2012. Mr. Hayden seconded,
motion passed.
Approval of Agenda:
Ms. Unger asked to add under Committee Reports the Council appointing a member to
the Cicero/Jackson Township Work Comp Committee. Mr. Schrumpf made a motion to
approve the Agenda as amended. Ms. Hartley seconded, motion passed.
Approval of Claims:
Mr. Cook made a motion to approve the Claims as presented. Mr. Schrumpf seconded,
motion passed.
Petitions by Citizens:
Mr. Joe Katuin informed the Council that the Lights Over Morse Lake (LOML)
committee met on July 12th to discuss the rescheduling of the fireworks. There was much
discussion and the conclusion was that by Labor Day the drought conditions would
probably not improve. The LOML Committee decided that they would cancel the
fireworks for 2012 and move the funds to the 2013 celebrations. In 2013 the festival will
begin on July 4th with the fireworks and end on Saturday, July 6th.
Cicero Town Council To Open Bids For 2012 Resurface Projects
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The Council received seven bids for the 2012 Resurface Project. The results of those
bids are attached. Ms. Hartley made a motion to take the bids under advisement. Mr.
Hayden seconded, motion passed.
Cicero Town Council To Open Bids For Stringtown Pike/Ballpark Pedestrian Walkway.
The Council received five bids on the Stringtown Pike/Ballpark Pedestrian Walkway.
The results of those bids are attached. Mr. Cook made a motion to take the bids under
advisement. Mr. Schrumpf seconded, motion passed.
President’s Report:
President Foster read Proclamation for FAITH, HOPE AND LOVE. Ms. Hartley made a
motion to confirm the Proclamation. Mr. Cook seconded, the motion passed.
Council Committee Reports:
Cicero/Jackson Township Work Comp Committee - President Foster inquired if there
was someone from the Council willing to volunteer to be a member of the Cicero/Jackson
Township Work Comp Committee. Mr. Schrumpf agreed to be on the committee. Mr.
Hayden made a motion to appoint Mr. Schrumpf to Cicero/Jackson Township Work
Comp Committee. Mr. Cook seconded, motion passed.
Legal Counsel Report-John Culp:
Mr. Culp stated that he had received information regarding a class action lawsuit against
J.P. Morgan and Wells Fargo regarding investments made with them from 1992-2011.
Mr. Culp inquired if Ms. Unger knew of any investments the town may have made with
these two entities during that time and she said that she knew of none.
Cicero/Jackson Township Plan Commission Report-Dan Strong
No one was available.
Town Engineer Report-Mr. Keith Bryant –
Mr. Bryant reviewed the following
1. Stringtown Pike/Baseball Park Path – Mr. Bryant stated that the bids were open this
evening and United will be reviewing them.
2. Jackson Street Pedestrian Path – Mr. Bryant stated that the bids will be received by
IDEM on August 8th and when he knows the results he will let the Council know.
3. I & I – Mr. Bryant stated that the wastewater department has finished all of the flooding
and testing of the storm sewer. United has reviewed the results. Mr. Bryant distributed a
review of their findings and a diagram of the results. The red on the diagram shows
where the failures were. The yellow dots shows where they know what the problem is as
described on page one. Page two is a list of problems that they are aware of. Mr. Bryant
informed the Council that it is United’s recommendation that they hire a company to
televise the area where they do not know what the problem is. The estimated cost by
United is $21,924. Mr. Culp was asked if the Town had to do a formal request for
proposals. Mr. Culp stated that the Town did not have to get three proposals on this
amount. Mr. Foster surveyed the Council and the consensus is to proceed with televising
the lines. Mr. Bryant informed the Council that the Town did receive a letter from IDEM
stating that they were closing the violation, but Mr. Bryant felt that it was good to
proceed with correcting all of the problems.
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Old Business:
Council To Discuss The Watering Ban.
Mr. Foster stated that at the Staff Meeting there was a consensus to expand the watering
ban to no sprinkling, washing vehicles, and washing of outside surfaces. The ban would
exclude hand watering plants, gardens, and topping off pools. Mr. Culp reviewed the
ordinance and there was a discussion. It was noted that there may be a problem with the
version on the ordinance that Mr. Culp had. Mr. Schrumpf made a motion to table while
Mr. Culp has a chance to review. Mr. Hayden seconded, motion passed.
Council To Approve President To Sign Contract For Repair Of Fire Station With Myer
Construction Management, Inc.
Mr. Culp informed the Council that he has reviewed the contract with Myer Construction
Management, Inc. and found no fault or objections with it. Ms. Hartley made a motion to
approve the contract and to give Mr. Foster permission to sign. Mr. Cook seconded,
motion passed.
New Business:
Council To Consider Ordinance 07-17-2012-1 2013 Salary Ordinance.
There was a discussion on the ordinance. Mr. Hayden made a motion to approve the
2013 Salary Ordinance 07-17-2013-1. Mr. Schrumpf seconded, motion passed.
Miscellaneous
1. Mr. Hayden made a motion to untable the Discussion on the Watering Ban. Mr.
Cook seconded, motion passed. Mr. Culp reviewed the Town of Cicero Code of
Ordinances 50.25 through 50.33. The Council discussed Sec. 50.29 Mandatory
Conservation.
a. Mr. Schrumpf made a motion to declare an emergency and implement
mandatory water conservation. Mr. Schrumpf’s motion included that there be
no use of sprinklers, no sale of pool water, no vehicle washing, and no
washing of outside surfaces. The motion allowed handheld water with a hose
for new trees and scrubs, flowers and vegetable gardens, and topping off
pools as needed. Additionally Mr. Schrumpf included fines to be
implemented as follows: 1st offence would be a warning; 2nd offence $50; 3rd
offence $100; 4th offence $200; 5th offence $500; and 6th offence $2,500. Mr.
Cook seconded, the motion, motion passed.
Comments By Citizens
Mr. Tyler Orton who lives in Morse Landing addressed the Council stating that he was
representing his neighborhood regarding the fireworks. Mr. Orton stated the displeasure
of the citizens on how the Town Council handled the fireworks. He stated that the Town
missed an economic opportunity by not having the fireworks and thought they jumped
the gun in canceling them. Mr. Orton stated that other communities in the county went
on with their displays and was disappointed that Cicero canceled theirs. Mr. Foster stated
that there was much consideration that went in to the decision. Mr. Foster stated that
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when the Hamilton County Commissioners declared an emergency for the entire County
and with the advice of the Town’s public safety personnel, it was a unanimous decision
by the Council to not shoot off the fireworks. Mr. Foster stated that the public safety of
the town residents is the Town Council’s highest priority and responsibility. Mr. Foster
stated that there is a lot of planning that goes into the celebration, with the hiring of
additional police officers, fire personnel, medics, volunteers for parking etc., and that the
decision would have been very difficult to reverse. Mr. Foster stated that he wasn’t sure
if it was the right or wrong decision, however it was the safe decision. Mr. Foster said
that with the addition of this year’s proceeds, next year’s fireworks promise to be the
biggest and best ever!
Mr. Mike Murphy thanked the Council for the Proclamation for FAITH, HOPE AND
LOVE. Mr. Murphy stated that it was timely. Mr. Murphy informed the Council of the
Cicero Food Drop at the high school being done by Gleaners Food Bank and Good
Samaritan Network next Thursday, July 26th at 3:00 PM.
Mr. Murphy stated that there was a lot of opportunity for citizens to volunteer on
committees in the community with regard to Mr. Orton’s comments, particularly with the
Lights Over Morse Lake committee. That way they can be involved and know what and
why certain decisions are being made.
Signatures on Official Documents!
Motion To Adjourn:
Mr. Schrumpf made a motion to adjourn. Ms. Hartley seconded, motion passed.
Signatures on Official Documents!
__________________________
Brett S. Foster – President
__________________________
Jerry G. Cook- Vice-President
__________________________
Sylvia Kay Hartley
_______________________
Eric C. Hayden
__________________________ Attested: __________________________
Dennis D. Schrumpf Jan Unger, Clerk Treasurer
The Next Cicero Town Council Meeting will be on August 7, 2012 at 7:00 PM at the Cicero
Town Hall.
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